Service Conection

[schauba]

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?

[schauba]

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?

[timetowinarace]

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

[Testvet]

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.

[Guest Jim S.]

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)

[Testvet]

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......

[schauba]

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.