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Can I file a claim even though the issue is not documented in my medical records?

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Knees-n-Da Breez

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Hello My fellow service members,

I was a member of the the 82nd Abn Div years ago. I often complained about my knees since leaving and even filed a claim about it. The claim was denied because there was no proof that the military caused it. I never complained about it then or went to sick call because in my unit, going to sick call was frowned upon (young and dumb). The situation with my knees has gotten worse. Is this a battle worth fighting? If so, what should I do? Thanks!

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Just tell them the truth- Your knees were injured in the jumps, you didn't want to report it because you thought it would get better- And you'd be called a Bravo Delta and your career would go away.

Explain how military parachutes come down quickly to minimize exposure to enemy machine guns- And how surprised you were at the sounds of impact of others coming down around you in the DZ while you gathered your parachute

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On 3/5/2017 at 7:05 PM, Gastone said:

Mike, I've had a 2 or 3 Reg A$$ claims prior to the FDC Program and 5 FDC's since 2014. All my FDC's have been C & P'd within 2 mos and Award & or Denial Decision letters received within 6 mos of filing the Claim.

You may or may not be right regarding "no Difference" in VA Rating Dept Development and processing of all claims.  I don't believe non-FDC claims are being decided within 6 mos, at least based on Vet's I talk to and see here on Hadit.

Semper Fi

Initial processing is based on tracked items coming due- and days in queue or days at RO. There's no discrimination for non FDC.

It, like everything else at the VA, is just carefully manufactured bureaucracy. The VSR gets in trouble if s/he doesn't add FDC flash or FDC Excluded flash, or send an FDC excluded letter when appropriate. Those actions do nothing for the Veteran.

Past the development stage (i.e., rating, authorization), I can't speak.

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I think I'll still stick with and advise others to go the FDC route.

Semper Fi

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  • HadIt.com Elder

My first claim was just regular filing  ''green horn'' took 4 years NOD's /DRO Hearings ect,,ect,,, to get that claim approved, and then I have 3 FDC Claims that went smooth and approved In no time  couple months at the most....all my conditions were Vietnam Incurred.

I believe the FDC prevents a lot of Backlog and  is decided one way or the other faster.....jmo

but then again every veterans claims are different and the way they present their evidence makes a big difference in my opinion.

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Put in your intent to file on EBenefits, then you have 1 year to get it together and submit the FDC.

 

Dont forget your own lay statement, anyone who knew you were airborne back then can also provide lay statements, as well as, anyone who has known you through the years and has knowledge that you have knee problems.  It should have been an ongoing condition over the years, so employers, non service related medical files, family members all can testify that you complained about knee pain/problems.  The VA cannot discount this testimony without cause, cause would be that someone attempts to provide a medical explanation as to the physical condition when they are not Doctors...so keep it simple.  Properly done, lay statements are powerful testimony on your behalf.

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  • HadIt.com Elder

ITF are good for an EED  ''earlier effective date'' (12 MONTHS ONLY) but in the end you still need your in service event and prof by medical evidence, Service connection can be done with Buddy statements and members of your unit or C.O.  OR Platoon NCO , However Medical records is a veterans best friend  when it comes to ratings for compensation Benefits.

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