Chris0341 Posted December 14, 2023 Share Posted December 14, 2023 according to CFR 38 3.309 chronic disease that manifest within one year of discharge shall be granted service connected. It goes on to list conditions like Cardiovascular-renal disease. Question is I had renal disease and lost my kidney shortly after discharge. I was unaware of my condition and only found out till a few months after discharge. Secondly. I never had cardiovascular disease. Only renal disease. So my question is , is renal disease alone service connected under CFR 38 3.309 (A) Link to comment Share on other sites More sharing options...
Community Owner Rattler Posted December 14, 2023 Community Owner Share Posted December 14, 2023 Where did you serve and when. If you can link it to your service like burn pits with the pact ACT it will untimintly depend on your discharge date and how far out you are from that date. Link to comment Share on other sites More sharing options...
Moderator broncovet Posted December 21, 2023 Moderator Share Posted December 21, 2023 Probably, if you apply within a year of exit from service. Generally, you get an entrance physical. Then, when you get out, you get an exit physical. Conditions that occur in between the period from your entrance physical, to one year after your discharge are presumptive, but that is rebuttable. An example of the rebuttal: You have no knee issues noted on your entrance physical. Upon discharge, you also have no knee issues noted. However, you get into an automobile accident and damage your knees within six months after military discharge. VA could likely rebut your presumptive based on your automobile accident which damaged your knee after military service. However, absent this rebuttal, if your health is clean going in, and you are sick within a year of exit, the presumption is you got it from military service. This would appear to apply here. I would suggest you apply. Its always best to apply within a year of exit from service whenever possible, because of this presumption. Link to comment Share on other sites More sharing options...
Dr_Dave Posted December 21, 2023 Share Posted December 21, 2023 I think you're good to go, but file your claim now, or very soon in any case. Link to comment Share on other sites More sharing options...
namvet6567 Posted December 21, 2023 Share Posted December 21, 2023 File the claim today!!!!!! The longer you wait the more it costs you when you win!! jmo Link to comment Share on other sites More sharing options...
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