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Service Conection


schauba

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I was in iraq and suffered from chest pain and shortness of breath. When i went to sick call they treated me as muscle pain i told them that i think i have asmha. I am out of the military and i have asmha but they denied my service connection because of nothing in my medical records. What else can I do?

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  • HadIt.com Elder
I was in iraq and suffered from chest pain and shortness of breath. When i went to sick call they treated me as muscle pain i told them that i think i have asmha. I am out of the military and i have asmha but they denied my service connection because of nothing in my medical records. What else can I do?

Welcome Home!! Your hadit signature says you're 40% combined ... is that a related medical condition???

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Welcome Home!! Your hadit signature says you're 40% combined ... is that a related medical condition???

Well 20% is for back 10%left knee 10%left elboy and 10% for allergies but instead of them giving me 50% they give me combined rating of 40%

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The answer is yes, But first you should get an IMO to support your having acquired asthma during service or that if you had it prior to service that it was agrivated by service. An expert in the field who has treated a lot of people and/or written medical papers on the subject, anything that helps to quantify his expertise.

Their is a little rule called presumption of sound condition. If you did not have or know you had asthma prior to enlistment and it was not noted on your enlistment physical, then the VA must prove that your condition exsisted before service and if it was, that it wasn't agrivated by service.

Evidence of occurance and treatment must have been within one year of discharge I believe and since they denied your claim, it is best that you notify them of your decision to appeal and appeal within one year of the date you were denied.

Just because their is no sign or record of symptoms and treatment during service doesn't mean that within the year of discharge you developed more severe symptoms that could be diagnosed and treated for.

Make sure you send your intent to appeal as soon as possible so you can get a SOC so you can see exactly why they denied your claim. Then you will have some idea on how best to proceed.

good luck

Jim S. B)

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Have you had a VA pulmonary exam Pulmonary function test? Was Asthma diagnosed within the first post service year?

well the va center here in temple texas doesn't have this. At first when i came back from iraq i was going to the va complaining of asthma and they just gave me medicane. I went to a civilian doctor and had two pulmnary function test done showing that i have asthma. When i was there the doctor told me that they probobly miss diagnosed me when i was in the army.

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  • HadIt.com Elder

If your SC allergies cause or aggravate your asthma, you could get an independent medical opinion that states "it is as likely as not" his asthma is caused or aggravated by his allergies.

See

§3.310 Proximate results, secondary conditions.

(a) General. Except as provided in §3.300( c), disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.

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'schauba' date='Jan 13 2006, 07:53 PM

I was in iraq and suffered from chest pain and shortness of breath.

Was this the first time you experienced these types of symptoms? If you had asthma before active duty , there is the question of aggravation of pre-service disability.

When i went to sick call they treated me as muscle pain

i told them that i think i have asmha.

What made you think you had asthma?

I am out of the military and i have asmha.

Have you been discharged from active duty? When were you discharged? When (dates) were you diagnosed with asthma? Was the diagnosis made by a medical doctor?

but they denied my service connection because of nothing in my medical records.

Was the sick-call noted in your medical records?

What else can I do?

I gotta tell you, I do not understand VA Math, so others will have to comment on your combined rating.

What stands out in my mind is your post-service diagnosis of Asthma. If it was within the first year of discharge, SC should be easy to do. Do you think your service-connected allergies are related/linked to your Asthma?

There's a lot more you can do to help yourself, but if you want our help, we gotta have a little more information. Are you working with a service officer? Not too helpful, some of them. ~Wings

§3.303 Principles relating to service connection.

(a) General. Service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein. This may be accomplished by affirmatively showing inception or aggravation during service or through the application of statutory presumptions. Each disabling condition shown by a veteran’s service records, or for which he seeks a service connection must be considered on the basis of the places, types and circumstances of his service as shown by service records, the official history of each organization in which he served, his medical records and all pertinent medical and lay evidence. Determinations as to service connection will be based on review of the entire evidence of record, with due consideration to the policy of the Department of Veterans Affairs to administer the law under a broad and liberal interpretation consistent with the facts in each individual case.

