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

[pilgrim01]

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!

Edited May 19, 2009 by pilgrim01

[deltaj]

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%.

Has your medical team diagnosed that the numbness was neuropathy? If so, I suggest you immediately file a claim for service connection of neuropathy secondary to service connected herniated disk. Also have you been diagnosed with arthritis in the area of your service connected herniated disk? If so you may need to file a claim with V.A. for service connection of arthritis secondary to your service connected herniated disk.

[john999]

My problems back in the day were psychological. I filed a claim within one year of discharge. I was granted service connection back to the day after I was discharged. That is how it works if you file a claim within one year of discharge. My other problems have been due to agent orange which could not be back dated. Strange, I was poisoned during service but only when disease becomes manifest can you file on those AO things.

[pilgrim01]

Has your medical team diagnosed that the numbness was neuropathy? If so, I suggest you immediately file a claim for service connection of neuropathy secondary to service connected herniated disk. Also have you been diagnosed with arthritis in the area of your service connected herniated disk? If so you may need to file a claim with V.A. for service connection of arthritis secondary to your service connected herniated disk.

Delta,

I believe they said it was Radiculopathy and "Arthur" wasn't mentioned.

Edited June 22, 2009 by pilgrim01

[pilgrim01]

My problems back in the day were psychological. I filed a claim within one year of discharge. I was granted service connection back to the day after I was discharged. That is how it works if you file a claim within one year of discharge. My other problems have been due to agent orange which could not be back dated. Strange, I was poisoned during service but only when disease becomes manifest can you file on those AO things.

Thanks, for the reply, John, but I was wondering if you can file for an injury within one year after discharge/separation even though you were not seen for that injury while in service?

[carlie]

pilgrim,

YES.

carlie

[pilgrim01]

pilgrim,

YES.

carlie

Carlie,

Do you have personnel experience with that? Can you elaborate? Thanks!