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Military Disability from Disease

Discussion in 'Military and Veterans' started by PatO, Apr 7, 2016.

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PatO DI Forum Luminary Highly Rated Poster Showcase Reviewer Veteran Marines

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This may be a little personal but is anyone aware of a Vet receiving disability benefits from a serious illness while serving? I am thinking about applying but it would be costly for me to go to Manila (could not go on my own) if there is little chance of an award and I would only be requesting medication. Thanks.

PatO, Apr 7, 2016

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Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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I knew of an NCO that was diagnosed with diabetes (not the kind you get from being overweight) while in the military and received 80 or 90% disability from it. I don't know what your chances would be of getting disability after being out for a very long time though.
- Thanks x 1
Rye83, Apr 7, 2016

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AlwaysRt DI Forum Patron Highly Rated Poster Blood Donor Veteran Air Force Marines

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Wrye83 said: ↑

I don't know what your chances would be of getting disability after being out for a very long time though.
Click to expand...

It has little if anything to do with time, it's more about documented active duty medical records and/or meeting requirements for one of the 'presumed' categories.
- Agree x 1
AlwaysRt, Apr 7, 2016

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nwlivewire DI Senior Member Showcase Reviewer Blood Donor Veteran Army Navy

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Wrye83 said: ↑

I knew of an NCO that was diagnosed with diabetes (not the kind you get from being overweight) while in the military and received 80 or 90% disability from it. I don't know what your chances would be of getting disability after being out for a very long time though.
Click to expand...

PM me PatO. I have some potential resources your situation MAY be in need of....

V/R,
nwlivewire
- Like x 1
nwlivewire, Apr 8, 2016

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Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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AlwaysRt said: ↑

It has little if anything to do with time, it's more about documented active duty medical records and/or meeting requirements for one of the 'presumed' categories.
Click to expand...

The VA does have time limits on making claims.

nwlivewire said: ↑

PM me PatO. I have some potential resources your situation MAY be in need of....

V/R,
nwlivewire
Click to expand...

Please do share with the rest of us (minus any personal information you don't want anyone to know about).

Rye83, Apr 8, 2016

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DaveD DI Senior Member Showcase Reviewer Veteran Navy

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Wrye83 said: ↑

The VA does have time limits on making claims.
Click to expand...

Only one I am aware of is are you still alive and is the injury service connected? I filed 17 years after I got out of military and still got rated!

DaveD, Apr 8, 2016

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Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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DaveD said: ↑

Only one I am aware of is are you still alive and is the injury service connected? I filed 17 years after I got out of military and still got rated!
Click to expand...

Seems you are correct. I remember being told not to wait more than 10 years.....but that was from second hand sources and not directly from the VA.

I know this is a "blog".....but it appears to be a VA/government ran blog (.gov), so I believe the information would be factual.
Some Tips for Filing a VA Disability Claim - VAntage Point

Recommendations

Dealing with large organizations can be frustrating. Some things that appear clear and certain to you may not be to others. Additionally, legal requirements can sometimes be confusing and time consuming. To have the best experience possible I recommend the following:

1. If you are still on active duty and thinking about getting out and filing a claim, go through the Benefit Delivery At Discharge or BDD program at your installation. To qualify you must have between 60 and 180 days left on active duty. We will take your claim and get you examined before you go home. Normally, decisions are available about two months after you separate or retire.

2. If you are still on active duty but have less than 60 days to go, you can still file a “Quick Start” claim. Quick Start claims are processed at dedicated facilities so decisions are quicker for most Veterans.

3. If you are out of service for less than a year, think you might have a claim, but are unsure if you want to “go through the hassle” apply. The evidence is fresher and cleaner, there are unlikely to be what we refer to as “inter-current injuries” (i.e. you back hurts a little but when you get out you get a job as a long hall truck driver or a construction working and don’t file a claim for years. In such cases even if there is some documentation of “something in service” without evidence of treatment for the condition within the first year, service connection is less certain).

4. If you’re concerned that it might not be appropriate to take money for a condition because “I’m fine, was just doing my duty and I have a job”–there are a lot of people who feel that way–consider this. I think you should file your claim. If granted you can always decline to receive the money. If, at a later date, your condition worsens or you age and it interferes with our work, or you decide you want compensation after all you can always contact us. That way we will examine you and determine your current level of disability. We won’t be trying to determine whether you warrant service connection in the first place.

5. If you have been out of the service longer but still think you have a condition related to your service apply! There is no filing time limit. It just might be a little more complex and take a little longer because of the need to develop more records.

6. Our goal is to complete all claims within 125 days or four months by 2015 with 95 percent accuracy. Right now more than 30 percent of our claims have been pending longer than that. Some claims, such as those involving participation in nuclear tests, covert operations, military sexual trauma or other similar circumstances where records may be difficult to locate can and frequently do take longer, sometimes much longer.

7. To meet the challenge of a rapidly growing claims volume, VA has been provided with significant numbers of new staff in the last couple of years. Their jobs are complex and it takes a while to become fully qualified so if you think we made a mistake, ask you may be right. As I said earlier, one of our goals is to get our quality level to 95 percent by 2015. Currently our quality level is 84 percent. While a significant portion our quality problems reflect process errors rather than errors in the final decision with respect to the granting or denying of benefits, rates paid and effective dates of payment, we do make mistakes.
Click to expand...

