I was clueless about the one year rule. However, I did file a claim for all my pains within a year. But all were denied. I let it go at that, got a very good job that paid excellent. I retired in 1998 from the Navy, I lived on with my pains and never used the VA. I did not want any medical diagnosis to black list me in my job, or limit my promotion ability. So now I have been retired from 2 other jobs and want to go back and fight for my rights to claim my chronic pains from serving in the Navy for 20 plus years.
So I hear you say anything the veteran files for prior to ETS from service with a year, is presumed and automatically service-connected. What if the veteran was denied 32 years ago for said condition(s) and was recently granted service connection? Should there be any backlash since I have been service connected 32 years later!?Think you for taking the time to read and possibly respond. APTTMHY
Yes, service connection is presumed within a year of separation with a current medical diagnosis. As long as it is a compensable condition and you had the medical diagnosis at separation, you should have been service connected initially. You should speak with your VSO and provide evidence showing the medical diagnosis when you separated.
You can get the course and guidebook at www.carterhughesknowledgeinstitute.com/helpfulveteran. Just scroll down to the Learning Tools section and you will see them.
Connect with VSO, let them know what you're trying to do, and let them know the evidence that you have. You can use the link to find a VSO in your area. www.ebenefits.va.gov/ebenefits/vso-search. You should also see if there are any benefits available to you even with the BCD. Hopefully BCD only covers a certain period of time but not your whole enlistment.
I was clueless about the one year rule. However, I did file a claim for all my pains within a year. But all were denied. I let it go at that, got a very good job that paid excellent. I retired in 1998 from the Navy, I lived on with my pains and never used the VA. I did not want any medical diagnosis to black list me in my job, or limit my promotion ability. So now I have been retired from 2 other jobs and want to go back and fight for my rights to claim my chronic pains from serving in the Navy for 20 plus years.
At least As likely as not is all that is needed, tie goes to the veteran
Secondary claims follow a different process. Skip #1 and is tied to service connected item.
Thank you
Great topic in detail This video will help
Glad you think so!
So I hear you say anything the veteran files for prior to ETS from service with a year, is presumed and automatically service-connected. What if the veteran was denied 32 years ago for said condition(s) and was recently granted service connection? Should there be any backlash since I have been service connected 32 years later!?Think you for taking the time to read and possibly respond. APTTMHY
Yes, service connection is presumed within a year of separation with a current medical diagnosis. As long as it is a compensable condition and you had the medical diagnosis at separation, you should have been service connected initially. You should speak with your VSO and provide evidence showing the medical diagnosis when you separated.
How can we get the guidebook or take the course?
You can get the course and guidebook at www.carterhughesknowledgeinstitute.com/helpfulveteran. Just scroll down to the Learning Tools section and you will see them.
How can I upgrade my discharge I have a BCD
Connect with VSO, let them know what you're trying to do, and let them know the evidence that you have. You can use the link to find a VSO in your area. www.ebenefits.va.gov/ebenefits/vso-search. You should also see if there are any benefits available to you even with the BCD. Hopefully BCD only covers a certain period of time but not your whole enlistment.