(B) Chronicity and continuity. With chronic disease shown as such in service (or within the presumptive period under §3.307) so as to permit a finding of service connection, subsequent manifestations of the same chronic disease at any later date, however remote, are service connected, unless clearly attributable to intercurrent causes. This rule does not mean that any manifestation of joint pain, any abnormality of heart action or heart sounds, any urinary findings of casts, or any cough, in service will permit service connection of arthritis, disease of the heart, nephritis, or pulmonary disease, first shown as a clearcut clinical entity, at some later date. For the showing of chronic disease in service there is required a combination of manifestations sufficient to identify the disease entity, and sufficient observation to establish chronicity at the time, as distinguished from merely isolated findings or a diagnosis including the word “Chronic.” When the disease identity is established (leprosy, tuberculosis, multiple sclerosis, etc.), there is no requirement of evidentiary showing of continuity. Continuity of symptomatology is required only where the condition noted during service (or in the presumptive period) is not, in fact, shown to be chronic or where the diagnosis of chronicity may be legitimately questioned. When the fact of chronicity in service is not adequately supported, then a showing of continuity after discharge is required to support the claim.

© Preservice disabilities noted in service. There are medical principles so universally recognized as to constitute fact (clear and unmistakable proof ), and when in accordance with these principles existence of a disability prior to service is established, no additional or confirmatory evidence is necessary. Consequently with notation or discovery during service of such residual conditions (scars; fibrosis of the lungs; atrophies following disease of the central or peripheral nervous system; healed fractures; absent, displaced or resected parts of organs; supernumerary parts; congenital malformations or hemorrhoidal tags or tabs, etc.) with no evidence of the pertinent antecedent active disease or injury during service the conclusion must be that they preexisted service. Similarly, manifestation of lesions or symptoms of chronic disease from date of enlistment, or so close thereto that the disease could not have originated in so short a period will establish preservice existence thereof. Conditions of an infectious nature are to be considered with regard to the circumstances of the infection and if manifested in less than the respective incubation periods after reporting for duty, they will be held to have preexisted service. In the field of mental disorders, personality disorders which are characterized by developmental defects or pathological trends in the personality structure manifested by a lifelong pattern of action or behavior, chronic psychoneurosis of long duration or other psychiatric symptomatology shown to have existed prior to service with the same manifestations during service, which were the basis of the service diagnosis will be accepted as showing preservice origin. Congenital or developmental defects, refractive error of the eye, personality disorders and mental deficiency as such are not diseases or injuries within the meaning of applicable legislation.

(d) Postservice initial diagnosis of disease. Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. Presumptive periods are not intended to limit service connection to diseases so diagnosed when the evidence warrants direct service connection. The presumptive provisions of the statute and Department of Veterans Affairs regulations implementing them are intended as liberalizations applicable when the evidence would not warrant service connection without their aid.

ok when i was young i suffered from asthma but when i got older it got better. When i joined the military they asked me do i have asthma because if you do you can't get into the army. I wanted to get into the army so bad that i said no. But towards the end of my tour my asthma started coming back with chest pain and shortness of breath and that is why i told them i have asthma. Yes the diagnosis was done by two different doctors and i asked them could they tell if i had asthma when i was younger and they said no.

I have the original sick call slip from iraq complaining of chest pain and shortness of breath.

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  • HadIt.com Elder
ok when i was young i suffered from asthma but when i got older it got better. When i joined the military they asked me do i have asthma because if you do you can't get into the army. I wanted to get into the army so bad that i said no. But towards the end of my tour my asthma started coming back with chest pain and shortness of breath and that is why i told them i have asthma. Yes the diagnosis was done by two different doctors and i asked them could they tell if i had asthma when i was younger and they said no.

I have the original sick call slip from iraq complaining of chest pain and shortness of breath.

You've got a tough case. If I were you, I would ask my personal doctor if my current service-connected allergies are the cause of/or aggravate my asthma. If so, I would file my VA claim under §3.310 Proximate results, secondary conditions.(a) General. Except as provided in §3.300 (c ), disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.

OTHERWISE, you are going to have to prove your asthma was aggravated by military service.

§3.306 Aggravation of preservice disability.

