Sc For Conditions Within 1 Year Of Separation Not Treated For In Service.

[GunnyO_Ret_USMC]

I just want to get some clarification on this. I get conflicting information on being SC for conditions within 1 year after separation. Some say that if you get a condition that was not treated while in service and it is not in your SMR, you can still get that SC since it is within the 1 year time frame from separation. The VA treats it as if it happened while on active duty. True or False?

While others say if you were not treated for it, then it is not SC, unless it is a presumption. For example, I filed for condition for bilateral feet problems but was denied because I never went to complain about them while in service. But after serving 21 years in the Marines doing countless of forced marches with those heavy ass packs and weapons, wearing boots all the time, running in boots and uts for countless of miles will do the job.

So what is the deal? Someone please break it down to me using the K-I-S-S (keep it simple stupid not calling anybody here stupid so please no one get offended) method.

Thank you for your service and sacrifice.

[Pete53]

Even if no complaints during Service if you can prove you have a Condition they will grant service connection.They will rate it at its current condition.

Good Luck

[john999]

Did you appeal the denial? I think you have a chance of winning this on appeal. If you let your appeal drop then it will be harder for sure. If you could get a private doctor to state your foot problems are due to duty over long period of time that would help. I filed within one year of discharge but I had records of treatment in service. I was low balled and let it drop. That was a mistake.

[GunnyO_Ret_USMC]

Did you appeal the denial? I think you have a chance of winning this on appeal. If you let your appeal drop then it will be harder for sure. If you could get a private doctor to state your foot problems are due to duty over long period of time that would help. I filed within one year of discharge but I had records of treatment in service. I was low balled and let it drop. That was a mistake.

Yes I did appeal and was seen by my doctor for my feet problems couple months after I got out. She also wrote a nexus letter for me tying it to my service. Funny thing, my doctor ordered

X-rays for me out in town and there were some findings (calcaneal spurs in my achiles, hallux valgus), the VA did their X-ray and had not findings? Go figure. And I submitted all of the medical evidence with my claim.

[john999]

Are you waiting for a hearing now or is your appeal at the BVA? The thing is to keep your appeal alive so you can get the earliest effective date.

[GunnyO_Ret_USMC]

Are you waiting for a hearing now or is your appeal at the BVA? The thing is to keep your appeal alive so you can get the earliest effective date.

john999, my VSO filed a NOD.

[jbasser]

You had better get a copy of it to see what they said. Trusting a VSO is OK but you must remain in control of your claim since the VSO has your POA and noobody is perfect.

Look your disabilities on the schedule for rateing disabilities and determine if they are presumptive within 1 year. If this is the case and you have a Nexus then the VA is not applying the proper regs to your spacific claim.

Make sure that you inform yopur VSO and the RO that you Know the regs.. This actually cuts a lot of red tape hide and seek bull.

Good Luck.

J