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What Is Presumption Of Service?


Ricky

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In Oct 05 I filed a claim for presumtion of service of connection for sleep disorders based upon my service in SWA. With the original claim I provided SMR's showing treatment during military service and post service.

In Apr 06 VA notified me that they were now developing the claim. In their letter they explained that I needed to provide medical evidence that the disability existed during my military service. I replied to their request explaining that this was a claim for persumption of service connection based upon my service in SWA. However, attached to the original claim in Oct 05 was the evidence they were looking for and that I would re-attached the evidence to my current reply.

Today I was told that the claim was still in development awaiting the information that VA had requested in Apr 06.

Jeez - I sent it twice (I have green cards) and on top of that it is not required since sleep disorders is considered to be service connected if you served in SWA.

I guess I really do not understand what presumption of service connection really means. I assure you that this claim will be denied at the RO, NOD'ed, appealed etc.......and then approved after 4-5 remands back to the RO. And congress beats their chest screaming "whats wrong with the system".

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  • HadIt.com Elder

More than likely the letter you received was just the "Duty to Assist" letter the VA is required to send to each claimant. If this is the case, look at one of the pages of the letter that state "What he Evidence Must Show" at the top. There it will say some thing like;

"To support your claim for service-connection, the evidence must show three things:

1) you had an injury in military service ect...

2)You have a current disabiloity ect...

and

3)There is a relationship between 1 and 2. However, VA may conclude that certain current disabilities were caused by service, even if there is no specific evidence proving this in your particular claim. The cause of a disability is presummed for the following veterans who have certain diseases; veterans who have certain chronic or tropical diseases that become evident within a specific period of time after dischrage from service.

Once your c-file reaches a RVSR, they will first try to see if your condition can be directly service-connected, then, if not, they will try to apply the presumptive rule. Just try to relax a bit and things will sort themselves out!

Vike 17

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Basically the VA has to show that your records states or somewhere in them shows that this condition existed prior to service. This is what they mean (the VA) by rebutting the presumption of soundness. If you can show the VA medical evidence that this was in service you should be OK. GOOD LUCK!

38 CFR 3.304 (:(

Presumption of soundness. The veteran will be considered to have been in sound condition when examined, accepted and enrolled for service, except as to defects, infirmities, or disorders noted at entrance into service, or where clear and unmistakable (obvious or manifest) evidence demonstrates that an injury or disease existed prior thereto and was not aggravated by such service. Only such conditions as are recorded in examination reports are to be considered as noted.

Congress has imposed rather high standards of proof for rebutting a presumption. To rebut the presumption of sound condition under 38 U.S.C. § 1111, the Department of Veterans Affairs (VA) must show by clear and unmistakable evidence both that the disease or injury existed prior to service and that the disease or injury was not aggravated by service.

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  • HadIt.com Elder

no Ricky is correct sleep disorders are one of the preumptive illenesses for exposure to Sarin at Kamisayah in March 1991 the March 2003 IOM report http://www.iom.edu/CMS/3795/4913/5842.aspx shows the association between the chemical weapon exposure causing brain tumors and sleep disorders, if you were there and have sleep problems it is supposed to be automatic

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Yep TestVet you are correct. I also served in SWA During Persian Gulf War and I have Chronic Polyneuropathy in all of my limbs and PTSD and both are Presumption of Service. Persian Gulf War Veterans don't have to prove that it began in service and as a matter of fact those veterans still have I believe until December of 2006 to come forward with any illnesses if they haven't already. The good thing is once you've been diagnosed as Service Connected as Presumption of Service they are not supposed to be able to change that from what I read in CFR 38. I try to stay up on the changes in the law. I'm currently at a combined rating of 70% and have a claim pending for IU. I'm tired of dealing with VA but my condition just continues to get worst. I have now been diagnosed as being Bi-polar and I haven't even filed a claim for that.

It's a long slow, frustrating process but for a lifetime of compensation it is worth it...hang in there, we all are either going thru it or have been there already.

Michelle

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  • HadIt.com Elder

michelle, besides serving in SWA I am one of the 4022 men used in the March 2003 IOM Sarin report, I was one of the 7120 men of the human experimentation that took place from 1952 thru 1975 my number is 6778A. So I know that the IOM report is nothing but garbage, the language was written by DOD to ignore all known medical studies about CW's and his findings matched no other known work about medical problemsm caused by chemical weapon exposure, why was the report based solely on Sarin when they know mustard agents were present at Kamisayah in March 1991? I have more questions than I have answers, but I think I am the only man to have been in SWA and also be in the control group of Edgewood Test vets. They awarded my PTSD claimmand refuise to address the Edgewood experiments why? They keep denying all claims for GWI also, it's funny how most of the symptoms of GWI are the same known medical problems for CW exposure.

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