Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Filing Claims During Presumptive Period

Rate this question


glashutte

Question

Can someone please clarify these concerns?

1. During the presumptive period after my ETS, do I file everything under one claim? Is it better to file everything under one claim or separately under multiple claims? I'm afraid of the doctors and staff looking over my claim and think I am 'malingering' even though they are all true. 

2. I do not have my actual medical record packet but do have a generalized medical data (still quite detailed) from Tricare Patient Portal via downloading from the Blue Button. Has anyoe had experience with this?

3. When do I submit my nexus? 

4. Do I need a nexus if I was seen during service by doctors and diagnosed for the condition I am claiming?

5. Do I submit proof (being seen by doctors during service, diagnosis during service) a long with my claim? Do you just send them the entire medical record or do you organize it so they can easily match up your medical history and each claim? It would be a pain for them to search through your whole medical history and at that point they may not even want to bother anymore...I assume.

 

 

Edited by glashutte
forgot something
Link to comment
Share on other sites

Recommended Posts

  • 1

I think you should read this article from the VA carefully- and click on the "chronic presumptives" to see if you fall into that criteria for any of these disabilities.

https://www.benefits.va.gov/compensation/claims-postservice-one_year.asp

This article and the regulations state :

"The post-service disease must be at a compensable degree (i.e., 10% or more disabling) within one year after the date of separation from service, with certain exceptions."

I assume many of these disabilities , maybe all of them would be listed on your Discharge Certificate.

Are you still  in the ETS process ?

and mentioned Tricare- meaning you have many many years in service...?

You can get a copy of your SMRs now, while still in service.Ask for copies of your Personnel records too.

If you are already ETS and out- did you attend the VA briefing?

If you do have "chronic presumptives" as identified in the links above, diagnosed while you were in the Mil, all you would need to prove, is that that they  have raised to a 10% level(which VA would determine  when they begin to work on the claim)

If not a "chronic "presumptive, then the disability (ies) would have to be filed for Direct SC as Gastone said.

I agree that you should try to get a good vet rep because some of the disabilities you want to claim might well be 'secondary' to something the VA would SC.If so those disabilities should be filed as secondary to the prime disability.

Also -if you have not been discharged yet , Now is the time also to get contact info from any Buddies in your unit- who might have to prepare buddy letters for anything you claim ,that would require an eye witness account. ....to prove it happened.,,,

If you have not formally left the Mil yet-do you expect a medical discharge and if you do, do you have contact with a PEBLO?

Lots of questions I know but we need more info.....

Maybe you are seeking comp under the Gulf War Presumptives:

 

Presumptive Illnesses and Military Service

For Gulf War Veterans, VA presumes that unexplained symptoms are related to Gulf War service if a Veteran has experienced them for six months or more. The “presumptive” illness(es) must have first appeared during active duty in the Southwest Asia theater of military operations or by December 31, 2016, and be at least 10 percent disabling.

This is from the latest Gulf War info at VA

https://www.publichealth.va.gov/exposures/publications/gulf-war/gulf-war-spring-2015/gulf-war-presumptives.asp

Gulf War SE Asia benefits have been extended to 2021:

https://www.stripes.com/news/va-extends-deadline-for-seeking-gulf-war-illness-benefits-to-2021-1.434547

There is more info here on the Gulf War presumptives.

The VA article mentions the nine infectious diseases as well as the 3 prime presumptives...I did a radio show on that -available in our Podcast archives.

This extension " applies to veterans who served in Southwest Asia from 1990 to now, including ones from Operation Iraqi Freedom and Operation New Dawn."

https://www.stripes.com/news/va-extends-deadline-for-seeking-gulf-war-illness-benefits-to-2021-1.434547

More info will help us direct you better.

 

Link to comment
Share on other sites

  • 0

I would file one claim as they all get put together.

Try to get your medical record and copy it before separation, it helps a lot, you are allowed to do this.

No experience with the blue button.

Your nexus would be the military medical records that show you have this condition.

Anything that you submit should be copies and it cannot hurt to support supporting medical documentation with your claim.

Good Luck

 

 

Link to comment
Share on other sites

  • 0
  • Content Curator/HadIt.com Elder

Agree.

File everything at one time. The VA will separate out all 10 issues. Being in the service, getting sick, and having to go to the doctor just once is often enough for some to believe you are malingering. It's like you are not allowed to get sick without permission. You are on the way out, time for you to look after yourself.

VA uses Blue Button via their myhealthevet site. Not sure if it has access to service records. You should be able to go into it, select all dates, place checks in all boxes for what to pull back, and then it should give you an option to save records to a PDF file or a text file. Do both. Trust me. It comes in handy to have it in both formats.

If you needed any imaging like CT scan, x-rays, or MRI's, try to get CDs with the actual digital images from the locations. Having the radiology report in your normal medical records is one thing, but I can't tell you how many times a doc told me they wish they could look at the actual imaging itself.

Never provide the VA with original copies of medical or service records.

Link to comment
Share on other sites

  • 0
19 hours ago, vetquest said:

I would file one claim as they all get put together.

Try to get your medical record and copy it before separation, it helps a lot, you are allowed to do this.

No experience with the blue button.

Your nexus would be the military medical records that show you have this condition.

Anything that you submit should be copies and it cannot hurt to support supporting medical documentation with your claim.

Good Luck

 

If my nexus is in my military medical records, do I need to attach this in an organized manner relating to each condition or will the VA figure this out themselves?

In otherwords, if I was properly diagnosed with the condition I am claiming during service within the past year (still in presumptive period), do I need to do anything extra to complete the nexus form?

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

I WOULD ATTACH IT

 We can't depend on VA to get our medical records  and the ones they do get may or may not be your nexus....so to be sure....> yes attach it to your claim as evidence (make copies) if you use  us mail  always get a return signed receipt.(presumptive period or not)

Actually any thing you have to support your claim  attach it.

Although they do have the duty to assist  sometimes they either over look things or just get what records they can get!

you want your nexus to be there.  for sure.

The way I look at the adjudication of claims I look to see what they may deny me on? not enough''medical'' evidence to make a ''decision'' is the norm...so medical evidence is an absolute key to win your claims.

Edited by Buck52
Link to comment
Share on other sites

  • 0

What Buck said.

As far as the nexus, if the military says you developed the condition in service that is your nexus.

Jeff

Edited by vetquest
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use