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What Counts As A Disability To The Va


Buster

Question

I needed some information. I have submitted a claim for disability but I wanted to know if my VA rep left some things off that should have been counted. They are 1) hernia diagnoised while in Iraq 2) bulding disc in my neck as a result of shrapnel injury while in Iraq (well documented) 3) diagnosed with a staff infection after coming home to recover from my injury from my emergency surgery in Baghdad. None of these things were listed on my original claim. I am still waiting to hear a reply on percentage for my initial claim but wanted to know if these things should be submitted after the first decision is made.

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My god yes man! Get in touch with the rep pronto and have him send an adendum to your claim adding them. If he says he can't, wait until you get the first low-ball offer from the VA, then send in a notice of disagreement adding them as additionally claimed and ommitted items.

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My god yes man! Get in touch with the rep pronto and have him send an adendum to your claim adding them. If he says he can't, wait until you get the first low-ball offer from the VA, then send in a notice of disagreement adding them as additionally claimed and ommitted items.
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Any disaibility that is either caused by military service or is aggravated by military service is compensable by the VA. I would suggest contacting a national VSO from a military organization you feel comfortable with and have your claim amended to include those disaibilities that are not being looked at. Even secondary conditions to the primary condition are compensable.

Patrick

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If you're within a year of your discharge date, you should add everything that was not included in the original filing to claim the earlier effective date (date of first claim). If after a year, the effective date would be when the latter filing occurred.

It would have been appropriate for your VA Rep to review the paperwork with you before he filed it, not after. Had that happened, you would have caught the ommissions. Did you give him your power of attorney? If so, you may want to rethink that.

The VARO will tell you in its decision that they have reviewed and considered your service medical records, however, that hardly ever happens. So, you're right to point out everything in there for which you can establish service connection. Don't trust your memory or leave it up to your VA Rep to handle this. Look over your SMR's on your own.

This is another reason why I normally suggest that veterans use a service officer to help prepare the claim if they feel they need the added assistance, but always take responsibility for mailing it in certified on their own, then copy the SO. Similar to what I stated above, had you done this, you would have first reviewed the claim and would have realized he left some stuff out.

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Buster

If the VSO won't file you file yourself on these injuries. You probably have a purple heart for the neck, am I right. File for everything that is service connected.

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Buster I would suggest adding these to your claim now. As it is your original claim will probably take over a year to begin with. Go ahead and add these now, if you wait until you get your first decision and then file, they tend to be somewhat pissed because your adding to the caseload. With the records you have of these three things you should be getting something, apply for scars from the shrapnel and everything else. You need to familiarize yourself with the regs and see what all you are eligible for. I would go in and file a SSOC statement in support of claim, and add these now. Also when adding these claims, make sure you write that you are seeking the highest possible awards for all claims. That statement could help you get a higher backpay in the future if they don't consider it. If you need more help just let us know, what your original claim is for, how long you have been out, whether you got out on your own, or were medically boarded out, or not eligible for reenlistment. The more info you give us upfront the more we can help.

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