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How Long Do I Have?

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USCG CWO4

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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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Just to clarify this last person from the DAV was new to me, but has been with them for decades. All previous issues were being handled by someone else from the DAV. So my last post is not completly connected with the previous one. I am not completly sure why i am filing for P & T ( that was my error in the mis spelling) but it was the advice that was given. I believe that he feels that none of my conditions will improve and so i should just go for P & T. Now i am really worried!

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71m10 I did take your advice and retract my P&T request, it didn't make sense to me either.

new question for anyone....

I have since filed a claim request on a DBQ for the MDD and anxiety and will wait patiently for that to cook. Since I filed that new claim I was hospitalized for this condition for awhile at the VA hospital. Do I have to add anything to my claim or notify anyone or does it all just happen? I am not trying to rush anything, I know how this goes. I just want to make sure that I don't have to do anything and not sure I always get the correct advice.

Thanks

Bob

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Rule number 1. File Now.

Rule number 2. If unsure, refer to rule ONE.

I agree with the others, especially Berta. If you DO file within a year of discharge from military, you are afforded some "presumptions", that is, within a year, they assume your malady occurred in service because if you got it now, and you did not have it on entrance to the military, it happened in service. Its called a "presumption of soundness".

The doc who examined you for your entrance into military is presumed to know what he is doing and if he gave you a clean bill of health to go into military then you are clean. So, if you caught the malady within a year of exit from service, guess what? You got it in service.

That is not the only way to get service connected, it is an easy way, tho. If its been more than a year, then you have to jump through the hoops to establish your malady occurred in service.

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71m10 I did take your advice and retract my P&T request, it didn't make sense to me either.

new question for anyone....

I have since filed a claim request on a DBQ for the MDD and anxiety and will wait patiently for that to cook. Since I filed that new claim I was hospitalized for this condition for awhile at the VA hospital. Do I have to add anything to my claim or notify anyone or does it all just happen? I am not trying to rush anything, I know how this goes. I just want to make sure that I don't have to do anything and not sure I always get the correct advice.

Thanks

Bob

Hey Bob. Just from the little I've experienced with medical records within the VA, if the claim has not progressed to the point in which the RO is pulling your VA records yet, they *should* be scooped up. Can you trust the VA to always do the right thing? Herein lies the rub. If you mess with your claim by adding more records, etc, you run the risk of slowing it down to a snail's pace (or dead in the water...adrift) especially seeing as you filed an FDC. If you don't, they may not have all the right information to make the right/best decision. (I'm in a similiar situation right now having just been released from the hospital for a condition that's somewhere in the claims process.) You're likely the best one to understand where everything is.

It's possible that the DAV NSO can help you, but not all NSOs were created equal, so to speak, as was alluded to above and from what you've related. The phone call or visit is free of charge...so might as well at least see what they have to say. If in doubt about what the NSO tells you, I recommend you post something here and see what the collective experience has to say. DAV usually has a team of people, so there is a site supervisor to file a complaint if you feel your assigned NSO is out to lunch. You can always request a different NSO, or jump to a different VSO. I wound up doing that at one point and am happier now for having done so.

From one old Coastie to another...you hang in there!

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