Dav Is Confusing

[vet201060]

I called the DAV for help with my current issues. He told me not to wait on filing. I drove for 2 hrs and used over 3 hrs of advance leave for nothing. I also waited in line. It was a mobile DAV van. The same guy then told me to wait til my current increase claim is done. I am so frustrated with the VA and DAV. I am so stressed out over this va claim crap. The DAV has been good to me. That is the only complain I have had.

I hadd a question regarding planter fasciitis. I am having symptoms of PF again and wanted to know if I should go see a doc even tho I know they cant do anything. I am currently on vicodin and muscle relaxers everyday anyway. I thought maybe I should get it documented by going to the doc. I cant walk on it at the moment. I was going to file for flat feet today. When you guys talk of presumptive does that include getting out of the reserves or just active duty. I was diagnosed with planter fasciitis( bone spurs) within a month of seperating from the reserves. I did 6 yrs 7 months acitve duty and then straight to reserves for 1 yr and 5 months. Thank for everything.

I can't imagine waiting years for a claim to be settled. I am stressed just waiting less than a month for a decision. I wish I could help you guys. I am learning everyday with my battles. Sometimes we cant be strong for ourselves so we have to for others. I got your back fellow veterans. Let me know if I can help in any way. Thanks

[*Bergie*]

I called the DAV for help with my current issues. He told me not to wait on filing. I drove for 2 hrs and used over 3 hrs of advance leave for nothing. I also waited in line. It was a mobile DAV van. The same guy then told me to wait til my current increase claim is done. I am so frustrated with the VA and DAV. I am so stressed out over this va claim crap. The DAV has been good to me. That is the only complain I have had.

I hadd a question regarding planter fasciitis. I am having symptoms of PF again and wanted to know if I should go see a doc even tho I know they cant do anything. I am currently on vicodin and muscle relaxers everyday anyway. I thought maybe I should get it documented by going to the doc. I cant walk on it at the moment. I was going to file for flat feet today. When you guys talk of presumptive does that include getting out of the reserves or just active duty. I was diagnosed with planter fasciitis( bone spurs) within a month of seperating from the reserves. I did 6 yrs 7 months acitve duty and then straight to reserves for 1 yr and 5 months. Thank for everything.

I can't imagine waiting years for a claim to be settled. I am stressed just waiting less than a month for a decision. I wish I could help you guys. I am learning everyday with my battles. Sometimes we cant be strong for ourselves so we have to for others. I got your back fellow veterans. Let me know if I can help in any way. Thanks

I'm one of those vets that does not believe in waiting for nothing before filing. If you file, yes it might slow your current claim. But, you have established the effective date. If you wait 1 month, 2 months, 6 months or longer, then you lose money. That is how I see it, I don't mind the delay because the claim will be back dated to when I filed. If you are withing a year of seperation than go ahead and file, if they say no than you have one year to develope the claim and file an NOD.

JMO,

Bergie

[Berta]

"When you guys talk of presumptive does that include getting out of the reserves or just active duty. I was diagnosed with planter fasciitis( bone spurs) within a month of seperating from the reserves. I did 6 yrs 7 months acitve duty and then straight to reserves for 1 yr and 5 months. Thank for everything."

If a disability is found in the list of chronic Legal Presmptives and manifests to a degree of at least 10% during the first year after discharge-the VA will SC it under the liberalizing rule within 38 USC 1112.

I found an older post I made that hopefully explains this more:

"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( cool.gif (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."

---end of past post quote----

"I can't imagine waiting years for a claim to be settled. I am stressed just waiting less than a month for a decision."

Many of not most of us here have waited for years for awards from the VA.

"When you guys talk of presumptive does that include getting out of the reserves or just active duty. I was diagnosed with planter fasciitis( bone spurs) within a month of seperating from the reserves. I did 6 yrs 7 months acitve duty and then straight to reserves for 1 yr and 5 months."

I dont think the term 'presumptive' even comes into play here.Yo can request direct service connection if this condition is noted in yor SMRs.

You should file a claim and then gather all medical evidence you can (and your SMRs of course) and with a strong medical opinion your claim could possibly succeed.

If you put your disability into the BVA search browser at the BVA web site-

you might find more info to help.

I found a case at the BVA once (and posted it here years ago) whereas the vet-with a 10% flat feet rating -in time- was awarded TDIU because the flat feet had affected his ankles, hips, and back to the point he could no longer work.

Then again-I have pronation problem and orthonics completely cured a chronic backache and knee problem I had from the fallen arch.

It all depends on the medical evidence as to how they rate these types of claims.

Edited May 26, 2010 by Berta

[vet201060]

My entrance exam shows normal feet. I have SMR that states my shin splints are from flat feet and I need orthotics. I am having problems with my feet now. I guess it wouldnt be presumptive since I have it in my SMR.

If it is in SMR and you have trouble now can you get it service connected? Is that usually a open/shut case. Does the VA fight you all the way to the bank? I am learning about this system they have in place. i have a lot of crap in my SMR.

Berta, thanks for the response!

[broncovet]

I agree with Bergie. If you have a claim, by all means dont delay filing it. Sure, it may delay your benefits if you have multiple issues, but its not like the VA wont delay it anyway. The VA LOVES delays..they make them money. Longer delays= more money for the Va. The VA hopes they can delay until you die.

[Bonzai]

I had multiple claims in with different filing dates - and it didn't really seem to slow any of my claims down too much. But that my be different for you, as it seems different areas handle many many things differently than others. But the sooner you file, the earlier the effective date of your claim which equates to money in your pocket; should you get a rating for it.

[bufloguy]

I had multiple claims in as well, filed at different times. The ro bundled all the claims together, I think 12 in total. The decided and awarded the easy ones in about 6 months, and defered the harder claims. The defered claims took about another 3 months to award.