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Cardiovascular-renal disease?

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Chris0341

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According to CFR 38 3.309 chronic disease (A) Cardiovascular-renal disease if manifest within first year of discharge shall be presumtive service connection. My question is that I need clarification of the law as I had renal disease leading to renal failure, however I never had any cardiovascular problems. I am trying to get my chronic kidney disease services connected based on the stated law above. Can anyone help clarify please

 

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Chris 

Welcome to hadit.  My answer, "in redneck" is "Go for it, get er done".  In Army lingo, its "you are good to go". 

     Im gonna leave "interpretation of VA regulations" to attorney's and judges, as my interpretation is pretty much meaningless no matter what it is.  

    However, I did review the regulation you cited, which stated, that the limitations under 38 CFR 3.307 applies.  

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Of course, IDK YOUR periods of service.   But, I will give this general advice:

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When in doubt, apply for benefits.  

    Veterans get the "benefit of the doubt", on their claims, to include yours.  The sooner you apply, the better, and more likely you are get awarded them.  This is especially true if you are seeking benefits within the first year after exit from service.  Do NOT

Wait that year out without applying, hoping you will find that "perfect regulation" that guarantees you get benefits.  Remember, VA can rebut that one year from exit from service presumption, for example, if you have a car wreck outside of the miitary, and sustain injuries unrelated to service.  

   My advice, therefore, is to apply for benefits if you have not already, and, if you have been denied, then read and re read your denial letter, and strongly consider an appeal if you dispute the result.  

     The good news is that Veterans are not required to have an advanced law degree in interpreting VA regulations before, after, or during the benefit process.  

      I will add that many of us have had that "Aha" moment when we read a regulation or case law, and say, "Gee that applies to my situation, I should get those benefits".  And, sometimes we are right, but I have found that Im often wrong, and often wind up getting benefits via a regulation or case law I never considered.  Judges generally consider individual regulations "not in isolation" but part of all regulations.  So, when lay people see a regulation "in isolation" they may have not considered other regulations which may support a favorable outcome.  

    I can suggest its highly likely you get to learn more about this and other regulations after you have completed your claim, and especially after its awarded.  

     

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It sounds like you a Nexus problem. Do you have in service connection or in service treatment that is connected  to your renal failure? If not than you need a doctors letter (Nexis letter) connecting it to an in service event or cause. (like the PACT ACT) The second question is did you get treatment with the VA with in one year after you left the service. If not or you can't prove that you did get treatment than  38 CFR 3.307 will not apply to you. To give you a good answer we will need more infomation.

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