Missed filing a VA claim within one year presumptive...

[IndySam]

Hi all

So I am trying to wrap my head around filing the claim within one year thing and it is presumed to be service-connected. I have googled and searched this forum, but I am still a little confused. 

So way back in June of 2007 (discharge Dec 2006) I went to the VA and enrolled for medical care. I sought treatment for my back, anxiety/depression/eating disorder. And started getting help. I also was approved for some program in the VA where they were going to pay for me to go to CDL school. I didn't do that cause I found another job on my own.

Anyway, no one mentioned I could file a claim. I thought I had to be missing an appendage or something.

So now 16 years later, will my visits to the VA hospital from 2007 count or be looked at favorably by the VA reviewers?

Thanks!!

Sam 

[pacmanx1]

I would say the most important thing is to file for service connection and to get those issues rated prior to being concerned about their effective dates. There are rare occasions where after a veteran is granted/awarded service connection, the veteran can then appeal for an EED (Earlier Effective Date) but that has to deal with the veteran actually filing a claim or the veteran has medical evidence of treatment records that could be used as a veteran seeking help as an initial request for filing a claim. Even though the VA has removed a certain regulation from their registry, that regulation could still be used for your benefit. As stated, your first step would be getting your claims granted then go for a better or correct effective date.    

P.S. You should go to the VAMC and request a copy of your VAMC medical records, through the Release of Information Office. These records are not your military medical records and are only at the VAMC. These records should show your diagnosis and treatment. You can go through them and submit them as part of your evidence and to support your claims.  

Edited October 3, 2023 by pacmanx1

[Dustoff1970]

Also you really should consult with a qualified and hopefully motivated VSO located at a VA regional office or VA hospital.  Their services are free of charge for vets.  You have a great many questions.

 

[Rattler]

Let me give you some guidance. But first I have to ask some questions.

Did you file an "intent to file" with the VA. What this means is you filed with the VA saying I want to file a claim for XX. An "intent to file" claim basically says you are going to provide the VA with more information with in one years time. (Service Medical Records, Doctors Reports outside of the VA Etc.)

If you did not do an "intent to file" you filed a direct claim and you have started the claims process. Each can be time sensitive.

Hopefully I can give you a step by step on how to do this. 

1. If you have not done so you will need to get your military records including you military medical records.

You need to do this now. You military records can take 1 to 3 Mo.

Your VA records can take 8 to 9 Mo.

Without them you are kind of shooting in the dark.

You need to sign-up with the VA at https://www.va.gov/?next=loginModal .

I recommend you use Login.gov to get your login above the others as it seems to work better than the others

https://secure.login.gov/sign_up/enter_email

This way you can track you claims, apply for other VA benefits'.

2. Go to the Non-VA doctors that have diagnosed you with XXX and get there medical records. Go through the records and pull out ONLY the ones that say you have XXX and submit ONLY THE RECORS THAT PROVE YOUR CLAIM. I can not stress this enough. The VA people who review your claim do not have the time to read through 500 pages of your medical history to pick out the 2 pages that says you have XXX. This will hopefully speed up your claim.

3. The quickest way to submit stuff to the VA is at this address. https://eauth.va.gov/accessva/#forVeterans . This is why you need to get the VA access through Login.gov.

Use the Quick Submit button and follow the instructions. 

This should get you going in the right direction.

Two words to the wise.

1. Do not rely on Youtube or other videos on the internet. There is a lot of misinformation out there. There is a lot of old information that doesn't work in today's VA.

2. When seeking a VSO with a veterans service veterans service organization the first words out of your mouth should be, "Do you have VBMS access." VBMS access is real time access to your VA claims file. There are a lot veterans service organization that have suto VSO that kind of only do intake for veterans service organization. What I mean by this is they are not "VA Certified Claims Agents." they are only trained by the veterans service organization to fill out forms and submit them via fax or mail. Only "VA Certified Claims Agents" have VBMS access.

Please don't hesitate to come hear and ask your questions at Hadit.com

 

 

[IndySam]

5 minutes ago, Dot09 said:

Unfortunately you missed your deadline. I recommend that you gather your records and submit a claim. Are you filing directly service connected and was there anything in the military that documents that?

At this point you miss the year deadline in order to file a condition within that presumptive period. Now you have to show that your condition was treated or documented in your service treatment records.

oh ok  I have a claim ongoing from all my issues. I am doing it on my own with help from this forum and youtube.

So my mental health issues are not in my military records and I never asked for help in service. 

 

[IndySam]

I appreciate all the help. I will look for a VSO with VBMS access too. 

 

I don't really understand how I would have qualified for VR&E back in 2007, I wasn't service-connected, not even 0%. Maybe they were talking about a different program or pulling my leg. 

 

I put a FOIA in for my VR&E info from 2007.

[Vync]

@IndySam The same situation for my Vietnam vet father. He retired from the service in 1990 for a 10% knees condition a a 0% SC heart issue. I was after him for years to file under the new Nehmer and PACT criteria. His bent brain was happening and he told me he filed for both, but he didn't. I did get him to file for a claim to hold his place in line, but he forgot to submit the final submission. My mother was not pleased and we got him officially submitted because the VA said he forgot to sign the claim forms. Don't know if the effective dates will hold up though.

As others have mentioned, the best course of action is to file and hopefully get SC for your issues. The VA has a lot of conflicting laws, rules and regs, but based on what I personally observed with my claims, I don't anticipate they will backdate your claim unless you have some pretty solid evidence that you 0filed in writing, online, or initiated a claim over the phone. Yes, it is totally wrong, but it feels like the VA tries to use the laws/regs/policies to see if you submitted instead of the more important medical evidence which proves diagnosis of a malady...