(a) General. A preexisting injury or disease will be considered to have been aggravated by active military, naval, or air service, where there is an increase in disability during such service, unless there is a specific finding that the increase in disability is due to the natural progress of the disease. (Authority: 38 U.S.C. 1153)

(b) Wartime service; peacetime service after December 31, 1946. Clear and unmistakable evidence (obvious or manifest) is required to rebut the presumption of aggravation where the preservice disability underwent an increase in severity during service. This includes medical facts and principles which may be considered to determine whether the increase is due to the natural progress of the condition. Aggravation may not be conceded where the disability underwent no increase in severity during service on the basis of all the evidence of record pertaining to the manifestations of the disability prior to, during and subsequent to service.

(1) The usual effects of medical and surgical treatment in service, having the effect of ameliorating disease or other conditions incurred before enlistment, including postoperative scars, absent or poorly functioning parts or organs, will not be considered service connected unless the disease or injury is otherwise aggravated by service.

(2) Due regard will be given the places, types, and circumstances of service and particular consideration will be accorded combat duty and other hardships of service. The development of symptomatic manifestations of a preexisting disease or injury during or proximately following action with the enemy or following a status as a prisoner of war will establish aggravation of a disability. (Authority: 38 U.S.C. 1154)

( c) Peacetime service prior to December 7, 1941. The specific finding requirement that an increase in disability is due to the natural progress of the condition will be met when the available evidence of a nature generally acceptable as competent shows that the increase in severity of a disease or injury or acceleration in progress was that normally to be expected by reason of the inherent character of the condition, aside from any extraneous or contributing cause or influence peculiar to military service. Consideration will be given to the circumstances, conditions, and hardships of service.

Edited by Wings (see edit history)
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[Federal Register: November 7, 2002 (Volume 67, Number 216)]

[Rules and Regulations]

[Page 67792-67793]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr07no02-7]

=======================================================================

-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AL20

Service Connection by Presumption of Aggravation of a Chronic

Preexisting Disease

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends the Department of Veterans Affairs (VA)

adjudication regulations concerning presumptive service connection to

reflect a statutory presumption that a chronic disease that preexisted

the veteran's entry into military service but was first manifest to a

10-percent degree of disability within a specified period after service

was aggravated by the veteran's military service. This amendment is

necessary to make the regulations conform with the statute and the

Court's decision.

DATES: Effective Date: November 7, 2002.

FOR FURTHER INFORMATION CONTACT: John Bisset, Jr., Consultant,

Regulations Staff, Compensation and Pension Service, Veterans Benefits

Administration, 810 Vermont Avenue, NW., Washington, DC 20420,

telephone (202) 273-7213.

SUPPLEMENTARY INFORMATION: Section 1112(a), 38 U.S.C., states that, ``a

chronic disease becoming manifest to a degree of 10 percent or more

within one year from the date of separation from such service * * *

shall be considered to have been incurred in or aggravated by such

service, notwithstanding there is no record of evidence of such disease

during the period of service.''

In the VA General Counsel Precedent Opinion 14-98 (VAOPGCPREC 14-98

(October 2, 1998)), the General Counsel held that Section 1112(a) of

title 38, United States Code, does not establish a presumption of

aggravation for a chronic disease that existed prior to service but

first became manifest to a compensable degree within the presumptive

period following service.

In Splane v. West, 216 F. 3d 1058 (2000), the United States Court

of Appeals for the Federal Circuit concluded, among other things, that

the General Counsel's interpretation of 38 U.S.C. 1112(a) was not in

accordance with law and was therefore in excess of statutory authority.

The Court held that 38 U.S.C. 1112(a) establishes not only a

presumption of service incurrence for chronic diseases first manifest

after service, but also a presumption of aggravation for chronic

diseases that existed prior to service but first became manifest to a

degree of disability of 10 percent or more within the presumption

period after service. The Court vacated that portion of the General

Counsel Precedent Opinion which interpreted 38 U.S.C. 1112(a).

VA regulations currently prohibit establishing service connection

for aggravation of a preexisting chronic disease that first becomes

manifest to a degree of 10 percent or more following discharge from

military service. This prohibition is inconsistent with the statute as

interpreted by the United States Court of Appeals for the Federal

Circuit. Therefore, we are amending 38 CFR 3.307(a), ©, (d), and

3.309(a), to conform to the plain language of the statute and the

conclusions of the Court.

Presently, 38 CFR 3.307(a), ©, and (d) provide only for a

presumption of service incurrence. Accordingly, it is necessary to

revise those paragraphs to include a presumption of aggravation.

