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I Need Help

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I was diagnosed with Asthma in training...after two months and 5 days in. I was a convience of the government..which states that my performance deteriorated...for asthma. I decided to file a service connected claim. I was given a c m p and pft. 2 weeks later my claim came back as denied. because the c m p examiner claimed that my condition was pre existing...and she had no evidence to back up the claim. she reworded what I said. and omitted the pft test, and put down it never happened. what do I do?

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Burns: When your inducted into military service after passing the induction physical, your considered to be 100% Physically & Mentally good to go, unless there is a preexisting medical or mental DX in your civilian medical file. Soooooooooooo unless you perpetrated a Fraud on the Crotch, any medical or mental conditions that develops and you receive a Med DX of, should eventually get a Service Connection.

File your NOD to the Denial, requesting A DRO Review with a Personal Hearing. Mail it US Mail Cert Return Receipt. Do this now, don't put it off. It will be at least 2-3 years before your hearing and that should give you plenty of time to research your situation and get any and all medical evedence into the VA. As you get New Evidence, send it in immediately to the VA with an accompanying Statement in Support of Claim. It could and should cause a VARO automatic Review of your Denial by a Senior VA Rater and or actual DRO. This review may get you an Award much sooner than your requested DRO Hearing or a Supplemental Statement of Case if the Denial is Continued.

What exactly did your Denial state as evidence for Denial? If you haven't already done so, file a request for your complete Service record to include all service medical records. Would be a good idea to file a FOIA form with the VA requesting your complete VA C-File. Took me almost 16 months to get mine is past 01/2014.

Semper Fi


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    • A. I was previously denied for apnea – Should I refile a claim?
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