Presumptive Within One Year

[iraqrecall]

Ok maybe I am just dumb but heres my question.

If a disability is claimed with in one year of discharge is it considered presumptive?

I have had some medical problems arise after discharge but prior to one year but have been denied because of no nexus in my active duty medical records.

[iraqrecall]

Went back to VA claim folks and He confirmed that any claim I submit within one year of Discharge is presumed to be service connected. Was released from AD last May. We now have filed a NOD to get my claim for degenerative disc's cleared as presumtive.

He also had me file an additional claim for the Polyp on my vocal cord. Said that although they where mentioned in my Sinusitist (pardon spelling) claim it was a seperate item. Guess it will be another C&P even though VA did the whole thing. We also filed for Combated related Special compensation ( https://www.hrc.army.mil/site/crsc/index.html )so I will get both my retirement pay and disability pay.

Thanks again for all the help!

[Pete53]

It makes it a lot easier but you still need to line the ducks up.

[Troy Spurlock]

I have had some medical problems arise after discharge but prior to one year but have been denied because of no nexus in my active duty medical records.

The Board of Veterans Appeals has made it clear (be reiterating the regulations) that there need not be a mention in a veteran's medical records in order to link a claimed condition to being in-service.

All too often the VA will deny claims stating the veteran's service (i.e. medical) records are silent as to the claimed condition, hence "no nexus" to active duty (i.e. in service connection). This is a prima facie fallacious denial without legal substantiation.

The medical evidence and the opinion (i.e. diagnosis) of the examiner is all is necessary to link the claimed condition as service connected.

For example, when I claimed Fibromyalgia as being related to service all it took (because there was no in-service medical documentation of it) was the Rheumatologist opining that it was in fact service related (and this was 10 years before the VA finally admitted and added Fibromyalgia as a presumptive condition of service in the first Gulf War).

T.S.

[iraqrecall]

Got mail back from VA asking for Nexus and stressor for PTSD, VRO wrote "41 airmedals".

Also put in claim for Hypertension associated with DB II from agent orange.

As far as backclaim, the VRO once again reiterated that it was presumtive as is my claim for the polyp on my vocal cords. The polyp and Hypetension both where diognosed by VA.

My ex-Navy son got 30% on his claims which was a fair assesment so he is happy.

will see if any of this goes through and I get to the magical 50%

Got fitted for hearing aids yesterday and should have them next month. So somethings are going well...so far.

[carlie]

iraqrecall,

Do you have any of the awards that show combat such as CIB,CAR,etc..

If you have the right ones the VA does not need to verify your stressor,

just having the award does it for you regarding a combat stressor.

Another thing, by chance did you get a PTSD diagnosis while still on AD ?

That would also make a stressor a moot issue.

You hang in there buddy.

carlie

[iraqrecall]

Have 41 Airmedals for 1750 hrs of combat flight time as a gunship/scout pilot in vietnam, the VSO put that down as my stressor. I was a retiree recall in 2008 to 2009 for a tour with the 34th CAB in Iraq. so I am also within one year of my discharge so it should be presumtive.

Yeah I am going on 64 yrs old and just dont know when to quit.

iraqrecall,

Do you have any of the awards that show combat such as CIB,CAR,etc..

If you have the right ones the VA does not need to verify your stressor,

just having the award does it for you regarding a combat stressor.

Another thing, by chance did you get a PTSD diagnosis while still on AD ?

That would also make a stressor a moot issue.

You hang in there buddy.

carlie