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!!

[NavyWife]

Just like everyone else has said, definitely file those additional claims PRIOR to your 1 year from discharge . Yes, it will slow down your claim & maybe that's why your service rep advised against it. But even if it adds 6 months to a year now, that is WAY better than having to do an appeal later.

[broncovet]

I never cease to be amazed on how VSO's are sometimes "toxic" to your claim. Waiting to file another issue would be disastrous...you have a year from discharge to file, and, after that, your burden to prove the condition is service connected is increased.

Dont even think about waiting to file all your claims. The later you file..the later your effective date. It will cost you money taking his advice. Suggest to your VSO he waits to turn in his hours for pay until he gets paid next year. You need a better VSO.

[meghp0405]

I would suggest waiting 10-11 months, then submitting your additional claim. You will still be within the one year for your effective date. Give your first claim a chance to work itself and get completed. I have assisted veterans that have been in the same situation as you explained. The VA combined their claims, took it out of the FDC process and made it a normal claim. Each VARO has their own time frame for adjudicating their claims.

I submitted over 625 fully developed claims last year on behalf of veterans. I have never seen any FDC go over 8 months long.

Again, I would seriously suggest you wait before submitting additional claims.

[71M10]

I would file everything NOW.

Keep in mind, people who file a FDC are releasing the VA from the requirement of assisting them in developing the evidence. I expect in another year to year-and-one-half we will start seeing some BVA decisions that address just what people gave up for that VA promise of expedited decision making.

Yes I am a skeptic and paranoid, They intended to gain something by offering this FDC option. The butchers bill will be due soon and I suspect veterans that were desperate for the VA to act will be getting to pay the price.