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PACT Act - Asthma Question

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Rowdy

Question

Less than a year ago I filed a claim for shortness of breath and it was determined through the subsequent evaluations that I have asthma, however, it was listed as not service connected.  The original claim was made due to the "presumptive" considerations for those that served in the middle east, Afghanistan, etc.  Asthma is now listed under my current disabilities at va.gov, but again, no compensation of course due to the determination that it was not service connected.

With the new PACT Act, I see asthma is now listed as a specific presumptive condition and it even says specifically "asthma that was diagnosed after service." So my question is, should I go ahead and do the supplemental claim (since I was originally denied the service connection) or just wait for the VA to see this and correct it?  My guess is I should submit the supplemental now that asthma is a presumptive condition.

Any input or advice is appreciated.

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6 answers to this question

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  • HadIt.com Elder

Hi Rowdy Welcome to Hadit. No, you will be an old man if you wait for the VA to search you out. File an appeal right now. If it is less than a year, you may just want to do a HLR unless you have some additional evidence you want to submit. My thought is that if it was good enough when you submitted it the first time, you probably don't need any additional info now. Do it ASAP.

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57 minutes ago, GBArmy said:

Hi Rowdy Welcome to Hadit. No, you will be an old man if you wait for the VA to search you out. File an appeal right now. If it is less than a year, you may just want to do a HLR unless you have some additional evidence you want to submit. My thought is that if it was good enough when you submitted it the first time, you probably don't need any additional info now. Do it ASAP.

Thank you!

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  • Content Curator/HadIt.com Elder
8 hours ago, john999 said:

Yes, the VA will ignore your presumptive claim until you file on it.

Facts, unfortunately... 

"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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