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vgorman0306

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Hey guys, 

 

     I don't know if I'm in the right place but i was needing some clarification. After fighting with the military for six years, the C&P examiner stated that my condition precludes me from any physical occupation. 

I developed asthma back in 2012, while in service. Is that typical wording for pretty much everyone? I guess my English isn't that great and i would like someone to please explain to me what that entails? The examiner 

also stated that there is a 50% chance or greater that my injury was incurred in the line of duty, does that mean that they service connected me? 

 

thank you for responding. 

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Based on the examiner's comments that you can't work any longer and it was 50%+ that it was service connected, sure sounds like you will receive disability compensation. You need to see what your award letter says before doing anything else. Do you have any other disabilities currently being paid to you? Or, do you have any other disabilities that were a result of your service, for example tinnitus and hearing loss that you have not submitted yet? Just looking ahead in case you aren't awarded TDIU.

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GBArmy

I only claimed Asthma. This is my first claim that I have filed. Apart from the typical side effects of being unable to do as much as I used to, nothing else happened within my military service. Granted, I'm 24 about to be 25 and used to be very active and fit but now im pretty much in bed most of the time. Things tend to be more laborious than before. It's depressing and I just want my life back again. 

I was curious to see how many people were in the same boat as me, and if anyone else had that "precluded" verbiage and how much they happened to be awarded. I should know something in 5-6 weeks. 

18 minutes ago, GBArmy said:

Based on the examiner's comments that you can't work any longer and it was 50%+ that it was service connected, sure sounds like you will receive disability compensation. You need to see what your award letter says before doing anything else. Do you have any other disabilities currently being paid to you? Or, do you have any other disabilities that were a result of your service, for example tinnitus and hearing loss that you have not submitted yet? Just looking ahead in case you aren't awarded TDIU.

 

Edited by vgorman0306
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GBArmy

I only claimed Asthma. This is my first claim that I have filed. Apart from the typical side effects of being unable to do as much as I used to, nothing else happened within my military service. Granted, I'm 24 about to be 25 and used to be very active and fit but now im pretty much in bed most of the time. Things tend to be more laborious than before. It's depressing and I just want my life back again. 

I was curious to see how many people were in the same boat as me, and if anyone else had that "precluded" verbiage and how much they happened to be awarded. I should know something in 5-6 weeks. 

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Asthma ratings are here:

https://cck-law.com/news/va-disability-ratings-for-asthma/

I assume you have asthma well documented in your STRs and it could be ( maybe)  within the 100% criteria, because it precludes physical employment-

This statement concerns me; however-

"The examiner 

also stated that there is a 50% chance or greater that my injury was incurred in the line of duty, does that mean that they service connected me? "

Only if the STRs reveal this as an inservice problem.

Did the examiner have your service Treatment Records when they did this exam?

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