Help If Disablity Or Death Occurs Within 1 Yr

[Testvet]

and it can be linked to service where in what manual does it state within a 12 month period after discharge from active duty? A widow is having trouble with the VA and I know the rule exists because my stroke happened within a year of discharge and it should be SC I am justhaving a brain fart right now and don't know where in which manual it states the one year rule thanks Mike hope everyone had a good Thanksgiving

[john999]

I know that if you file within one year of discharge it is considered differently than if you wait ten years. I filed for my mental condition within a year of discharge and got 10%. If I had waited I would have been denied. I know that.

[carlie]

Testvet,

See 38 CFR 3.400 (2).

http://edocket.access.gpo.gov/cfr_2008/jul.../38cfr3.400.pdf

Hope this helps a vet.

carlie

[Berta]

Do you mean the regs for certain chronic conditions Mike?

"a chronic disease becoming manifest to a degree of 10 percent or more within one year from the date of separation from service"

can be service connected. (38 USC 1112(a) and 38 CFR 3.307

(Fortuck V Principi)

I would think a service connect death award could be made under this reg as well.

(if the condition causing or contributing to death was manifested at 10% during first year after service.

However this presumptive direct SC regulation only applies to those conditions that are listed within 38 USc 1101 or 38 CFR 3.309.

[Testvet]

thanks all Berta came up with the same answer I found I have been down since the day I posted it sick and me get bad lol no I had a widow of an Air Force Major ask me and I couldn't think of it, then I went to the CFRs 3.309 led me to 3.307 her husband had a brain tumor and died within a year of return from Iraq so he fits the bill and she should win but we all know how they play