Question On Rule Of Law If Any,

[Guest Jim S.]

It has always been a question in my mind, as to how the VA can rule an injury, that is clearly documented as having occured while in the service and having been the reason for the Veterans discharge, at the recommendation of a P.E. Board and/or Medical board, being released from service as unfit for further duty or medicaly discharged for same, whether it be rated as 0% or 100% disableing at time of discharge, should not have been found service connected.

Why then may the VA find the condition as not service connected, without first showing that the disease and/or injury having already been diagnosed and for which veteran was discharged for, was clearly and erroniously in error, before finding that the condition was not deserving of service connection?

Even injuries and diseases that are found to have occured prior to service are protected, if shown to have increased in severity because of and during service. Even a congenital disorder or defect may be found service connected if it's severity is as a result of a service connected disability and can be rule as one disorder.

All I am saying is, if a Veteran is discharge for medical or physical reasons that is listed as a disability within the laws that govern the VA, Why then must the VA say othewise without first finding that the diagnosis was CUE first. Why with out finding CUE in the diagnosis then, that all is left is for them to rate the disability as to its rate of severity for pension and/or compensation.

We all know from personal experience that diseases and injuries we recieved in service, may have been slight at the time but do to facters not contimplated at the time the disease and or injury for which we were discharged for may increase ti have a disabling efftect on our lives.

Should these diseases and injuries be rated as service connected, if only at 0% so that years down the road should these same injuries prove to cause increasing disabilities in our lives, could then be look at for increase, instead of have to prove a claim that should have been service connected, in the first place.

Sorry Guys and Gals, I'm in a misserable funk and I have a nasty Flu like bug I am fighting that makes for to much time for my mind to dwell on things I cannot change or understand.

Jim S. B)

[Guest fla_viking]

Dear Fellow Veterans & Friends.

You dont have to prove the military was the cause of your cancer. All you have to prove is you obtaiined cancer while in the military or one year from discharge. Proving the military was the cause of ones cancer means vets must become scientests and Dr's. Thats what the DOD and VA did to them on Agent orange and gulf war symdrom. After years of study of Gulf war syndrom. IT wos found the VA and DOD threathened the Dr's doing the research, The DOD and VA did not obtain all the information needed to make the years of study any use to any one and now all the Gulf war vets are denied claims and treatment because the VA is playing games with data.

Terry Higgins

[Jay Johnson]

Dear Fellow Veterans & Friends.

You dont have to prove the military was the cause of your cancer. All you have to prove is you obtaiined cancer while in the military or one year from discharge. Proving the military was the cause of ones cancer means vets must become scientests and Dr's. Thats what the DOD and VA did to them on Agent orange and gulf war symdrom. After years of study of Gulf war syndrom. IT wos found the VA and DOD threathened the Dr's doing the research, The DOD and VA did not obtain all the information needed to make the years of study any use to any one and now all the Gulf war vets are denied claims and treatment because the VA is playing games with data.

Terry Higgins

I must be misunderstanding the law then.....I was under the impression that one had to link a cause to the military and that simply being ill wasn't enough?

[wallyg]

It is necessary to establish a nexus in the case of injury, or if filing for an increase in a pre-service condition that was aggravated by military service.

As far as any didease that did not show on your induction physical, but was diagnosed in the military and/or within 12 months of discharge from the military, that is all the nexus that is required.

If you are filing for a disease after the 12 months expired, before it was diagnosed, then again you need to establish a nexus.

[Jay Johnson]

It is necessary to establish a nexus in the case of injury, or if filing for an increase in a pre-service condition that was aggravated by military service.

As far as any didease that did not show on your induction physical, but was diagnosed in the military and/or within 12 months of discharge from the military, that is all the nexus that is required.

If you are filing for a disease after the 12 months expired, before it was diagnosed, then again you need to establish a nexus.

I still don't understand what you mean? You need to establish a "nexus" to receive compensation and nexus, by definition, is a "link"...so, how then can one establish compensation without a link to the military? Accept for in extreme cases like AO and other chemical/biological agents, cancer is not th direct cause of military duty, so how can one establish a nexus for compensation for a disease the military, obviously, didn't cause? Obviously, I'm missing something:-)

[Guest Jim S.]

Although not a perfect system, it is presumed that upon enlistment and during your time in service, the service will take care of you in case you become ill or are injured during this time. It does have certain limitations and drawbacks, but when it is applied right, then the Veteran is cared for, even after service.

I don't know the history of the VA, but I imagine it was created to take care of Veterans to help take some of the burden off the military, so that they could have the means to take care of those still in. It may not be what history says, but I imagine it is one of the controlling facters that help bring about the developtment of the VA.

Jim S. :)

[john999]

Jim S

What happened to you could have happened to any of us. VA doctors changing a diagnosis happens and it happened to me more than once.