Ms KNG

[KNG]

Hello,

I recently filed a claim (2017) for Hallux Valgus (bunion) and was granted the 10% service connection that this condition warrants, because I had it surgically removed (status post left Bunionectomy, retained) while on Active duty (1997).  

I ETS’d from from the Army in 1998.  The treatment records of the condition/surgery is noted in my military records.  Although many details of my ETS physical are fuzzy after all these years, I do recall discussing the surgery, the bunion etc with the physician who did my exam.

Note that I filed the 2017 claim only after another veteran told me that I was entitled to an award for this....so I filed the claim and it was granted.  

My question is, that I thought that I was entitled to this years ago when I ETS’d in 1998. However, it seems nothing came of my mention of this at the exam....and as I said before the details of the exam are fuzzy....but I seem to recall being told that it was not awardable.....so was there a mistake somewhere?  Was there something I needed to do at that time? I assumed the exam was to note any potential service connected issues. Did I drop the ball, or the examiner? How can I figure this out?

If I was entitled to an award in 2017, why was I not entitled in 1998?

I hope that I’ve clearly articulated the issue/concern.

thank you

[broncovet]

Your effective date, in most circumstances can not be earlier than the date you first applied.  To get benefits from 1998, you would have had to apply back then.  

[kanewnut]

First off your question is horrible.This should say your title, not your question. Your question is fine, but your title is not going to encourage many people to look at your question. You need to read the parts about how to post a question. Again this should state title, not question.  Tbird states that you need some substance in your question so that people will look into it. Again this should state title not question.

This is posted on most every page I have seen - 

How to get your questions answered.

All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

Tips on posting on the forums.

1. Post a clear title like ‘Need help preparing PTSD claim’ ...
2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title ... 

 

On 4/8/2018 at 8:28 PM, KNG said:

I had it surgically removed (status post left Bunionectomy, retained) while on Active duty (1997).  

I ETS’d from from the Army in 1998.  The treatment records of the condition/surgery is noted in my military records.  Although many details of my ETS physical are fuzzy after all these years, I do recall discussing the surgery, the bunion etc with the physician who did my exam.

Did you get some type of letter from VA after your ETS? I think it would discuss the conditions you applied for disability. I got mine and I think they screwed up. I have a situation like you do.This is what Berta said about a similar situation 

If a vet gets a NSC rating that subsequently becomes a SC disability....it is common sense to consider the disability should have been SC all along.My last CUE award was based on that fact.

I suggest you repost all this with a much better question. That away more people will read it and respond.

Edited April 14, 2018 by kanewnut
Used term question when term title was correct

[Buck52]

As broncovet pointed out  no claim no award.

This is Unfortunate for the Veteran if we only knew to file our claims for any Service Related Medical Condition After leaving the military...your not the only one  Most of us fill that category fairly well my friend.

I understand what you mean here This would apply if you had filed a claim back then for this condition.

However, now that VA has  the VCAA as of Nov of 2000  (Veterans Claims Assistance Act) could help but since you never filed a claim  how can they help you or assist you?

so to answer your question as to Clear and Unmistakable Error...no errors has been committed.

Edited April 13, 2018 by Buck52

[Buck52]

KNG

You may want to file a ITF  (Intent to file) this starts your Early Effective Date and gives you a year to gather up evidence of record before you actually apply for the claim, Just remember to file  before the ITF Date expires.

 

[Buck52]

I wanted to point out that any questions a Veteran comes here to hadit to ask is not horrible.

We will do our best to find answers to all/ any Veterans Questions.

   All Veterans are welcome to ask any Questions related to the VA, Be that be Claims or HealthCare.

 

 I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice,
therefore not to be held out for liable

BUCK!!!

[vetquest]

3 hours ago, Buck52 said:

I wanted to point out that any questions a Veteran comes here to hadit to ask is not horrible.

We will do our best to find answers to all/ any Veterans Questions.

   All Veterans are welcome to ask any Questions related to the VA, Be that be Claims or HealthCare.

Thanks Buck