38 CFR 3.307(d) currently states the factors to be considered in

determining whether the presumption of service incurrence has been

rebutted. The current regulation is based on the invalid conclusion

that the presumption is one of service incurrence only. This provision

is inconsistent with Splane because Splane establishes that 38 U.S.C.

1112(a) includes a presumption of aggravation of pre-existing diseases

that were not incurred in service. Accordingly, it is necessary to

revise 38 CFR 3.307(d) to state separately the criteria for rebutting

the presumption of service incurrence (in cases where the chronic

disease did not exist prior to service) and the criteria for rebutting

the presumption of aggravation (in cases where the chronic disease did

exist prior to service).

A current VA regulation, 38 CFR 3.306(a), provides that a

presumption of aggravation based on an increase in the severity of a

preexisting condition during service may be rebutted by evidence that

the increase was due to

[[Page 67793]]

the natural progress of the disease. Additionally, section 1113(a) of

title 38, United States Code, indicates that a presumption of service

connection based on manifestations of disability subsequent to service

may be rebutted by affirmative evidence to the contrary or evidence to

establish that such disability is due to an intercurrent disease or

injury suffered after separation from service. We are revising Sec.

3.307(d) to reflect these principles. Although Splane did not discuss

the criteria for rebutting the presumption of aggravation, we believe

that inclusion of these rebuttal standards is necessary to the

implementation of that decision.

Administrative Procedure Act

Changes made by this final rule merely reflect the statutory

requirements or the decision of the United States Court of Appeals for

the Federal Circuit. Accordingly, there is a basis for dispensing with

prior notice and comment and delayed effective date provisions of 5

U.S.C. 552 and 553.

Unfunded Mandates

The Unfunded Mandates Reform Act requires, at 2 U.S.C. 1532, that

agencies prepare an assessment of anticipated costs and benefits before

developing any rule that may result in an expenditure by State, local,

or tribal governments, in the aggregate, or by the private sector of

$100 million or more in any given year. This rule would have no

consequential effect on State, local, or tribal governments.

Paperwork Reduction Act

This document contains no provisions constituting a collection of

information under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Executive Order 12866

This document has been reviewed by the Office of Management and

Budget under Executive Order 12866.

Regulatory Flexibility Act

The Secretary hereby certifies that this final rule will not have a

significant economic impact on a substantial number of small entities

as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-

612. This amendment would not directly affect any small entities. Only

individuals could be directly affected. Therefore, pursuant to 5 U.S.C.

605(B), this final rule is exempt from the initial and final regulatory

flexibility analyses requirements of sections 603 and 604.

Catalog of Federal Domestic Assistance

The Catalog of Federal Domestic Assistance program numbers are

64.109 and 64.110.

List of Subjects in 38 CFR Part 3

Administrative practice and procedure, Claims, Disability benefits,

Individuals with disabilities, Pensions, Veterans.

Approved: September 9, 2002.

Anthony J. Principi,

Secretary of Veterans Affairs.

For the reasons set forth in the preamble, the Department of

Veterans Affairs amends 38 CFR part 3 as follows:

PART 3--ADJUDICATION

Subpart A--Pension, Compensation, and Dependency and Indemnity

Compensation

1. The authority citation for part 3, subpart A continues to read

as follows:

Authority: 38 U.S.C. 501(a), unless otherwise noted.

2. Section 3.307 is amended by:

A. In paragraph (a) introductory text, removing ``incurred in'' and

adding, in its place, ``incurred in or aggravated by''.

B. In paragraph ©, removing the last sentence ``The consideration

of service incurrence provided for chronic diseases will not be

interpreted to permit any presumption as to aggravation of a preservice

disease or injury after discharge.''.

C. Revising paragraph (d) and the authority citation at the end of

the section.

The revision reads as follows:

Sec. 3.307 Presumptive service connection for chronic, tropical or

prisoner-of-war related disease, or disease associated with exposure to

certain herbicide agents; wartime and service on or after January 1,

1947.

