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How Long Do I Have?

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USCG CWO4

Question

It is less than a year since i retired and i have submitted my claim and it is almost finished. I have reciently been diagnosed with something by and outside Doctor and the diagnosis has been confirmed by a VA Doctor. I had not previously claimed this issue. How much time do you have to claim something? Is it to late or do i have to try and prove service connection? I am sure this is written somewhere so if anyone can point me in the correct direction I would appreciate it.

Take care

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Is the new disability secondary to anything you get the 90% SC for?

This link here should answer your question:

Do you mean you retired from the Military less then a year ago, with the 90% SC?

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

If this is a chronic condition the VA recognizes you need to file within one year of discharge. Is this a serious condition that is going to mean significant compensation? How much time do you have left before you hit one year since discharge? Unless I was really hurting for money I think I would file on it before you go beyond one year from discharge. It might slow down your current claim. Is it worth it. You are might close to 100% as is. Is the 90% a military rating?

John

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My rating is 90% SC by the VA and am receiving compensation for it. I received that award in September, although my whole claim is still in the preparation for notification phase, there are only scars remaining as the issue and they won't change my rating. I retired last May 2012. I have been very happy with the overall speed of my claim and service I received from the VA....:)

I have been diagnosed with MDD and Anxiety Disorder, through an outside Doctor. I just saw the VA Doctor yesterday and they concurred with the diagnosis and medications that I am taking. I am not really sure where to go with this. I really don't want to go through a C&P exam, I really have a tough time going over all of this stuff again and again. I was never seen for this while I was in service. I only have two months left before my year.

I did read that link and what I got was that the year is not a magic date but it makes it easier?

Thanks for any help

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  • HadIt.com Elder

MDD and anxiety neurosis is a chronic disease as far as I know that would come under the one year presumptive. I think this could put you over 100% mark. I would file on this if I were you. If you were never seen for MDD and anxiety disorder then the one year date is important. I filed for a emotional disability within a year of discharge and I believe it made the difference between SC and no SC. Don't think that MDD is not serious because many people are totally disabled by it at one time or another. Are you a combat vet or did you have hazardous duty pay? This could be changed to PTSD down the line as the symptoms of MDD and anxiety disorder are very similar to PTSD. Just saying. I would file on the MDD and anxiety for sure even if you have to go for a C&P.

John

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Maybe not if the DBQ is articulate enough for the VA to use.

As Dr. BAsh stated in the SVR radio show here recently in our SVR archives, those DBQs can be problematic.

John made an excellent point. If you are combat vet and fall into the new PTSD criteria (in our PTSD forum) a VA doctor could diagnose you with PTSD due to your service and

then that might well set the stage for CRSC, by this " t is less than a year since i retired", you mean you are a lifer?

If not thats OK too.....are you employed?

"there are only scars remaining as the issue and they won't change my rating" Scars from an IED or instrumentality of war?

Do the scars involve a stressor?

"I have been diagnosed with MDD and Anxiety Disorder, through an outside Doctor. I just saw the VA Doctor yesterday and they concurred with the diagnosis and medications that I am taking."

PTSD is an anxiety disorder. Do you have an inservice nexus for any stressors? Is any of that noted in your SMRs?

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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