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Found New Disease Within 1 Year Retirement; Disability?


cowgirl

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  • HadIt.com Elder

Shortly after retirement 10 months later) found I was asthmatic/ - other documented information suggest asthma at times, just doesnt spell it out. Makes me wonder with all that spray starch for the fatigues (before permanant press..) Also found Someone elses records in my Cfile; Makes one wonder! cg

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See if your doc is willing to write a nexus to military service for your asthma.

As far as finding someone elses records in your file try doing a www.zaba.com

search to locate the person. Then you can let the other person and the VA

know that our perfect system sucks !

JMHO,

carlie

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Guest terrysturgis

Cowgirl, I had someone elses records in one of my earlier decisions. I took it to my DVA SO and he got nervous and took it away from me to send back to the regional office. It had all the persons SS numbers, claim numbers, etc.

Now I'm not perfect, don't know anyone who is but you would think the decisions would be as accurate and error free as possible. Terry Sturgis

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Cowgirl,

Asthma is not on the presumptive list of disabilities as far as I know, so having that show up 10 months after retirement wouldn't warrent service-connection. If you were seen for respitory problems while on active duty but wasn't actually diagnosed, then you'll need a really strong IMO to make the connection to your current condition.

Are you saying that because of the spray starch everyone used for their uniforms it caused your current asthma??? Please don't take this the wrong way, but if that is your contention, then........!

Vike 17

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"all you need is to prove that within one year of service you had the disablity. You dont have to prove you got it from service or where it came from" Terry I agree with you and we both know what the law says but it all depends on the RO that you are dealing with. Montgomery appears not to believe in the "presumption" law and they deny all claims in which "presumption" is claimed based upon the fact that "the service medical records are void of any mention of X diease while in service". I guess they need more training on the law.

Vike is right - if it ain't on the list you are batting a negative 1000 from the start and will have to have it somewhere in the service medical records along with an undisputable IMO

Ricky

Edited by Ricky (see edit history)
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Ricky, if it is listed in the service record and you have a post service diaggnosis of a presumptive condition that is compensable, Then the Denial and statement "the service medical records are void of any mention of X diease while in service" And the Service med recs show it did exist is the basis for a CUE. That was what my claims were based on. It pays everyone that has filed a claim to go and seek out their C Files and read them very, Very, carefully.

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Guest rickb54

Vike is right!

Just becasue you have problems within a year of discharge does not make a medical condition service connected, unless it is one of the presumptive diseases. You must be able to show a diagnose of asthma while in service, or treatment of a condition with symptoms simulair to asthma. Then you must prove that the problem still exist by way of recent treatment. Once you do this, you will need a medical doctor to review your active duty medical records, and decide if the current medical problem is in fact connected to the problem you had on active duty. If you had no problems on active duty, then you will not be able to prove that it is a service connected conditon, that is unless you find a doctor who is very creative with words. I have Asthma, and l must say it is not a condition that just appears, it takes time and many attacks before it can be diagnosed properly. Many things can cause breathing problems, allergy to food, drug allergy, and smoking are three things that come to mind. Again Vike is right.... Just because a condition magically appears within a ten month period does not in itself warrant service connection. Spray starch might cause an allergic reaction but trust me it does not cause Asthma. Asthma is a breathing condition that does not go away, it can only be controled with medication, and there will always be shortness of breath, weezing, and chest tightness even on the good days. Mind you I am not saying you didn't or don't have breathing problems, spray starch could in fact cause you to have breathing problems, but it would cause problems fairly soon after contact, not ten months after discharge.

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