Date Twist...discharge Vs Discharge Physical

[jim n ok]

i just got my official notice where i was granted some and denied a few. the denial states " at dischrge physical,no illness or injury was noted 1 january ,1977". that may be true ,but i was actually discharged 90 days after that physical. is this normal ,what covers both parties,me and them.in that 90 days? is that 90 days covered by that jan 1977 statement?

[Pete53]

The date is important if you can show that something different happened in those 90.I was told when I was being discharged that I could be held over for 90 days if there was a problem.

For me to solve the problem I had I could not hear well I had to sign a waiver. When you are a short timer I would sign anything that would let me go home.

[halos2]

Pete 53, The problem on my discharge they wrote concerning my" back injury no seq no problem from injury dated "almost 3 months before actual date of my injury ,and yet all smr's show the real date, treatments, meds, pain radiating to legs, no improvements, wear corsette at all times...so what else can I do about this?? The date they used there was earlier and there was no other areas too et the front of the discharge physical is marked back trouble and wears a corsett or back brace and these areas were not marked on admission physical.

Yet they wrote on the reverse is typed a date they use to reference it before the injury occurred. The date they used was well before the actual injury date and in fact there was no sick call or clinic or hospital visits on my smr's at all for the date they used as a reference to deny my injury.

I even told them this in my personal hearing but it was not even in the transcripts I received over 7 mths later. In fact alot of what I said was not included in the transcript. It is at BVA since last summer.

Plus I told them one dr did my physical(one of my best friends worked for him, and I saw him for over 3 mths too), and yet another person signed the form and the dr who did the exam did not sign it!!

Also on both physicals they reference my previous polio...no probs noted.

The date is important if you can show that something different happened in those 90.I was told when I was being discharged that I could be held over for 90 days if there was a problem.

For me to solve the problem I had I could not hear well I had to sign a waiver. When you are a short timer I would sign anything that would let me go home.

Edited May 10, 2009 by halos2

[sixthscents]

Halo2,

I would do a specific addendum stating exactly ALL of this... a statement in support of claim, and send it foreward as well. Yes it could delay the decision even further, but I would make a certain that this error (or errors rather) was pointed out. Scan in the med records, and copy and paste the portions that apply to this into the document as well as attaching copies of all the medical reports that apply showing the previous date.

Further, the 90 days is covered, actually up to 1 year from discharge is covered if you can prove a nexus - which you obviously can. So I would not let that worry you. But I would absolutely do a statement in support of claim and foreward it to the BVA.

You can do this. You clearly know what you are doing, and are willing to work for it, so you can beat them on this, just dont give up! Good luck.

Bob Smith

Edited May 11, 2009 by sixthscents

[Hoppy]

jim n ok

If you had a medical problem during the 90 period after the discharge physical you need to find the treatment notes and make sure they have them. If they were submitted prior to the recent denial they should show as evidence considered.

If you had records and they show as evidence considered and they do not discuss this evidence then I would point out that they did not properly address all the evidence on appeal.

If you had a medical problem that was not treated or you can not get the revords that will make it very difficut to get service connected for the problems that happened after the discharge physical.

[deltaj]

The notation RAD according to V.A. stands for Released from active duty. This notation was stamped in large letters on the bottom of my husband's so-called discharge physical which was dated about one month prior to his discharge from the military. What a crooked tactic. Do a superficial physical on an injured veteran and then send him home for several weeks on leave.

[carlie]

jim n ok,

I ditto Hoppy's post.

Show some medical evidence of the injury, illness or disease during this 90 days

or the earliest medical evidence you have of this after your 90 day pre-discharge

physical.

jmho,

carlie