hypertension Is Any Disability Sc Automatic Rating?

[Jerry_O]

I was recently diagnosed at KC MO VA hospital for Chronic Obstructive Pulmonary Disease(COPD) and a subsequent sleep study for sleep apnea (sp). I was provided inhalers that I use four times a day.

I have been out of the Army less than a year. I still have a claim pending for MI, hypertension, neuropathy, ED, and increase in PTSD.

If sleep apnea is diagnosed as being what they suspect and I am provided a sleeping/breathing device do I still file for a claim for increase in disability?

Also, should I wait until my outstanding claim is adjudicated before I file a new one? Prior to entering active duty last period as a volunteer I was diagnosed with Gerd and skin cancer. I never claimed this however active duty provided medicine and care for both. I had a skin cancer lision removed recently.

I am 60% and really don't know that much on how to file and such.

Thanks so much.

Jerry

[john999]

Jerry

You want to get in all your claims before you have been out for more than one year. Usually, if you have a illness within one year of service the VA will probably consider it to be service related. After a year that presumption goes away for many diseases. File for everything before the year is up!

[Pete53]

Jerry:

Sorry for the health issues but you need to file before the year is up. Otherwise you step over to a much harder and longer wait.

[Berta]

Filing within one year after discharge means, if successful- the claim will be awarded retro to the day after you left service.

Presumptive chronic disabilities are within 38 USC 1112 and must have been manifested to at least 10% (by medical evidence) within the first year after discharge-

they are also listed in 38 CFR 3.309 (a) (2006)

Multiple Sclerosis has a 7 year , TB a 3 year and HAnsens disease has a 3 year criteria for the 10% medical manifestation to show up.

Presumption for Tropical disease, radiogenics ("Atomic" or radiation exposed vets), and former POWs are different regs too-

anyone filing for a presumptive disability within one year after discharge should make sure their disability is on the presumptive list as this presumptive list is limited to only certain diseases and chronic conditions.

[theotherguy]

Jerry,

I'm confused, are you service-connected for any of these disabilities yet? Specifically speaking, the respiratory conditions you listed are not considered presumptive disabilities but that does not mean that they can not become service-connected. VA's basic principles of service connection provides the following in 38 CFR 3.303(d):

(d) Postservice initial diagnosis of disease. Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. Presumptive periods are not intended to limit service connection to diseases so diagnosed when the evidence warrants direct service connection. The presumptive provisions of the statute and Department of Veterans Affairs regulations implementing them are intended as liberalizations applicable when the evidence would not warrant service connection without their aid.

If you are able to secure medical evidence showing that your respiratory impairment is related to your service either through a private practicioner or through a VA examination, the claim can still be granted. It will be much easier to do this now since you have only recently got out of military service and a physician will feel a little more at ease with providing an "at least as likely as not" opinion this close to your discharge from service.

FYI- If you are on a CPAP machine for your sleep apnea, you should receive at least a 50% evaluation. So the claim is definitely worth filing.

[jbasser]

Immediatly file a generic claim. It is a claim that acts as a blanket claim. You have a year from the date of filing the claim to add your information. It is impaRative it is done so you do not lose your efective date.

Example. I am filing a claim to cover any and all conditions that I have incurred in military service and during t he first year separation period.

That gets it started.

Edited April 29, 2007 by jbasser

[cowgirl]

I wonder about the advice to file a "blanket" claim. When I got out of the military, I was advised to file a claim and list current health issues. In the early 90s, I did the claim, some of the items were denied and I appealed the most "weighted" items in my opinion. Now issues non-service connected on that initial claim have surfaced as current health issues.I wonder if placing several issues on a single claim will delay or cause "queries" as to validity? Thought there was a regulation about that.

So I wonder, is submitting several valid health issues on a single claim a good path to take for many of us "been out for years" veterans? Or is it best for the "first year out" veterans "only"? cg

Quote/unquote

"Immediatly file a generic claim. It is a claim that acts as a blanket claim. You have a year from the date of filing the claim to add your information. It is impaRative it is done so you do not lose your efective date.

Example. I am filing a claim to cover any and all conditions that I have incurred in military service and during t he first year separation period.

That gets it started.

Edited April 29, 2007 by cowgirl