How You Can Help Yourself and VA

The claims process doesn’t need to be a hassle. Here is what you can do to help yourself and VA:

1. Communicate, communicate, communicate

2. Appoint a representative. While there are attorneys who will represent you for a fee, it is rarely necessary to pay to have your claim processed efficiently and successfully. National Service Organizations such as the Disabled American Veterans, Veterans of Foreign Wars, American Legion, Vietnam Veterans of America, Paralyzed Veterans of America, as well as State Departments of Veterans Affairs or Veterans Commissions and County Veteran Service Officers can give excellent assistance and its free. Call your local regional office to see what organizations are available at that office.

3. Consider what you want to claim. Many Servicemembers and veterans have been told they should go through their service medical records and claim everything they have ever had or been treated for. While you can do that, it is likely to significantly increase your frustration level, result in unnecessary examinations, and slow the process without getting added benefits. You should not claim acute disabilities or illnesses you had in service unless they left a residual. For example, if you got the flu in service and got over it, the claim will be denied. On the other hand if you broke your leg and recovered from it you should claim that because the fracture, if found on x-ray, can be service connected. While it might only warrant a zero percent evaluation now, if you develop arthritis at the site later, you are covered. Don’t claim things like personality disorders, baldness, the fact that you wear glasses, or similar kinds of things because they are considered “constitutional or developmental abnormalities” that you would have gotten whether or not you were in service. The law doesn’t permit payment for these. Don’t claim lab results like hematuria (blood in the urine) or high cholesterol. We don’t pay for those either. On the other hand, you should claim pseudofolliculitis barbae (a skin condition that affects some black people).

4. If private providers have treated you, get the records and send them to us. While the application you fill out does offer the opportunity to sign a release and we will request the records for you, we cannot compel providers to send us records nor can we pay for them. It is my experience that many times–maybe even most–when VA sends a release a private provider, the provider ignores the request. If the provider does respond, many times they will ask that we pay them in advance for the records. In either case, we will have to write to you and tell you that if you want the records considered you will have to get them and send them. In the worse case this can add two to three months to the process.

5. Show up for your examinations.

6. The first thing you will get from VA once you file your claim is a lengthy letter commonly referred to as a “VCAA letter.” This is a letter required by the law that tells you what we will do, what you will be expected to do, and in very general terms tell you how we will decide. The letter may also include specific requests from your local regional office for information. Read it carefully for specific requests for information from us. Finally, the letter offers the option of completing an attachment telling us you have no more information. If that is the case, complete the form and return it immediately. If you don’t and you have no more information, we will wait for 30 days before proceeding for no good reason. Even if, during the course of working the claim you do get additional information you can always submit it when you get it.

7. When you get your decision, read it carefully. It will have attached to it the text of the actual rating decision explaining why we decided what we did. If you think our decision didn’t consider something, didn’t cover a topic, or is wrong, call your representative right away. If we have made a mistake, we would rather just fix it now than get involved in a lengthy appeal that isn’t terribly satisfying for you or VA.

Final Note: VA exists to serve those who served and their survivors. I have worked for VA for over 36 years and the overwhelming majority of people who work for VA are committed to the mission. If we are not clear or you think we have made a mistake, let us know so we can both fix it, and provide a learning opportunity for our staff to serve other Veterans better.
Click to expand...

Number five in recommendations says there is no time limit:
"5. If you have been out of the service longer but still think you have a condition related to your service apply! There is no filing time limit. It just might be a little more complex and take a little longer because of the need to develop more records."

The longer you are out the harder (and more time consuming) it is going to be to locate your military medical records. So while there is no time limit on filing it would be beneficial for everyone involved to do it as soon as possible.

Rye83, Apr 8, 2016

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AlwaysRt DI Forum Patron Highly Rated Poster Blood Donor Veteran Air Force Marines

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Wrye83 said: ↑

The VA does have time limits on making claims.
Click to expand...

DaveD said: ↑

Only one I am aware of is are you still alive and is the injury service connected? I filed 17 years after I got out of military and still got rated!
Click to expand...

That is the only one I am aware of also. I didn't file until the financial crisis in 2008 beat the cr@p out of me and I no longer could afford to continue paying for physical therapy on my own. Filed in 2011, also 17 years after discharge and got rated. I am sure the last 3 years getting therapy twice a week, documented in an inch thick of active duty medical records helped significantly.

AlwaysRt, Apr 8, 2016

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DaveD DI Senior Member Showcase Reviewer Veteran Navy

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Wrye83 said: ↑

Seems you are correct. I remember being told not to wait more than 10 years.....but that was from second hand sources and not directly from the VA.

I know this is a "blog".....but it appears to be a VA/government ran blog (.gov), so I believe the information would be factual.
Some Tips for Filing a VA Disability Claim - VAntage Point

Number five in recommendations says there is no time limit:
"5. If you have been out of the service longer but still think you have a condition related to your service apply! There is no filing time limit. It just might be a little more complex and take a little longer because of the need to develop more records."

The longer you are out the harder (and more time consuming) it is going to be to locate your military medical records. So while there is no time limit on filing it would be beneficial for everyone involved to do it as soon as possible.
Click to expand...

That may be accurate for people getting out of Military service in the digital age but being that when I got out everything was still on paper and I was not even notified that the VA was available to me after being severely injured on active duty and basically forced out medically. When I did file I was granted disability the first time no questions asked and it only took them about 2 months which is lightning quick for the VA because it was all very well documented in medical records at Bethesda where I was treated. Unfortunately the disability rating was 17+ years after the fact. Maybe I just fell through the cracks? IDK.

DaveD, Apr 8, 2016

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Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

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If I may, can I just ask a very simple Question here?
What happens if after all the Medical Records are gathered, checked and verified, it turns out it was a Pre- Existing Condition before Enlistment?
Surely it would/could not be service related. Could it?
Just asking Guys and Gals.

Jack Peterson, Apr 8, 2016

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