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Evidence Of A Prolonged Period Without Medical Complaint

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Domepeace

Question

I've seen and read cases that are denied because of:

"Evidence of a prolonged period without medical complaint and the amount of time that elapsed since military service, can be considered as evidence against a claim."

I would like to know any thoughts on how to combat this. I'm not sure if stating that a veteran cannot afford health insurance is a viable answer. I'm curious to know, what would be considered a prolonged period; one year, five years?

Thanks,

Domepeace

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  • Content Curator/HadIt.com Elder
Agreed. I will make an appointment today.

Thanks,

Domepeace

If you have your service treatment records, take the pages which pertain to your problem. It is good to have a history available. However, some docs may not have time to review it. Never hurts to be prepared. If you can get them to write you a nicely worded IMO, it can really help.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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  • HadIt.com Elder

Don't worry. The VBA already suspects all vets of just trying to get money out of them. Evidence is what you need. Evidence trumps suspicions and bias and all the rest. Every vet who files a claim wants money. That is why they have a VBA.

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  • Content Curator/HadIt.com Elder
Don't worry. The VBA already suspects all vets of just trying to get money out of them. Evidence is what you need. Evidence trumps suspicions and bias and all the rest. Every vet who files a claim wants money. That is why they have a VBA.

I wonder if they realize we are the reason they have a job...

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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  • HadIt.com Elder

Right arm numbness is a symptom not a diagnosis. What is the diagnosis? You need to get a diagnosis before you have any understanding of the issues in your claim. Was the record of numbness in the SMR? Or, is your claim based on degredation of another condition that has recently resulted in numbness?

I just read a claim where a guy got 40 years of back pay for ten percent because when they rated a muscular injury they failed to rate a nerve injury that was noted in the SMR.

Hoppy

100% for Angioedema with secondary conditions.

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  • HadIt.com Elder

Thanks Vync for the information.

The VA has denied my claim for DJD & DDD of the left shoulder, cervical, thoracic & lumbar.

A resent IMO the BVA ordered stated an injury to a joint can later develop arthritis. They awarded the shoulder, but denied the DDD & DJD of the spine from the same accident.

Within 7 or 8 yrs after injury I developed DDD & DJD of the spine & shoulder.

Since I developed DDD & DJD of the spine & shoulder in the same time frame, why would the shoulder be granted & the spine denied?

Allan

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