Va Disability Claim After Retirement

[ssgtschilling]

Hello fellow vets and active duty, I am a retired Marine. Retired March 2013 after 20. Semper Fi

I'm seeking assistance with a question. I currently have a disability rating with the VA (previous VA claim). Within 60 days of my retirement I had heart failure and had to get a pace maker and soon thereafter another surgical procedure on my heart. I am currently on meds to keep my heart working along with the pace maker. Not to mention anxiety medication.

I am seeking advice on submitting another VA claim. Is it too late? From what I have read so far it has to be within a year. Is that true?

I really appreciate any advice that you guys could offer me.

Thank you

Jason
SSgt, USMC (ret)

[jbasser]

It is never too late to submit a claim. The effective daye is the only issue. That year time frame only preserved date to day after retirement. Ths new claim will be dated as this. The date claim was filed or date condition arose whichever is later. The new condition may also have presumptive rules also.

J

[Berta]

"I currently have a disability rating with the VA (previous VA claim). Within 60 days of my retirement I had heart failure and had to get a pace maker and soon thereafter another surgical procedure on my heart. I am currently on meds to keep my heart working along with the pace maker."

Did you have anything symptomatic of heart disease in your SMRs and/or your discharge physical?

"Not to mention anxiety medication."

Do you have anything in your SMRs to support that as well....treatment for anxiety?

Jbasser is right.


Please read the Chronic Presumptive regs link here :

They are defined as
(1) a chronic disease becoming manifest to a degree of 10 percent or more within one year from the date of separation from such service;

and they include:
(2) The diseases specified in this paragraph are the following:
(A) Psychosis.
(B) Any of the anxiety states.

L) Atherosclerotic heart disease or hypertensive vascular disease (including hypertensive heart disease) and their complications (including myocardial infarction, congestive heart failure and arrhythmia).



"I currently have a disability rating with the VA (previous VA claim). "

Can you tell us the rating and what that is for?

Was the heart disease noted on the rating sheet? What was the date of that decision?

" From what I have read so far it has to be within a year. Is that true?"

The' within one year 'regulation means that if a vet files a claim, within one year after the date of their discharge, and their claim succeeds, the VA will award retroactive comp back to the day after their discharge.

In almost all other cases the date of the claim becomes the EED (earliest effective date for retro payment)

Also you need to read the CRDP/CRSC info here, as at some point you might be eligible for these additional monetary programs:







Thank you for those LONG years of service!

I am a civilian and the USMC provided me with quite an exquisite education at American Military University a few years ago.
Being the only civilian enrolled in their tactical warfare classes, you can imagine It was both horrible and wonderful.for me.

Semper Fi to you too!

[Waterhead7512]

See CFR 3.309 Diseas subject presumptive connection

[john999]

File a claim. If you let the year go by you will surely be screwed. I filed a claim during my first year after ETS and got an award. However, it being many years ago I did not know enough to file a NOD and appeal. I lost literally hundreds of thousands of dollars which I am still fighting to get back 45 years later. Your claims does have to be perfect, but you must file. If you had a heart attack two months after retirement the disease process must have been there for years. Did you get a discharge physical? How could any competent doctor miss such a condition that was about to go into the Red Zone. You must have had some physical indication of trouble. Often the heart is enlarged. This the medicos can tell from x-ray or any one of many tests. Did you have any symptoms of distress or shortness of breath?