Question About Filing Additional Claim Before 1 Year After Discharge Timeframe

[289mustang]

I hope I am posting this question in the correct forum. I retired from the Marine Corps with 34 years of service as a MGySgt Oct 2013. I filed a Before Discharge Claim through the Disabled Veterans in Sept 2013. Currently my claim is being processed through Salem-Winston with my C&P being completed during November 2013. I filed for 3 cervical postlaminectomy surgeries, R/L radiculpathy for arms/legs, Lumbar issues, along with a few other issues.

My question is concerning filing or when to file additional medical issues that I was diagnosed with after discharge. A few months after discharge I was diagnosed with right facial trigeminal with pain, moderate sleep apnea requiring CPAC machine, shoulder impingement both arms, chronic pain syndrome.

While on active duty it is documented in my medical records several times of "unable to sleep throughout night", "only getting "3-4 hours sleep per night", "trouble sleeping" and on final discharge medical "excessive snoring". I have "right facial pain, tingling" noted by 3 doctors/neurosurgeons and shoulder issues during C&P exam. I know I will need a nexus letter for apnea and my doctor will provide one stating my cervical surgery has caused obstructive sleeping requiring machine.

I am concerned if I wait till my original claim is complete I may miss the 1 year after discharge time frame to claim service related medical conditions or that it may delay my claim from being completed which has a possible completion date of sept 2015

Do I wait for original claim to be completed and possible miss the 1 year file date before I file an additional claim or initiate a claim now, your help is greatly appreciated!

I have provided this site to all members retiring from the Quantico area and other retired military members I run across, I thank you all for your great assistance that you provide to the entire military family!!

[jbasser]

Personally I would file the claim. You are retired with 30 plus years so you are in better shape than a lot of folks who file.

Dont worry about picking and choosing the claims as your effective date is more important. ( You dont want to lose money)

J

[289mustang]

Thank you for your response, that was my assumption. My service Rep gave me the opposite advice and I was a little concerned.

This is an exceptional site! Thank you.

[Navy04]

J,

Is on the money, but if you file now, it will slow the process of the other claim. May take years to complete. I was medically retired Feb 13, and I submitted an FDC in Sep 13, had exams and I should be 100% soon. I have other issues to claim, and I had til last week to file to keep the within year timeframe. To me it was not worth slowing up this claim, as I should be 100%. Only you can decide what is best for you. Good luck and keep us posted.

[john999]

File the claims during the first year after discharge. Chronic conditions that are claimed within one year of discharge are treated as if they occurred in service. If wait a few years now you have to prove the nexus between service and the disability. This can be very hard unless all these things are very well documented in your SMR's and possible personnel file.

[TiredCoastie]

Absolutely concur, John. It's better to not have to fight the nexus question by filing within a year of discharge. Don't know if there is any good solution to a fast claim response, and with 34 years of service medical records to dig through, piling on additional claims may not amount to much difference anyway. I had stuff pop up within a year of discharge, and am now fighting the nexus question...even with documentation within my SMRs pointing to the diagnoses.

[289mustang]

Thank you all for your responses. I I have read many threads here and I am going through many Neuro issues and periodic bouts of hand/feet just stop working properly so I was concerned with future issues. I was one of those who through 34 years tried to stay away from sick bay when I should have went. I only started to really go to sick call during the last 6 years.

I started to go to civilian doctors and when I requested a copy of my medical records I noticed they (all 4 of my doctors) do not record all the info or symptoms I tell them for example: I get stabbing eye pains 4-8 times a day that causes me to almost fall down or crash my car as I am driving that last 20- 45 seconds daily without notice. They annotate "eye pain at times , unknown origin, possible facial pain" or "patient states urinary issues" when I said multiple times "I am concerned because I am a training manager and I have issues of urine leakage that happens 3-8 times daily when I sneeze or move wrong, I give classes and it's enough that it's noticeable"

I thank all of you for your guidance, I was concerned with fighting the nexus connection.