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We dont talk much about this approach because most vets do not have any pre -existing conditions noted in their military records.I found this case while searching for info for a new member here with a pre-existing disability that certainly seems to have gotten worse from his military service.

I imagine -even with the potential basis for this type of claim-many of these claims never get filed.

In this type of claim-if military service aggravates the pre- existing condition,then VA will rate and SC the level of aggravation.

This one is a beauty:

http://www4.va.gov/vetapp09/files5/0938035.txt

FINDINGS OF FACT

1. Clear and unmistakable evidence shows that bipolar

disorder was present prior to service.

2. The Veteran's preexisting bipolar disorder increased in

severity in service.

CONCLUSION OF LAW

Bipolar disorder was aggravated by active service.

38 U.S.C.A. §§ 1110, 1111, 1153 (West 2002); 38 C.F.R.

§§ 3.303, 3.306 (2009).

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

Ditto. LarryJ. aggravated by active service.

How did you get in the service, in the first place?

Are you asking me?

If so, I'll tell ya:

#1. It was my manly swagger, a la John Wayne.

#2. It was my ability to leap tall buildnings in a single-bound (and faster than a speeding bullet and more powerful than a locomotive, etc.).

#3. It was my ability to lie myself out of ANY situation.

#4. My Grandaddy was a Senator.

How's that?

Bearing in mind, of course, item #3. :rolleyes:

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

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  • HadIt.com Elder

Are you asking me?

If so, I'll tell ya:

#1. It was my manly swagger, a la John Wayne.

#2. It was my ability to leap tall buildnings in a single-bound (and faster than a speeding bullet and more powerful than a locomotive, etc.).

#3. It was my ability to lie myself out of ANY situation.

#4. My Grandaddy was a Senator.

How's that?

Bearing in mind, of course, item #3. :rolleyes:

Well LarryJ, I noticed that you did not mention your good looks in your list...

Actuality, the question was rhetorical. How did the vet get in the service in the first place, if the disability was so debilitating before enlistment.

"it shall be remembered"...

"We few"

"We happy few"

************************

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  • Content Curator/HadIt.com Elder

I agree cmdr bob.

I'm still wondering how they could calculate the percentages and determine which portion was pre-existing and which portion was aggravated by the service.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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  • HadIt.com Elder

Well LarryJ, I noticed that you did not mention your good looks in your list...

Actuality, the question was rhetorical. How did the vet get in the service in the first place, if the disability was so debilitating before enlistment.

All those positive traits AND I have to be good looking, also? SHEESH!

And, yeah, I kinda figgerd that is what you meant.

Ya know, I went into the induction center after having thumbed a ride thru the night, and hadn't eaten in more than 24 hours. My blood pressure was, like, 170 over 95. The doc doing the induction physicals took one look at me, told the corpsman to take me somewhere where it was nice and quiet and take my BP until it got down to "acceptable levels". Of course the corpsman took me to a little storage room, sat me down, took my blood pressure again, said "well, that looks good to me" made up some figures and away I went........hmmmmmm, maybe I gotta a claim here..........hadn't even thought about that......but, my BP has been a little on the "high side" for years.............hmmmmmm......wonder what it was on my discharge physical? :blink:

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

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Al lthe time and very very often, my BP is bad, wrong, etc.. and the nurses always make me sit down and rest, then they take it again, and again, until they get the reading they need..

I though they did this with everyone that has a bad reading..

I have no idea if they write down each test in my records, or just the 2nd test..

All those positive traits AND I have to be good looking, also? SHEESH!

And, yeah, I kinda figgerd that is what you meant.

Ya know, I went into the induction center after having thumbed a ride thru the night, and hadn't eaten in more than 24 hours. My blood pressure was, like, 170 over 95. The doc doing the induction physicals took one look at me, told the corpsman to take me somewhere where it was nice and quiet and take my BP until it got down to "acceptable levels". Of course the corpsman took me to a little storage room, sat me down, took my blood pressure again, said "well, that looks good to me" made up some figures and away I went........hmmmmmm, maybe I gotta a claim here..........hadn't even thought about that......but, my BP has been a little on the "high side" for years.............hmmmmmm......wonder what it was on my discharge physical? :blink:

Not in appeals, since I got 100%, and some of it was winning an 1151 negligence, which the VA turns out does not give ful benefits if you win 1151 negligence they squirm and legal loophhole you and your family out of many benefits, really crapp nasty bunch running the va benefits, they wil backstab and scre wyou even if you win you lose. May 2021.

01-01-11_My_Medical_Records2.jpg

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oh, and btw, I had a pre-existing condition which they gave me a waiver for when I joined,,

I had cataracts, but they were not growing at the time, and were dormant.. I recently had one removed... I stil have one in my other eye...

Not in appeals, since I got 100%, and some of it was winning an 1151 negligence, which the VA turns out does not give ful benefits if you win 1151 negligence they squirm and legal loophhole you and your family out of many benefits, really crapp nasty bunch running the va benefits, they wil backstab and scre wyou even if you win you lose. May 2021.

01-01-11_My_Medical_Records2.jpg

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