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Presumptive Within One Year

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iraqrecall

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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.

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I think they just want the Veterans to shut up, give up and go away. Their form of Paper work reduction.

Even the VSO dont seem to know about this one.

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This s NOT some new law-

An NOD is still timely if filed within one year of the decision.

EXCEPT FOR contested claims ( there are few and far between) and apportionment claims- claims regarding separation and divorce.

Here is an appointment claim:

http://www4.va.gov/vetapp10/files1/1000123.txt

I posted a contested claims here some time ago- these types of contested claims arise when the veteran might have more than one spouse.at the same time-

Or two women who claim to be widows of the vet are contesting who DIC should be awarded to-

I cannot tell if this is the case in this vet's situation here.Maybe this reg applies to him - not sure- we need more info-

but the last thing we need is for vets -who contested and apportionment rules don't apply to -to start thinking they only have 60 days to file a NOD-

Read the regulation.

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Took all this back to my VSO today and said that the web site is incorrect, I am finding this all rather confusing when one part of VA says no your denial is final and the other says no its still open for a NOD...

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