Diagnosis Within 1 Year Of Discharge.

[BoonDoc]

I've read somwhere on here that if you have a medical diagnosis within 1 year it can be rated SC.

I was turned down for something that was diagnosed about 7-8 months of active duty. The diagnosis was made in a VA hospital.

Boondoc

[Guest jstacy]

It depends on the actual illness.

[Vike17]

If that illness falls under 38 CFR §3.307, 3.308, and 3.309, it can be presumed as service-connected.

Vike 17

[olenavygoat]

Like what has been previously noted; 1) It must be either a presumed illness/disease 2) Must be a ratable disease either way 3) Or must have the doctor statement stating it is "more likely than not" from military service.

Go thru every shred of records you have from the service and since leaving and try to get to the one that did the diagnosis to see how they worded their findings.

[Philip Rogers]

I've read somwhere on here that if you have a medical diagnosis within 1 year it can be rated SC.

I was turned down for something that was diagnosed about 7-8 months of active duty. The diagnosis was made in a VA hospital.

Boondoc

For principles relating to service connection(sc) see 38 cfr 3.303. I think it should be "as least likely as not," and then the benefit of doubt kicks in. In most cases you only need to show a 10% symptoms within one year of discharge, not the actual full blown disease.

[Pete53]

I think sometimes people confuse the 1 year with being easier to service connect within one year of leaving. The point is it meets less scrutiny if you APPLY withing one year of leaving.

However, that said having it diagnosed at a VA in less than one year of separation makes it pretty solid if you can find a Doc to link it.

Good Luck

[BoonDoc]

I'll have to wait and see my C-file, SMR, and VA treatment records before I can file anything.

[timetowinarace]

I think many don't file right away because they don't see themselves as 'disabled'. This hurts many vets because it is harder to estabish SC as time goes by.

I didn't file for quite a few years because I just wanted fixed. I feel that if I was able, I could earn a much better living financialy by working. This should go unsaid for most of us. I didn't look at is as a suplemental income or something to fall back on. I was very stubborn that I didn't need that kind of help. Only help to get better. Life was very tuff when I waited and found I could not work and the claims process was to slow to help before I lost most everything.

In hindsight, myself and every veteran should have these injuries/illnesses established with the VA as soon as possible. Not as being treated, but also for beniffit purposes.

In short, don't second guess what is ratable. File your claim. Then take the time to get the information you need. My 27 cents (due to inflation).

Time

[Philip Rogers]

I filed a VA claim just after I got out in 1969 and was given a full VA physical. I got 10% for Tinnitus. I didn't file another claim for 37 years. In 2005 and early in 2006, I have filed 7 additional separate claims. I haven't been rated for any of them, yet. Maybe, the VA will say that my problems didn't manefest themselves as they should have, earlier, and that there is no reason why they have only now became a problem 37 years later. I see that kind of logic as an excuse to grant a rating. People have reasons why they don't file.... working or living in foreign countries, no time, personal denial, not close enough to the VA to file, etc, etc. I think if you can establish SC, get a diagnosis, and a medical NEXUS, then, you have a good chance of winning even if its not in your service medical records or within 1 year of separation.

HOWEVER, in my case, I believe that since I filed within 1 year of separation and was given a complete 2-day physical, I have a good chance of winning and if I would not have done so in the 1 year period, that I would have a VERY difficult time winning, anything. For me, filing within that first year after separation was CRITICAL.

Am I right or wrong?

If I'm understanding you right, you originally filed for tinnitus and were awarded it. You don't state, or I may have missed it, whether you filed for other conditions, at that time. If you filed for other conditions and were denied you have an uphill battle. Not to say it can't be done, in some cases but once the deadline has tolled you'll probably need to CUE it, if you are trying for an EED. You will need some continuity of care or treatment, also. About the only one that doesn't need continuity of care is PTSD. Things like arthritis can be linked to traumatic earlier injuries.

[BoonDoc]

I agree with Terry Higgins on this one. You do not have to link it to service if it is diagnosed within one year of service. Why? Because any disease or injury that surfaces within one year of discharge is automatically considered service connected.

If you file within the 1 year of discharge, and have the medical evidence to suport the claim it likley will be granted.