* * * * *

(d) Rebuttal of service incurrence or aggravation. (1) Evidence

which may be considered in rebuttal of service incurrence of a disease

listed in Sec. 3.309 will be any evidence of a nature usually accepted

as competent to indicate the time of existence or inception of disease,

and medical judgment will be exercised in making determinations

relative to the effect of intercurrent injury or disease. The

expression ``affirmative evidence to the contrary'' will not be taken

to require a conclusive showing, but such showing as would, in sound

medical reasoning and in the consideration of all evidence of record,

support a conclusion that the disease was not incurred in service. As

to tropical diseases the fact that the veteran had no service in a

locality having a high incidence of the disease may be considered as

evidence to rebut the presumption, as may residence during the period

in question in a region where the particular disease is endemic. The

known incubation periods of tropical diseases should be used as a

factor in rebuttal of presumptive service connection as showing

inception before or after service.

(2) The presumption of aggravation provided in this section may be

rebutted by affirmative evidence that the preexisting condition was not

aggravated by service, which may include affirmative evidence that any

increase in disability was due to an intercurrent disease or injury

suffered after separation from service or evidence sufficient, under

Sec. 3.306 of this part, to show that the increase in disability was

due to the natural progress of the preexisting condition.

(Authority: 38 U.S.C 1113 and 1153)

Sec. 3.309 [Amended]

3. Section 3.309(a) is amended by removing ``incurred in'' and

adding, in its place, ``incurred in or aggravated by''.

[FR Doc. 02-28267 Filed 11-6-02; 8:45 am]

BILLING CODE 8320-01-P

ok i exited the military june 2004 i went to the va on april 13 2005 telling them to give me some medicine for asthma which they did. That information is documented in the va log file. My allegies have gotton worse also my asthma.

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  • HadIt.com Elder

Were you in combat in Iraq? If you have a purple heart or combat award it will make your claim a ot easier to win. Your best bet either way is to get a Medical Opinion that will state that your ashma was aggravated by your service in Iraq.

Good luck and welcome to Hadit.

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Were you in combat in Iraq? If you have a purple heart or combat award it will make your claim a ot easier to win. Your best bet either way is to get a Medical Opinion that will state that your ashma was aggravated by your service in Iraq.

Good luck and welcome to Hadit.

well my unit was in iraq 1 year i did 8months. I got back to rear to ets so i didn't get any combat awards. I didn't get a purple heart that is for sure. I am sure that i am entitled to some awards but i am not sure which.

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  • HadIt.com Elder

I don't think any combat awards will help with an asthma case, they tend to have more credence for PTSD, the fact that he was treated within one year of discharge should be the deciding factor, the fact that the symptoms manifested themselves within the one year of ETS. I think that should be the focus on his NOD, not that the fact he sought treatment in Iraq, did you keep your copy of medical records where you sought treatment in Iraq? I did not know they were letting people out at ETS time from Iraq, I have read where they were stop lossing people to enable them to do the entire tours. Is your discharge honorable? If it isn't you don't have to tell us, but if it is less than honorable that will be another reason they deny SC, I would stick with the argument that it manifested itself within the authorized time frame. But knowingly concealing a medical condition to get into service can be charged with making a false statement on a government document, punishable by a 10,000 dollar fine and a five year prison term I do believe. Martha Stewart went to jail for lying to a government agent, and she didn't even put it in writing.

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I don't think any combat awards will help with an asthma case, they tend to have more credence for PTSD, the fact that he was treated within one year of discharge should be the deciding factor, the fact that the symptoms manifested themselves within the one year of ETS. I think that should be the focus on his NOD, not that the fact he sought treatment in Iraq, did you keep your copy of medical records where you sought treatment in Iraq? I did not know they were letting people out at ETS time from Iraq, I have read where they were stop lossing people to enable them to do the entire tours. Is your discharge honorable? If it isn't you don't have to tell us, but if it is less than honorable that will be another reason they deny SC, I would stick with the argument that it manifested itself within the authorized time frame. But knowingly concealing a medical condition to get into service can be charged with making a false statement on a government document, punishable by a 10,000 dollar fine and a five year prison term I do believe. Martha Stewart went to jail for lying to a government agent, and she didn't even put it in writing.

when i joined the army the first time i was 19 and i wanted in so bad i am sure you understand what i did was wrong. I went into the army in 1992 got out in 1998 and came back in 1999 and got out in 2004. When i was in iraq i was an e-5 but got a field grade article 15 so that put me at a non promotable e-4 so i can only do 10 years before they rcp you which is what they did to me. I got out under honorable conditions. When i came back in the second time they didn't ask me my medical conditions so i was just happy to be back in. Oh what is NOD mean?

