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Navyicvet

Is there a time limit restriction for filing a shoulder injury claim?

Question

During my military separation physical, I told the doctor that I had a injured left shoulder from weightlifting on the ship out to sea. It was the first and only time I mentioned it because I didn't want to be a burden at the time. That was back in May 2008. Since this time, I have always had pain in that shoulder that would come and go. But, fast forward to 2017 and my left shoulder has been in non-stop pain limiting me from doing many things people take for granted. During 2017 & 2018, I went to a pain doctor on three separate occasions for a steroid injection which helps temporarily and had an MRI to confirm my injury. My question is, with this information do you think I would be successful in filing a shoulder injury claim or not? I'm not sure if there are time limitations for this sort of thing, but I cannot raise my left arm above my shoulder without intense pain. Thanks for your thoughts, opinions, and help in advance. I appreciate all of you!

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Navyicvet,  No there is no time limit on filing a claim, but I have heard vets were told this.  Do you have your medical records?  If so find the pages that are relevant to this injury and photo copy them ASAP!  File your claim with Ebenfits/State VSO.  I have always had positive results with ebenefits.  Upload your supporting documents (medical records from service and your current ones to show how bad it is) they will still schedule you for a C&P.  

A piece of advice on the C&P make sure you tell the doctor when it starts to hurt ( don't try to be the tough guy) I did this far to often.  Just be honest about you pain and what you can/can't do.  

The longer you wait to file the longer you will wait for answers.

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The VA gave me this same BS, in writing, when I first applied in 2002.  They said it was "too long" since military service.  

I appealed, and the BVA agreed with me.  

The VA has to rate you on the listed criteria..and "time since military service" is not one of them.  Instead, here is what you do need, as always:

1.  current diagnosis

2.  in service event or aggravation

3.  Nexus, or link between 1 and 2.

    This said, you do need "documentation of an in service event".  That could be provided with your exit physical, you need to check it to see.  

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12 hours ago, broncovet said:

The VA gave me this same BS, in writing, when I first applied in 2002.  They said it was "too long" since military service.  

I appealed, and the BVA agreed with me.  

The VA has to rate you on the listed criteria..and "time since military service" is not one of them.  Instead, here is what you do need, as always:

1.  current diagnosis

2.  in service event or aggravation

3.  Nexus, or link between 1 and 2.

    This said, you do need "documentation of an in service event".  That could be provided with your exit physical, you need to check it to see.  

Thank you for this information. You do need that 5 star evidence to show the connection.  With that being said I have had 2 condition service connected by your statements and those who witnessed it happen if the medical evidence is not supported. Remember there is no garuntee they will accept this but it does not hurt from my experience. 

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also get a buddy statement

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Thanks guys, this is helpful. The only mention of my shoulder injury is in my separation physical conducted in April 2008. Since this time, my shoulder causes me tremendous pain just trying to move my arm above my shoulder level. I had two steroid injections in my shoulder for the pain last year and had an MRI comoleted. Will these instances be enough for a claim? (The one instance noted in my separation physical and twice last year). My MRI shows shoulder damage as well. Thanks! 

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