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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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GunnyO_Ret_USMC

One Year Rule After Service And Sc

Question

OK, I guess I am a bit confused with the one year rule. What is the purpose of the one year rule and filing for claims? I filed all of my claims after I retired from service and met the one year rule. I am your typical jarheard so of course going to sick bay unless you are dying was not an option and highly discouraged. I had my C&P exams about 2 weeks ago and afterwards requested a ROI. I received them yesterday and was thrilled to see that most (about 95%) of my claims were diagnosed in my favor. However, the examiners opinion on most were those famous quotes "IS NOT CAUSED BY OR A RESULT OF active duty military service". WTF over. So, despite getting all my claims in during my one year after separation, I guess the VA is going to deny me my claims. I have not received any rating yet, I just have a copy of C&P results but it does not look favorable. During my final physical, I did note all of these conditions on the form that you have to fill out. Also, the VA noted that there were insufficient evidence for some of the claims that I put in when in fact I submitted evidence from X-rays and diagnosis' from my civilian doctor. With the VA, I just can't put 2 and 2 together. I was diagnosed with and also had the proof for bilateral hallux valgus. Well the C&P said not caused by the result of active duty (ok after 21 years of service). The rationale for opinion given was that I was not seen for this condition while on active duty and did not know I had it until it was reported on an x-ray (duh, I am not a doctor) after discharge. Also said that they are more common in women (what's that got to do with me). I guess men don't get them? Anyway, like I said, during my final physical exam, most if not all of the conditions were noted. I guess I see an appeal coming. Kind of sucks for the VA to tell you yes you have these conditions but they are not related to military service. Thank you VA, I know you love your veterans. Does anyone out there have any suggestions or advice? I have not yet received any denials or have been granted a rating for the C&P claims but by looking at the doctor's notes, looks like most will be denied. Hopefully the final physical has some weight in all of this. :D :rolleyes: :D :D :D :angry::angry:

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Welcome Gunz! I am going through similar circumstances with the VA. Lots of diagnosis and lots of denials from the VA. Our final physical is a double-edged sword for us, they love to use it for denials often stating "not claimed on". My advice is to go back to your civilian doc and have him prepare a well thought out Nexus letter tying your conditions to your time in service. It is a pain in the ass to go through, trust me I am dealing with it now. In my case the VA said my shoulder claim was a "strain", my doc and physical therapist diagnosed a severe shoulder separation with arthritis, we'll see what ortho says next week.

You are in for an uphill battle with the VA but there are several, very helpful people on this board that are willing to help. Keep your head in the game and stay in the fight.

I just retired Aug 09 and was under the same impression as you with the "One Year Rule".

Monster

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GUNNY,

You know how this works, change your socks and lace up your boots . Seems you have a battle ahead of you.

Get your medical evidence in order and get an outside nexus as suggested. I know you wouldn't but i got to say it , don't give up that's what they want. If you get a denial , they will generally tell you why , use that to prepare your next attack (appeal ).

Semper Fi Gunny

Sgt Sandman

0352 :D

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The one year 'rule' ?

I think you mean this-

if a claim is filed within one year after discharge and then awarded-

the Effective date for the retro will be the day after discharge.

38 USC 5110 , 38 CFR 3.400(:rolleyes:(2)(i)2009

Claims filed within that year (to include the chronic presumptives found in 38 CFR-)

still require proof of inservice nexus or link within the SMRs (and /or in some cases the personnel 201 files)

Chronic Presumptives are found within 38 USC 1112 , Fortuck VB Principi..

I have posted the Chronic disabilities for Legal Presumptive list here as few times over the years as I know many reps who never even consider this list when advising a veteran.

Some reps I know had never heard of it.

:D

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The one year 'rule' ?

I think you mean this-

if a claim is filed within one year after discharge and then awarded-

the Effective date for the retro will be the day after discharge.

38 USC 5110 , 38 CFR 3.400( :rolleyes: (2)(i)2009

Claims filed within that year (to include the chronic presumptives found in 38 CFR-)

still require proof of inservice nexus or link within the SMRs (and /or in some cases the personnel 201 files)

Chronic Presumptives are found within 38 USC 1112 , Fortuck VB Principi..

I have posted the Chronic disabilities for Legal Presumptive list here as few times over the years as I know many reps who never even consider this list when advising a veteran.

Some reps I know had never heard of it.

:D

Berta,

You are absolutely right and I guess I misunderstood the one year rule. My Rep should have informed me on this when I originally filed my claims. I will be seeing my civilian doctor on this to get the necessary documentation for service connection. You would think it would be common sense to the VA when it is pretty obvious if a member serves in the military for over 20yrs, some ailments are just undeniable for service connection.

Well, I'm gonna suit up and put on my armor. Thank you.

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GUNNY,

You know how this works, change your socks and lace up your boots . Seems you have a battle ahead of you.

Get your medical evidence in order and get an outside nexus as suggested. I know you wouldn't but i got to say it , don't give up that's what they want. If you get a denial , they will generally tell you why , use that to prepare your next attack (appeal ).

Semper Fi Gunny

Sgt Sandman

0352 :D

Great advice Sandman. I will wait for their decision and use the info to take to my civilian doctor and get cracking on that nexus. Gonna grab the flak and kevlar with sapi plates, and fix bayonet.

Semper Fi and thanks Sgt Sandman.

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