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Well, allrighty then. You want paid for something that the Army wouldn't have let you in with? No wonder Veterans can't get claims approved. Thanks for holding up my claim.

Time

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  • HadIt.com Elder

I am going to take this opportunity to point out a few facts 1: Hadit is not a place to help fraudulent claims get approved and thru the system, we are here to help veterans with LEGITIMATE claims navigate their way thru a complicated and adversarial claims process, 2: the VA monitors all the veteran help sites, so don't be surprised when a copy of your post about having asthma as a child shows up in your claim folder, 3: that constitutes knowingly making false statements to obtain benefits you know you are not entitled to, they can and do prosecute, 3: nothing on the web is anonymous, if they could track the idiot down in the phillipinnes that wrote the "love" virus about 4 years ago, finding a vete in the US is a piece of cake, as far as US understanding that you lied so you could get in, we might be able to understand it if you were not now attempting to use that lie to obtain monetary benefits you have no right to, you took your chances now live with that choice.

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It's not a question if he lied out right or by ommision, It's more a question of whether or not his condition became worse as a result of service. I had occasion to suffer from sinusitis before intering service, but because of a fractured nasal bone, I now suffer from Chonic sinusitis and a deviated septum that effects both sides, left more than the right. I can show that my condition was not nearly as bad as it is now and that the fracture to my nasal bone made my condition worse over time.

The same will apply to any Veteran. If the VA believes or that your condition was pre-existing, then you will have to show how service made it worse, either by direct evidence and/or by an IMO to support your belief. Also it must be shown that your asthma hasn't just gotten worse as a result of the natural course of the disease.

By the way, some might say that my CUE claim isn't worth submitting, given the 25-31 years since my last claim was denied. It would certainly take up some time to process and adjudicate the claim and certainly by it's mear presence probably delay someones if not everyones claim coming after mine. But it is my belief in my claim that keeps me going and not that someone thinks I am taking precious time away from their claim that I will continue with my claim until I have won.

We do not determine who has a legitament claim before we offer our help, nor do we judge whether the claim itself is worthy of our support. Any question asked here we have to take on faith and give our best to help answer them. Others with similiar claims may benefit from the answers or help we give, not just the person who presents the question.

So please be a little more open minded. you do not need to answer or help if you do not want to, nor should you presume to suggest we not help anyone who even if they appear to be less worthy of our help than others. Usually time will take care of those who are trying to get something for nothing. They usually do not stick around long nor do they seem to have the patients to follow through with the claims process, because of how long it seems to take, even in legitament claims.

Hang in their if you have the faith your claim is worth winning, otherwise without it, your claim is doomed in the long run.

Jim S. B)

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  • HadIt.com Elder

I'm as open minded as I am going to get, the man said he left the fact off his medical history because ne KNEW they would not let him in, now he wants to claim compensation for it, if he had told the TRUTH to start with this conversation wouldn't even be happening, what part of that do you not understand, if Hadit is going to become a place to help veterans advance fraudulent claims knowingly then I quit.....I am not going to help commit fraud......

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I'm as open minded as I am going to get, the man said he left the fact off his medical history because ne KNEW they would not let him in, now he wants to claim compensation for it, if he had told the TRUTH to start with this conversation wouldn't even be happening, what part of that do you not understand, if Hadit is going to become a place to help veterans advance fraudulent claims knowingly then I quit.....I am not going to help commit fraud......

You are right what i did is bad thanks for help.

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  • HadIt.com Elder

Has it been more than a year since you got out of the service. I had the same problem with TMJ. They did not diagnosis it in the army even though I was examined for it. If there is nothing in your medical records you are going to have a problem.

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Guest Namvet6567

Sorry Mike, I disagree here but you are free not to assist. I prefer to let the VA make the decision. Helping someone with their claim would not be assisting a fraud, unless you advised them to lie. Additionally, Shauba would have two discharges which could free him from his youthful error. I recommend he prosecute the claim. Besides he may have believed he was cured of his youthful asthma, at the time, as his symptoms had subsided or deceased. Who are we to judge?????????????

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