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ptsd Have You Been Denied Because It Was Too Long Since Service?
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Question
broncovet
Has your claim been denied and the reasons and bases states "too long since military service"? According to a well known attorney representing Veterans, this is an "invalid reason".
In her knoll, Ms Eagle points out that this is NOT a valid reason.
http://knol.google.com/k/katrina-eagle#
In it she states:
For veterans of World War II (yes, they too have their VA claims denied), Korea and Vietnam, the VA loves to deny the claim on grounds that too much time has passed between the veteran's period of service and their claim for benefits, that it's impossible for their to be a relationship between the two.
For many Gulf War veterans, their medical conditions get stuck in the quagmire of "Gulf War Syndrome"; of course, this may soon improve in light of new recognition by the medical community that GWS is a valid medical condition, but only time will tell.
For veterans of OEF/OIF, the VA refuses to believe these young men and women may actually be too disabled to be employable, so many of them face VA proposals to reduce their monthly VA benefits.
And of course, for veterans of any era with what I call a "squishy" medical condition (that is, one that is not observable by the human eye or objective medical test such as an x-ray, a PFT, etc.) -- PTSD is a perfect example -- their claims are routinely denied for any myriad reasons.
All of these are invalid reasons for the VA to deny the veteran's claim. I just hope the veteran doesn't accept the VA's rejection of their claim and give up.
end of Katrina Eagle quote.
To Katrina's opinion, I would add that the VA is required to follow its own regulations and to rate on the applicable criteria, and not to make it up as they go. If a Veteran has been denied for an invalid reason, I would humbly recommend they file a NOD disputing said denial.
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