Entitlement To Service Connection Due To:

[lu12]

Entitlement to service Connection effective date; Applicable regulations provide that a report of a VA examination will be accepted as an informal claim for benefits if the report relates to a disability which may establish entitlement to compensation benefits. 38 C.F.R. § 3.157(a).

can any one explain this regulation?

lu12

[jbasser]

If you go to the VA for an appointment and the Docs examination report refers to a disease or ailment that you incurred in service. The Effective dats should be from the date of the actual exam, unless yopu are inside the presumptive period that takes it back to discharge. Inferred claim. In laymens terms. The VA knows about your disease but is not willing to grant SC until you file for it.

[Veteran Advocate]

Entitlement to service Connection effective date; Applicable regulations provide that a report of a VA examination will be accepted as an informal claim for benefits if the report relates to a disability which may establish entitlement to compensation benefits. 38 C.F.R. § 3.157(a).

can any one explain this regulation?

lu12

Lu 12,

One example of this is, The VBA and the VAH is two different houses, however the VAH does send the VBA inpatient reports of patients that stay there over a certain number of days. When the VBA receives the report, they have a responsibility to “infer” and “adjudicate” a claim if they can relate the medical condition to an already service connected condition or the veteran’s service medical file. This VBA intervention could prove to be invaluable to persons who are diagnosed with a terminal illness as well as there spouse if that person was to expire.

Also the report could be harmful to persons on pension because an extended hospital stay will reduce their benefits, so they look at that too.

I recommend that if anyone is in the hospital for more than 10 days, they should request a copy of their treatment records since admission and review them for possible disability claims of increases. If they are unable to do it by themselves, they should find someone knowledgeable to assist them with the review of the medial records and there VBA file.

In the same case if a veteran goes to a C&P Exam, the report of results do end up in their C-File. If the doctor during the C&P Exam for a right knee increase states that the persons recent fall, that injured his left elbow was more than likely due to his right knee condition, the VBA should "infer" and "adjudicate" a claim for a left elbow condition to be claimed as secondary to the persons serivce connected right knee condition without the need for the vetran to file the calim themselves.

Veteran Advocate

[lu12]

If you go to the VA for an appointment and the Docs examination report refers to a disease or ailment that you incurred in service. The Effective dats should be from the date of the actual exam, unless yopu are inside the presumptive period that takes it back to discharge. Inferred claim. In laymens terms. The VA knows about your disease but is not willing to grant SC until you file for it.

If my GI and PSY sced conditions were documented since the PP, but warranted sc in 1998 that means that I can claim that the EEd should be the dates related to the medical tx. from the PP?

THANK YOU, 'jbaseer'

lu12

[lu12]

Vet Adb,

Then again my point is that the Examiner documented the anxiety and other conditions at the subjective and history section of the c&p report would the regulation may apply to this situation.

Lu12

[Veteran Advocate]

Vet Adb,

Then again my point is that the Examiner documented the anxiety and other conditions at the subjective and history section of the c&p report would the regulation may apply to this situation.

Lu12

Lu 12,

Just having a medical condition noted under the "Medical History" heading will not help you. It has to be noted in the results somehow or in the form of an opinion by the examiner for it to help. A rationale for his opinion is also helpful to intitate the claim. His statment has to somehow form a "NEXUS" or a relationship between the condition and serivce or a service connected condition.

Veteran Advocate

[carlie]

Vet Adb,

Then again my point is that the Examiner documented the anxiety and other conditions at the subjective and history section of the c&p report would the regulation may apply to this situation.

Lu12

Subjective is very rarely weighed as evidence.

History - UNLESS THE DOC RELATES IT TO SMR's and/or Medical Evidence of XXX

treatment and condition, is very rarely weighed as evidence.

jmho,

carlie