Jump to content
VA Disability Community via Hadit.com

Ask Your VA   Claims Questions | Read Current Posts 
Read Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Service Conection

Rate this question


schauba

Question

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?

Link to comment
Share on other sites

  • Answers 78
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

Schauba,

The information I have given you is good, it's what you do with it that matters!

At the time of your enlistment, the DoD standards for enlistment were probably most nearly the same as they are today. Do the research. The military HAS relaxed some standards for Asthma as well as ADD (attention deficit disorder), BUT the fact remains that reporting your medical condition at enlistment is a legal requirement.

If you had ACTIVE or CHRONIC Asthma at the time of enlistment, it was your responsibility to report that medical condition.

You said that in 10 years of military service, you were treated ONCE, in the field, for Asthma related symptoms (chest pain). You were discharged from the Army with NO diagnosis of Asthma.

You would need medical evidence of diagnosis and treatment for Ashtma while active duty to show that Asthma was incurred while active duty. Otherwise, the VA will simply say: SMR's (service medical records) do not show Asthma.

If you claim that the Army aggravated your Asthma, then you will need to show medical evidence of pre-existing childhood asthma - and than explain why you ommited these facts to gain enlistment status!

Your ONLY valid claim, that I can see, is to gather medical evidence that would show CURRENT Asthma is related or secondary to your SC (service-connected) medical conditions.

If your childhood Asthma was in full remission at the time of enlistment (so says your Mother), then gather your childhood medical records, gather your SMR's, gather your current medical records - - and get a medical doctor to state as much! Tell the VA exactly what you have told us. Show the VA the DoD induction regulations and argue your case.

I stuck my neck out and gave you the Benefit of the Doubt. I would do that for any veteran. You say you served 10 years in the Army and were discharged Honorably. In my opinion, you have earned your VA benefits, use them wisely!

Added to this thread, and in other discussions at the board, you seem to be reporting a HOST of other medical conditions: Prozac for mental health issues, snoring, sleep apnea, etc. I see that you are asking board members to explain how they got to 100%. It is time now for you to take an solid inventory of your medical problems and be pro-active in getting help and claiming those conditions which are related to military service. It doesn't matter if the help comes from VA doctors or private doctors: most of us have used both!

Your DAV Service Representative should sit you down and explain the ABC's of filing a VA Claim.

You served in the Iraq war. You say you were in a rear detachment and did not see combat; however, you are a combat veteran in that you served in the field during a time of war. You should research current regulations to gain the benefits you have earned. Combat veterans returning from the war have 2 years of free medical treatment for any medical condition. During this time, and with assistance, you need to determine which of your medical conditions are the result of active duty service.

There is no time limit on filing a claim! Using Agent Orange as an example: if you learn 5, 10, 20 years down the road that the Iraq War exposed you to chemical agents that later caused problems, then you can file a claim. This is why I suggested you get on the Registry. Talk with other Iraq veterans and keep up with the news!

You served 10 years Honorably. Be proud of who you are! Don't do anything that would bring discredit to yourself. Your Honor and your Word is solemn - - and, in the end, one of the most abiding treasures.

God Bless.

Link to comment
Share on other sites

Guest Namvet6567

File the claim!!!!! You deserve it!!!! Don't let timetowinarace get you down. I don't think you lied - as far as you knew, you were cured and what you mother said was heresay. No actual record of a definitive diagnosis. Get 'er done!!!!!!!!!!!!!!!!!!!!!!

Link to comment
Share on other sites

Schauba,

The information I have given you is good, it's what you do with it that matters!

At the time of your enlistment, the DoD standards for enlistment were probably most nearly the same as they are today. Do the research. The military HAS relaxed some standards for Asthma as well as ADD (attention deficit disorder), BUT the fact remains that reporting your medical condition at enlistment is a legal requirement.

If you had ACTIVE or CHRONIC Asthma at the time of enlistment, it was your responsibility to report that medical condition.

You said that in 10 years of military service, you were treated ONCE, in the field, for Asthma related symptoms (chest pain). You were discharged from the Army with NO diagnosis of Asthma.

You would need medical evidence of diagnosis and treatment for Ashtma while active duty to show that Asthma was incurred while active duty. Otherwise, the VA will simply say: SMR's (service medical records) do not show Asthma.

If you claim that the Army aggravated your Asthma, then you will need to show medical evidence of pre-existing childhood asthma - and than explain why you ommited these facts to gain enlistment status!

Your ONLY valid claim, that I can see, is to gather medical evidence that would show CURRENT Asthma is related or secondary to your SC (service-connected) medical conditions.

