Presumptive Within One Year

[iraqrecall]

Ok maybe I am just dumb but heres my question.

If a disability is claimed with in one year of discharge is it considered presumptive?

I have had some medical problems arise after discharge but prior to one year but have been denied because of no nexus in my active duty medical records.

[iraqrecall]

I posted somewhere this AM as to what the chronic Presumptive reg means and that the "one year" means that a successful claim if awarded with get day after discharge as the EED for the retro.

Chronic presumptives are due to a liberalizing law and many reps (and the VA too) do not understand what this type of presumptive disability is.There is a list. The VA holds to the list.

However a claim for direct SC instead of presumptive can be awarded too within the first year after service.

I posted somewhere this AM as to what the chronic Presumptive reg means and that the "one year" means that a successful claim if awarded with get day after discharge as the EED for the retro.

Chronic presumptives are due to a liberalizing law and many reps (and the VA too) do not understand what this type of presumptive disability is.There is a list. The VA holds to the list.

However a claim for direct SC instead of presumptive can be awarded too within the first year after service.

Also found this>If a chronic disease manifests itself within the first year of leaving service it can be presumed service-connected. This presumption can be overcome if it is shown that there was another cause for the condition between the time the veteran left service and the onset of the disease. It should also be noted here, that certain diseases have a longer presumptive period than the one-year. One such medical condition is multiple sclerosis if this condition manifest itself within seven years it is presumptively service-connected.

http://www.veteransdisabilitylawyersite.co...connection.html

[Commander Bob]

Ok maybe I am just dumb but heres my question.

If a disability is claimed with in one year of discharge is it considered presumptive?

I have had some medical problems arise after discharge but prior to one year but have been denied because of no nexus in my active duty medical records.

Hi 'iraqrecall', first, as you know, there is no such thing as a dumb question, here on Hadit.... Sometimes dumb answers.lol...

As you have learned "presumptive" means different time limits to different disabilities....

Good Luck

[carlie]

Also, the regulation Berta posted regarding

claims filed within one year of separation.

carlie

[john999]

Iraqrecall

I would appeal any denials of claims filed within one year. If you were in combat the VA must take into account that injuries are often not recorded in records. They should give the combat vet the benefit of doubt about alleged injuries, especially those claimed within one year of discharge. Did you get any kind of combat award while in Iraq? I have read this before in the regs somewhere. It has been discussed here before where a combat vet claims an injury where there is not record but the story of injury is reasonable.

[iraqrecall]

Iraqrecall

I would appeal any denials of claims filed within one year. If you were in combat the VA must take into account that injuries are often not recorded in records. They should give the combat vet the benefit of doubt about alleged injuries, especially those claimed within one year of discharge. Did you get any kind of combat award while in Iraq? I have read this before in the regs somewhere. It has been discussed here before where a combat vet claims an injury where there is not record but the story of injury is reasonable.

Appeal has been put in along with Hypertension seconday to DB II, Polyps on vocal cords and PTSD. Will see how all that come out.

[Berta]

John- for PTSD diagnosed while in service-the relaxed stressor criteria goes into affect:

http://www.hadit.com/forums/index.php?showtopic=32096