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One Year Rule After Service And Sc

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GunnyO_Ret_USMC

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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

Congratulations on your retirement Monster. I retired in October of 08 and as you can see I just had my second P&C a couple of weeks ago. I am currently at 30% from the first C&P. Made the jarhead mistake of filing online the first time and did not have a VA Rep. The VA is a crazy beast. The even denied having evidence when in fact the have copies of evidence, go figure. Well I'm ready to go for the long haul. I wish you luck on your claim as well and I know in the end we will prevail.

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The rule that you speak of pertains to the VA’s recognition of certain illnesses/diseases that are diagnosed within one year of discharge from service. These are known as “presumptive disabilities.”

The VA presumes or concedes that specific disabilities diagnosed in veterans within one year of their discharge were caused by their military service. VA does this because of the unique circumstances of military service. If the veteran is diagnosed with one of the presumptive conditions within one year of his/her discharge from service, the VA concedes that the circumstances of his/her service caused the condition, and disability compensation can be awarded.

Additionally, you don't even need a diagnosis in your service treatment records to be granted service connection.

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