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Initiating VA Claim After PEB Referral

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Hooah1002

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I went through a Fit For Duty evaluation in the National Guard last month, referred to PEB, still waiting on unit to submit packet.  Decided to start VA claim for percentage since the PEB ...process will be drawn out.  Talked to the local VA claims office today, they are telling me anything I claim has to be linked to active duty service....I'm thinking that not exactly true.  If the illness/injury is related to military service, regardless of status, it should be compensable (we can receive LODs on drill status).  I have 4-5 years of active duty, including deployment.  Can someone give me the straight story?

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Hooah1002, are you saying that they told you you would have to be on Active Duty status,(for example, deployed overseas or elsewhere)? I'm by no means an expert, but during drills and active duty for training purposes, that is also considered active duty. I'm definite on the "active duty for training purposes", and fairly sure on the monthly drills. Go over your cfile carefully, (complete military file, service treatment records, orders, etc), especially the orders, and note the periods you were considered active. Not certain which disabilities you are claiming, but try to link each to a period of either deployments or active for training. Think carefully over if there were any injuries, illness, during those periods of time. Look at your service treatment records carefully for any complaints that you were treated for. Go ahead and request ALL of your recs asap. Even if you had a preexisting condition, if it was aggravated during service, its compensable. Good Luck!!

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At the FFD board, they told me they would only consider those conditions affecting my ability to serve (neck, upper/lower back, and knees).  And since I didn't have LODs for anything (my bad for never going to sick call), then they referred me to the PEB vs. MEB.  When I talked to the VA, he made a comment about conditions being linked to Active Duty, but he may have also been referring to the PEB/MEB (he was a bit confusing).  Nothing was preexisting to my entering the service, but don't know how I can prove that.  I will pull all of my military and civilian records, will at least fight them on the neck/back/knees...for the VA, can include hearing loss/tinnitus, PTSD, and a list of other things.  It's just been frustrating because I feel like I'm in the dark (moreso on the military side than the VA side).....I'm glad for this forum and others, getting advice and insight from others who have been through this process.  Thanks for the advice!

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Hooah1002, I would get as much testing done as possible before discharge. Xrays, MRIs, etc. When a doctor or specialist look at the results, especially xrays and mris, they can tell pretty well what conditions have been going on awhile and the severity. May I ask what conditions you are going to claim, that would help.

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The VA did an MRI in January of neck and lower back, found out I have a bulging disk in my neck, impinging on foramina (?) space, have some radiating pain into left shoulder because of that. So for VA, I will claim:

- Tinnitus with mild hearing loss (can pass standard hearing test, but great difficulty hearing when there is background noise, haven't had SPRINT test)

- Cervical degeneration

- Degenerative disk disease (mid and lower back)

- Sacroiliac joint disorder

- Patellofemoral disorder, secondary to grade 3 arthritis in knees

- PTSD

- Chronic pain/fibromyalgia

- Degenerative scoliosis (mild curvature in upper and lower back, can probably prove that didn't exist prior to service, but may still not be considered service connected)

Arthritis will probably be service aggravated vs. service connected, even though I'm only 45.  I didn't even know I had arthritis until I fell first part of last year and tore the meniscus in my right knee (not service connected on that, happened at home)....but knee pain has been constant since surgery.

Fortunately, outside of the knee surgery, I've had most everything handled at the VA, so hopefully will make the process smoother.  It's the military that's making everything difficult, that's why I decided to go ahead and file with the VA to get a head start.

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Get your Enlisted personnel records and enlisted medical records. Get a Veterans Service Officer after you receive your records.

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Hooah1002, you sound like your squared away. Have you done Intent to files on any of the conditions? Intent to file is where you log onto ebenefits, go to file for disability compensation, and enter the conditions you are claiming. Then you save the application, and that gives you one year from the date you started and saved the application to collect evidence. If you do that within one year of discharge, if approved your effective date will be the day after you are discharged from your branch of service.

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