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First time filer after 16 years being retired

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Al E.

Question

This will sound naive, but I retired in 2006, and have never filed a claim. A guy I work with said I was nuts and to do so. The amount of info online is staggering -- I'm not stupid, but the big question is: start with a VONAPP? Paper? VA office? VSO? State veterans office? I'm in Virginia (Lynchburg area).

Is it worth the trouble? I don't think the TAMP classes I went to before retirement did much in explaining benefits and disability compensation options. That said, I take responsibility and now am looking for the best advice on HOW TO START.

A specific question is: do I need to have current medical history for my claim? (for example, I had back surgery when on active duty, but that was 12 years before I retired...I suffer with back pain now, and don't have a doctor who I see for this...do I need to establish a current history? Or will the surgery be enough?)

Is post-retirement prostate cancer an eligible claim? What about other ortho issues (shoulder impingement, foot problems)...?

Like I said, this is pretty dang naive, but with your help, I at least can get pointed in the right direction. Thanks a million,

Al

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  • Lead Moderator

Ok so I had the same type of issue where I did not apply for benefits for 9 years after I left service.

You can set up an account on VA.GOV and you can submit a claim from there.  If you have a copy of your medical records this will help.  But you can start the claim TODAY and not finishs it until you are ready.  the first is in a couple of days and you will miss another month if you wait.  Also you have 1 year to finish the claim but it will hold todays date if you start now.  You can upload the documents later.

If you have a copy of your medical records from your time is service that will help.  You can also request them.

There are presumtive issues the VA can look at and you can just search what they are.  

You would be supprised what is in your medical records and they will help you.  If you were seen for it while you were in service, it does make it easier.

I would put down whatever issues you are having and let sort it out.  They might ask for more clarification, but other times they will find what they are looking for and just connect the dots.

The best advice is to start the claim today, and gather your documents and get the ball rolling.  The rest will fall into place and you will probably fight this for a while.  Come back and ask for help, as we have all needed it from time to time.  

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Welcome to Hadit, AI E.Agree with Shrek; get it it going NOW. Easy first tip. Call 800-827-1000 and tell them verbally that you want to file An Intent to File." That's all you have to do to lock in a new claim effective date. You don't even have to tell them what the claim is, but just do it. It will buy you time to submit a claim. Next thing is of course to start compiling evidence. If you back and it causes you pain, limited motion, arthritis, etc. start going to a doctor, private if you don't want to use the VA and get a diagnosis. You need a connection or nexus to your current diagnosis and the back injury in the service. If for example, you have arthritis in the spine. You want a diagnosis that you have it now and in your doctor;s opinion, "It is at least as likely as not that it was caused by your injury/surgery." If you don't use a doctor then the VA is going to deny as you didn't show continuation and saught med help over the years. So, you beat them by going now, show the connection. Stay on Hadit and ask quesrions. Also recommend getting onto VA.gov so you can monitor the claims process.

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Welcome to hadit.  

    My best advice is to go to your VAMC and consult with a Veterans Service officer, who will help you file for applicable benefits.  

    Yes, you are gonna need documentation of a "current disability".  This means a current diagnosis, as well as symptoms.  

    You will also need an "in service event", and a doc opinion that your current disability is related to your in service event.  

     Of course, we dont know the level of your current disability and I wont speculate on a disability percentage, "provided that" you can demonstrate its service connected as I outlined above.  

     The VA isnt gonna compensate you for "pain and suffering" in the military, that has resolved itself, and you no longer have pain and suffering.  You are compensated for ONGOING symptoms. 

Seeing a doctor about your condition(s) is the best way to document it.  

     You can get treatment "through the VA" or private treatment.  But, if you have "no" symptoms, your compensation will be, at best, 0 percent.  VA is gonna assume if it does not hurt enough to go to the doc, its probably not gonna hurt enough for compensation.  

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As Bronco stated, the VA will not pay for a disability/condition that has resolved and or not continued. What a lot of veterans do not understand is that disability compensation is paid for current, recurring disability symptoms.

One of the first things that I ask veterans is when was the last time they were treated for their conditions/disability, get your symptoms documented. The best thing to do is to seek treatment, this not only begins a paper trail of your symptoms it also gives the veteran an onset date and a diagnosis.

In order to be paid service-connected compensation your symptoms must meet the Caluza Elements which are: 1. An in-service event, accident and or incident. 2. A current diagnosis and 3. A nexus connecting 1. and 2. A nexus is simply a medical (doctor’s) opinion that states that your current disability is as least likely as not related to your military service. You must have all three unless your symptoms fall under one of the presumptive clauses.

Symptoms/conditions/disabilities must be active for at least six months and just because you had and accident, incident or event in-service does not mean that it will be service connected. The VA looks at it as, if you are not being treated then you do not have a compensable disability. So, don’t be a hero, if you feel your symptoms coming on, make sure you see a doctor to get them documented. Filing claims without the proper evidence is a sure way of getting a denial letter.

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22 hours ago, Al E. said:

I'm in Virginia (Lynchburg area).

i HIGLY recommend the Virginia Department veterans service program(VSO).....MR bebe from the salem VA helped me and many other veterans i know...they also provide free lawyers if you need to appeal to VBA(as i did)...the lawyer helps with drafting your appeal, any advice or suggestions for attending your appeal, and attends with you and represents you to the VBA. 

with the help from here and VDVS i was able to go from 30-100%....with no out of pocket costs...

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