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SGT82ABN

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SGT82ABN

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I HAVE BEEN DISCHARGED SINCE 1980. IN 1999 I HAD A PANCRADECTOMY AND GAULBOLECTOMY . 10 WEEKS IN THE HOSPITAL 8 WEEKS  HOME RECUPERATING  . I ALREADY AM RATEDED AT 10 PERCENT FROM INJURIES I RECIEVED  WHILE IN SERVICE. MY QUESTION IS AM I ABLE TO RAISE MY DISABILITY PERCENTAGE? ANT ONE KNOW THANKS.

 

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How does this relate to being service connected?

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  • Content Curator/HadIt.com Elder

Welcome to Hadit!

36 minutes ago, SGT82ABN said:

I HAVE BEEN DISCHARGED SINCE 1980. IN 1999 I HAD A PANCRADECTOMY AND GAULBOLECTOMY . 10 WEEKS IN THE HOSPITAL 8 WEEKS  HOME RECUPERATING  . I ALREADY AM RATEDED AT 10 PERCENT FROM INJURIES I RECIEVED  WHILE IN SERVICE. MY QUESTION IS AM I ABLE TO RAISE MY DISABILITY PERCENTAGE? ANT ONE KNOW THANKS.

It is possible, but it depends on the disability.

For nonservice-connected disabilities, you need to first request service connection (SC):

1. Event/injury while in the service; or qualify for presumptive disability
2. Current diagnosis
3. Medical opinion/nexus connected 1 and 2

You can also get disabilities service-connected as secondary. This happens when a service-connected condition, or the medication used to treat it, causes a secondary disability. The same criteria above would apply.

 

For service-connected (SC) disabilities:
1. Medical records within the last 12 months showing you met the criteria for a higher rating %

Here is a link to the SCHEDULE FOR RATING DISABILITIES

 

Presumptive disability means that you meet the critera for being in a certain place at a certain time and have been diagnosed with certain maladies. Here is a link to the page containing information about presumptive conditions. I posted the relevant text below. https://www.va.gov/opa/publications/benefits_book/benefits_chap02.asp

 

Quote

 

Disability Compensation for Presumptive Conditions

Certain chronic and tropical diseases (for example, multiple sclerosis, diabetes mellitus, and arthritis) may be service connected if the disease becomes at least 10 percent disabling within the applicable time limit following service. For a comprehensive list of these chronic diseases, see 38 CFR 3.309; for applicable time limits, see 38 CFR 3.307.

All Veterans who develop Amyotrophic Lateral Sclerosis (ALS), also known as Lou Gehrig’s Disease, at any time after separation from service may be eligible for compensation for that disability. To be eligible, the Veteran must have served a minimum of 90 consecutive days of active service.

Prisoners of War: For former prisoners of war (POWs) who were imprisoned for any length of time, VA presumes the following disabilities to be service connected if they become at least 10 percent disabling any time after military service: psychosis, any of the anxiety states, dysthymic disorder, organic residuals of frostbite, post-traumatic osteoarthritis, atherosclerotic heart disease or hypertensive vascular disease and their complications, stroke and its complications, and, effective Oct.10, 2008, osteoporosis if the Veteran has post-traumatic stress disorder (PTSD).

For former POWs who were imprisoned for at least 30 days, the following conditions are also presumed to be service connected: avitaminosis, beriberi, chronic dysentery, helminthiasis, malnutrition (including optic atrophy associated with malnutrition), pellagra and/ or other nutritional deficiencies, irritable bowel syndrome, peptic ulcer disease, peripheral neuropathy except where related to infectious causes, cirrhosis of the liver, and, effective Sept. 28, 2009, osteoporosis.

Veterans Exposed to Agent Orange and Other Herbicides

A Veteran who served in the Republic of Vietnam between Jan. 9,1962, and May 7, 1975, is presumed to have been exposed to Agent Orange and other herbicides used in support of military operations.

VA presumes the following diseases to be service-connected for such exposed Veterans: AL amyloidosis, chloracne or other acneform disease similar to chloracne, porphyria cutanea tarda, soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma or mesothelioma), Hodgkin’s disease, multiple myeloma, respiratory cancers (lung, bronchus, larynx, trachea), non-Hodgkin’s lymphoma, prostate cancer, acute and sub-acute peripheral neuropathy, diabetes mellitus (Type 2), all chronic B-cell leukemias (including, but not limited to, hairy-cell leukemia and chronic lymphocytic leukemia), Parkinson’s disease, and ischemic heart disease.

Veterans Exposed to Radiation

For Veterans who participated in radiation risk activities as defined in VA regulations while on active duty, active duty for training, or inactive duty training, the following conditions are presumed to be service connected: all forms of leukemia (except for chronic lymphocytic leukemia); cancer of the thyroid, breast, pharynx, esophagus, stomach, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary tract (renal pelvis, ureter, urinary bladder and urethra), brain, bone, lung, colon, and ovary; bronchiolo-alveolar carcinoma; multiple myeloma; lymphomas (other than Hodgkin’s disease), and primary liver cancer (except if cirrhosis or hepatitis B is indicated).

To determine service connection for other conditions or exposures not eligible for presumptive service connection, VA considers factors such as the amount of radiation exposure, duration of exposure, elapsed time between exposure and onset of the disease, gender and family history, age at time of exposure, the extent to which a nonservice exposure could contribute to disease, and the relative sensitivity of exposed tissue.

Gulf War Veterans with Chronic Disabilities

Some Veterans may receive disability compensation for chronic disabilities resulting from undiagnosed illnesses and/or medically unexplained chronic multi-symptom illnesses defined by a cluster of signs or symptoms. A disability is considered chronic if it has existed for at least six months.

The undiagnosed illness must have appeared either during active service in the Southwest Asia theater of operations during the Gulf War period of Aug. 2, 1990, to July 31, 1991, or to a degree of at least 10 percent at any time since then through Dec.31, 2016. This theater of operations includes Iraq, Kuwait, Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Sea, and the airspace above these locations.

Examples of symptoms of an undiagnosed illness and medically unexplained chronic multi-symptom illness defined by a cluster of signs and symptoms include: chronic fatigue syndrome, fibromyalgia, functional gastrointestinal disorders, fatigue, signs or symptoms involving the skin, headache, muscle pain, joint pain, neurological signs or symptoms, neuropsychological signs or symptoms, signs or symptoms involving the respiratory system (upper or lower), sleep disturbances, gastrointestinal signs or symptoms, cardiovascular signs or symptoms, abnormal weight loss, and menstrual disorders. Presumptive service connection may be granted for the following infectious diseases if found compensable within a specific time period: Brucellosis, Campylobacter jejuni, Coxiella burnetti (Q fever), Malaria, Mycobacterium tuberculosis, non-typhoid Salmonella, Shigella, Visceral leishmaniasis, and West Nile virus. Qualifying periods of service for these infectious diseases include active military, naval, or air service in the above stated Southwest Asia theater of operations during the Gulf War period of Aug. 2, 1990, until such time as the Gulf War is ended by Congressional action or Presidential proclamation; and active military, naval, or air service on or after Sept. 19, 2001, in Afghanistan.

 

 

 

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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  • Content Curator/HadIt.com Elder

Thanks @broncovet

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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