However if you wait longer than one year it becomes harder to prove because you must show a Nexus. That is that the current problem must be considered to be a cause of the original problem. In this case you will benefit from a doctors letter "stating it is more likely than not" or that "there is a 50/50 chance that the disease is a result from" . Hope this helps....

Note: I have been rated for problems 18- 20 years after service, the key for me was to actually cite active duty medical records and provide a doctors statement stating he reviewed the records and that the conditions were started on active duty.. ( ie: COPD, tinnitus, Hemorriods, hearing,).

Hope this helps.....

All, I appreciate the info. Thanks..

Boondoc

Edited September 24, 2006 by BoonDoc (see edit history)

[john999]

Rickb

I think you overcame great odds to get your conditions SC'ed after all those years. You have something on the ball, Bro, as does Terry Higgins and other people who have fought their way from horrible circumstances by force of will and intelligence.

[Hoppy]

Rick54

You are right. Many medical and psych conditions can be serviced connected if some symptoms of the condition are noted by a doctor during service or within one year of discharge. There have been many veterans on hadit over the years who were originally diagnosed with symptoms of psych conditions and medical conditions who were service connected many years after discharge.

Each claim is won or lost on the medical principals involved. Only a doctor can make the determination if the symptpoms noted in the military are responsible for the current condition. I have seen initial post service treatment up to 15 years after discharge on a psych claim. It will be much harder for conditions such as back strains if you wait several years after discharge to seek initial post service treatment.

[Former Member]

EXcellent advise here-

from you all-

And the military itself is providing excellent briefings for new -to- be- discharged vets while they are still in service as to how important it is to leave with your SMRs, and to file a VA claim ASAP for any inservice med problems.They state how important the EED is etc in that first year after discharge.

Well I say they are providing- I only heard that from a few new vets-and these briefings might even be optional-there is a lot of other stuff they have to do for the full discharge process.I will have to ask my kid if it is optional.

She was USAF but went instead to the Navy briefing on the VA to fit it into the discharge schedule she had and said it was excellent but of course they didnt say how the VA really was- she said -based on what she knows about VA -being the daughter of a veteran-and all of our friends are vets-

she would have had to re-enlist for 7 more years if the briefing told it all about the VA claims process! :D

[BoonDoc]

Rick54

You are right. Many medical and psych conditions can be serviced connected if some symptoms of the condition are noted by a doctor during service or within one year of discharge. There have been many veterans on hadit over the years who were originally diagnosed with symptoms of psych conditions and medical conditions who were service connected many years after discharge.

Each claim is won or lost on the medical principals involved. Only a doctor can make the determination if the symptpoms noted in the military are responsible for the current condition. I have seen initial post service treatment up to 15 years after discharge on a psych claim. It will be much harder for conditions such as back strains if you wait several years after discharge to seek initial post service treatment.

It is for Bipolar II Disorder. I ended up in a VA pschy. ward while having a migraine headache, and was diagnosed with the Bipolar II while in there. The funny thing is the shrink (MD) had it too!

Anyway, I had all of this happen within a year of my active duty discharge, as well as Anxiety Disorder and depression. I have had treatment off and on since then from the VA, and private doctors.

I'm scheduled to see the new pcychiatrist in the outpatient clincic soon; the doc. said he wrote that I needed an appointment ASAP to adjust my meds. So that should be sometime before Christmas.

Actually I have no complaints with the VA Community Based Outpatient Care Clinics..the doctors are contracted out and they're my same set of doctors that I have seen for years in my home town.

I plan on opening a claim to Anxiety/depression and then one for Bipolar II Disorder, or maybe I'll do them both at once. I was denied for Bipolar but never appealed their first decision.

I know that it will be a battle, but I think I'll look into it.

I appreciate the advice very much.

Edited September 26, 2006 by BoonDoc (see edit history)

[john999]

Boondoc

I would open claims for all your emotional disorders. What they do is usually rate the worst one and give you a combined rating for all the conditions. So if you have PTSD, Bipolar and GAD you might get 70% for PTSD and everything else is combined in that rating. Unless you had the bipolar in service you got a problem with that. The PTSD would be something that you could have years later and not need in service medical treatment for it.