If your childhood Asthma was in full remission at the time of enlistment (so says your Mother), then gather your childhood medical records, gather your SMR's, gather your current medical records - - and get a medical doctor to state as much! Tell the VA exactly what you have told us. Show the VA the DoD induction regulations and argue your case.

I stuck my neck out and gave you the Benefit of the Doubt. I would do that for any veteran. You say you served 10 years in the Army and were discharged Honorably. In my opinion, you have earned your VA benefits, use them wisely!

Added to this thread, and in other discussions at the board, you seem to be reporting a HOST of other medical conditions: Prozac for mental health issues, snoring, sleep apnea, etc. I see that you are asking board members to explain how they got to 100%. It is time now for you to take an solid inventory of your medical problems and be pro-active in getting help and claiming those conditions which are related to military service. It doesn't matter if the help comes from VA doctors or private doctors: most of us have used both!

Your DAV Service Representative should sit you down and explain the ABC's of filing a VA Claim.

You served in the Iraq war. You say you were in a rear detachment and did not see combat; however, you are a combat veteran in that you served in the field during a time of war. You should research current regulations to gain the benefits you have earned. Combat veterans returning from the war have 2 years of free medical treatment for any medical condition. During this time, and with assistance, you need to determine which of your medical conditions are the result of active duty service.

There is no time limit on filing a claim! Using Agent Orange as an example: if you learn 5, 10, 20 years down the road that the Iraq War exposed you to chemical agents that later caused problems, then you can file a claim. This is why I suggested you get on the Registry. Talk with other Iraq veterans and keep up with the news!

You served 10 years Honorably. Be proud of who you are! Don't do anything that would bring discredit to yourself. Your Honor and your Word is solemn - - and, in the end, one of the most abiding treasures.

God Bless.

I went over to iraq and that is when i started suffering the chest pain. I came back early because of ets. You know it is a tuff decision to make. I went to fort drum and never had a problem with astma. It is a tough decision i think it would be better not to file a claim for asthma.

Link to comment
Share on other sites

  • HadIt.com Elder
I went over to iraq and that is when i started suffering the chest pain. I came back early because of ets. You know it is a tuff decision to make. I went to fort drum and never had a problem with astma. It is a tough decision i think it would be better not to file a claim for asthma.

Most VA Claims are "tuff", even under ideal conditions. You must decide: Am I sick now because of something that happened while active? If so, trust your instincts, follow your hunches, go see medical providers, gather evidence. If you do not have enough evidence now to prove your claim, the VA is required by law to tell you what you need to prove your claim. You can always appeal the VA's first decision, gather evidence and apply again! You can always re-open your case years later with new and material evidence.

Ultimately, the choice is yours to fight - or not. Others can assist, give direction or point to strengths and weaknesses in your claim - but the fight must come from you. This is a hard fight against the VA for disabled veterans. Sometimes the cost is great: family and friends don't understand and you feel alone - so we gather together here to ease the burden. Each man or woman must carry their own rucksack, but we carry them together.

Think about it for awhile. You have a year to appeal their 1st denial of SC, after that you can only re-open with new eveidence. ~Wings

Link to comment
Share on other sites

Most VA Claims are "tuff", even under ideal conditions. You must decide: Am I sick now because of something that happened while active? If so, trust your instincts, follow your hunches, go see medical providers, gather evidence. If you do not have enough evidence now to prove your claim, the VA is required by law to tell you what you need to prove your claim. You can always appeal the VA's first decision, gather evidence and apply again! You can always re-open your case years later with new and material evidence.

Ultimately, the choice is yours to fight - or not. Others can assist, give direction or point to strengths and weaknesses in your claim - but the fight must come from you. This is a hard fight against the VA for disabled veterans. Sometimes the cost is great: family and friends don't understand and you feel alone - so we gather together here to ease the burden. Each man or woman must carry their own rucksack, but we carry them together.

Think about it for awhile. You have a year to appeal their 1st denial of SC, after that you can only re-open with new eveidence. ~Wings

well when i entered into the military there was a question do you have asthma well of course i checked no. At that time i believed that i didn't have it. They always said you will outgrow it so this was what i was thinking. It is like he said i had a child hood asthma and i should have told them. Then they could have so oh ok, let us test you to see if you have it now. That would have been the right thing to do, but what i did was wrong. Yeah i served our country but filling a false claim would be wrong.

Link to comment
Share on other sites

Guest Namvet6567

File the claim!!!!!! You didn't lie. The question was "do you have asthma?" You were cured as far as you were concerned. You hadn't had any breathing problems in 10 yrs. I'd file!! I don't think you are commiting faud and if you feel you are, ask an attorney. JMHO

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use