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Chronic Diseases manifest within one year


Chris0341

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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) 

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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.

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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.  

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