Jump to content
VA Disability Community via Hadit.com

 Click To Ask Your VA Claims Question 

 Click To Read Current Posts  

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Does time of injury matter for VA Claim?

Rate this question


Ranmic

Question

Does time of injury matter?  Basically I was looking over my medical record and remembered I went to medical while in boot camp twice for lower back pain sustained in training along with shin splints.  After a couple of treatments I just let it go so I could move on with training and really never went back.  I've had back and shin issues over the years and basically treated it myself, but at this point it is even worth wasting my time with a VA claim?  I'm assuming I don't have much evidence other than it being noted in my medical record while in boot camp.  I wish I had see this years ago, but I was just trying to get though boot and move on.

Link to comment
Share on other sites

Recommended Posts

  • 0
  • Moderator
13 minutes ago, Ranmic said:

Does time of injury matter?

Always keep the Caluza Elements in mind when thinking of filing claims. 1. An in-service incident, accident or event. 2. A current diagnosis and 3. A nexus or statement connecting 1. And 2.

For the most part symptoms must be active or chronic for about six months and a medical opinion that your current symptoms are at least likely as not caused by or related to your military service. As long as you can show the Caluza Elements, you should be fine, A lot of veterans self-medicated one way or another.

Link to comment
Share on other sites

  • 0
  • Moderator

Generally, NO.  The VA tried a "bogus denial" with me.  I had applied for hearing loss, and the VA denied stated, "its been too long since military service".  

This is bogus.  The Va is supposed to rate us "on the critieria" (and only the criteria!).  Whether we have purple hair, listen to rock music, wear shoes from Tiawan, or its been 30 years since boot camp are all irrelevant and not in the criteria.  

When you appeal, you can cite the criteria, which, of course, has nothing to do with "time since military service".  

As explained by pacman, the Caluza elements are relevant, and are a valid basis of denial.  

But also, there are symptoms.  Even if you meet the caluza elements, but have no symptoms, the highest rating you can expect is 0 percent, or more likely a denial.  

I dont know what your current symptoms are, but that is what is relevant, along with the Caluza's.  

If you have little or no current symptoms, and/or your issue causes "0" loss of work, it may not be worth it for you at this time, unless you think it may get worse over time.  (likely).  

In a nutshell, most suggest "go for it" if you think military caused a current injury.  

Link to comment
Share on other sites

  • 0
  • Moderator

If you got out and had no hearing deficiency listed, and then 20 yrs later you claim hearing loss, how do you think any competent audiologist is going to be able to derive a nexus from that? You're right, the criteria don't same "time out of service" but common sense would indicate that if you hadn't' complained about it in X yrs after, that other factors can cause hearing loss.

Edited by brokensoldier244th
Link to comment
Share on other sites

  • 0

I'm not sure how long ago you got out or if you have been seeking treatment for the issues.  As far as the back and shins claim go, I think you have an uphill battle.  I got denied back and neck claims even though I had an in service incident, treatment after service, and a Dr. who gave his opinion that they were connected.  Not any joe blow Dr., but one who is very familiar with VA lingo.  I did not keep treatment records and put in the claim 20 years after I got out.  The treatment records get destroyed after 7 years I think, so I had a gap in treatment.  Denied!  Sure I could appeal it and probably win, but I am 100% P&T so I won't bother.

I did get service connected for hearing loss 20 years after I got out.  I also got service connected for TBI that caused my lifelong neck and back issues.  

Link to comment
Share on other sites

  • 0
1 hour ago, El Train said:

I'm not sure how long ago you got out or if you have been seeking treatment for the issues.  As far as the back and shins claim go, I think you have an uphill battle.  I got denied back and neck claims even though I had an in service incident, treatment after service, and a Dr. who gave his opinion that they were connected.  Not any joe blow Dr., but one who is very familiar with VA lingo.  I did not keep treatment records and put in the claim 20 years after I got out.  The treatment records get destroyed after 7 years I think, so I had a gap in treatment.  Denied!  Sure I could appeal it and probably win, but I am 100% P&T so I won't bother.

I did get service connected for hearing loss 20 years after I got out.  I also got service connected for TBI that caused my lifelong neck and back issues.  

You can look into a cue or 38 CFR 3.156(c)

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use