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Can You Make New Claims Within One Year After Discharge/retirement?

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pilgrim01

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pilgrim01 Community Regular

pilgrim01

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I heard that you can make claims within one year after discharge/retirement even if you were not seen for the injury while in service. :) Is that a true statement? Also, what is the "presumptive period"? Thanks!

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john999 Grand Master

john999

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That would be a double YES. During the first year after discharge you are considered to be in almost the same category as active duty. It is much easier to get things SC'ed during first year after discharge. Especially, any mental disorder.

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pilgrim01 Community Regular

pilgrim01

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That would be a double YES. During the first year after discharge you are considered to be in almost the same category as active duty. It is much easier to get things SC'ed during first year after discharge. Especially, any mental disorder.

Thanks, john999.

I am feeling better and better about my "possible" reconsideration results/award with new evidence. It happened while in service (numbness/tinglng down right leg going to foot). My doc, at the time, ordered no x-rays or mri's. He put me on Neurontin and sent me home. 3 months after retiring, I had another episode. My new doc immediately ordered x-rays/mri's. Bam! Back problems and nerve damage was the cause of the numbness and tingling down right leg to right foot. This was going on while my initial claim was at the VARO. They denied me for the numbness/tingling not knowing my recent diagnosis with the x-rays and mris. Only thing is that I was never seen for "back problems" while in service. The doctor did right a note with my reconsideration stating that my current back problems and nerve damage is consistent with the problems with the numbness and tingling in my right leg down to my right foot that started in July 2006 while in service. I pray they grant me an award. The X-rays and MRI's don't lie.

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Phoenix

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Back problems... Here is what I know about them and the VA. I have a herniated disk L5-S1 that was operated on while in the military. The VA rating doesn't take into account pain or numbness from the back injury if it radiates from that injury. They only care about range of motion and will declare everything else as transitory pain from the back injury. If you can bend forward and backward past a certain range, you will get nothing. Now if your nerve damage is causing your pain becase of piriformis muscle being clenched around the nerve, I believe that's another 10%. Keep in mind, VA calculations may not get you to 50%.

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pilgrim01 Community Regular

pilgrim01

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I've also seen that the VA is a very different animal because you and I can have the exact same injury and I may get 30% from my VARO and you my get denied from your VARO. I just don't get it. I currently have a co-worker that just went through that.

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john999 Grand Master

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If you back is really bad you may get 40%. The way to drive up your overall rating is to then put in a claim for depression due to chronic pain as secondary to the back injury. If you are taking pain meds all the time that would make anyone depressed not to mention the limitations on your life.

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