Need To Know What Types Of Claims To File

[jlumb]

at age 17 enter marine corps, march 3,1970. during boot camp injuried right knee. discharged out after 51 days, honorable discharge, RE-3p type of certificate issued DD form 256 mc , on medical board report it states [ according to the man's own statement,accepted by the board,he has had difficulty with his right knee for about six years following a tractor accident. surgery was recommended but not proformed. he stated he revealed this history to Afees personnel,but the knee was not examined, and he was told that it would be examed at MCRD,san diego. the condition was noted during initial screening at MCRD. however he was given a trial of duty ] filed for claim in 1979. RATING DECISION due to the short period of veterans service and a notation that this was noted at initial screening at the marine corps center,service connection is not in order.. medical records MCRD dated 7 MAR 1970 there is not any notation of a knee injury please excuse my hunt and peck style of typing

[Navy04]

Welcome aboard and sorry to hear of your issues, as I have had multiple knee surgeries. It looks like there is nothing there bud. It sounds like your knee issued was documented as before you entered service and I think that you did not complete the time needed to serve for benefits. I really don't know what you are asking, as you stated in your own words that the injury was prior to service. Good luck and God bless

[Buck52]

I think this veteran has a legal argument, the VA did not change the regs to have serve 24 months until 1980 so he should be grand-fathered in , in this case. he served in 1970, even with a medical discharge from basic training he should have a DD-214.

even though he had this injury prior service & he may not be SC for it but he should be able to get VA Health Care.

jmo

......................Buck

Edited June 26, 2015 by Buck52

[Fat]

Aggravation of a preexisting injury is the type of service connection you should seek.

Unfortunately you didn't continue the original claim thru the appeal process, so new &material evidence would be needed to reopen the claim.

I don't think you are dead in the water if you can get the claim reopened.

Obviously if they allowed you to enlist and subsequently your condition worsened to force you out, you have elements of aggravation of a preexisting injury.

Ask good questions on HADIT and NEVER GIVE UP.

[Berta]

yes, this could definitely be an aggravation claim.

Do you have proof of continuous and current treatment for this condition and no other post service injury or accident that the VA could blame 'aggravation' on?

I am surprised they didnt make you sign a waiver saying you would never claim it....I think it was just the Navy that pulled that BS in those days however.