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Info On Disability


i am currently trying to file a new claim on lower back problems but was never seen by a doc at b.a.s on camp pedelton. Im regreting thid now but back the people that went to sick call cauaght so much trash talking and it showed that you were weak to go well must of us didnt go. My mos was 0311/infantry so my body took a beating. I am already currently rated at 40% for knee and shin problems. i saw this info in one of the post i am about t list but was wanting to know where it came from.

How do I establish service connection?

You can establish service connection for a current disability five ways:

(1) directly;

2) by using a presumption;

(3) by showing that it is secondary to a disability that is also service connected;

(4) by showing that a pre-service condition was aggravated during service; and

(5) by showing that you were injured in a VA hospital or while pursuing a course of VA vocational rehabilitation.

I was in the voc rehab program for close to four years and all my health problems worsend in the program and according to number 5 above my new claim should be covered, I need to find this info. I also saw this super expensive book for close to 200$ called veterans benifits manual http://www.lexisnexis.com/veterans/. does anybody know how can get info from book without buying it. The info i need is in chap 4 according to a post i saw. Please help or at least point me in right direction

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2 answers to this question

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Welcome to Hadit, you may want to try to read the CFR 38 part 4


It is what VA uses to rate all claims. It is a lot to read but it is a start. If the site does not open, just close the site and try it again. It does work but it likes to be difficult at times. I won all my claims just reading the CFR 38 Part 4 but I still have claims pending. I did have some help from a few service officers but decided to work on the rest of my claims myself. You can always get a service officer to help you file your claims or you can get the help and direction you need from Hadit.com

If you can get a statement from your doctor that states that your knee injury cause your back problems then you can file a claim for back condition secondary to your already service connected knee condition. The doctor must review your military records and private records then write a statement that she or he has reviewed your military and private records and it is her or his medical opinion that your knee condition most likely caused your back condition. You must also have a current diagnosis of your back condition.

Others will chime in.

Edited by pete992

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The info is on page 100 of their 2009 Edition of the VBM.

There is a copyright consideration with Lexis Nexis and NVLSP. I checked with the NVLSP lawyers and they said I could certainly refers to parts of the VBM etc but cannot copy significant parts of the book here.

The reg you mentioned is within 38 USC 1110- 1131,and 38 CFR3.303 to 3.309(with a note to 3.3`3 B if the claim regards AO NHL).

I have notes here for a tentative SVR radio show on this subject. I cant remember if we did a show on this yet or not but when I find those notes or any other info- I will post-

Then again the BVA reinterates these 5 principles often in many of their decisions.

Pete gave you good advise here-

Vioc Rehab-did the VA say at any point that Voc Rehab was not feasible for you and then discontinue it? If the VA states that any SC disability prevents a vet from participating in or continuing Voc Rehab ,then this can be used as evidence for TDIU at the 100% rate.

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