Getting Presumptive VA Service Connection for Arthritis
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- Опубліковано 27 вер 2023
- Join us for a discussion on establishing presumptive VA service connection for arthritis (meaning you do not need a nexus connecting the disability to service). Veterans can receive VA ratings for degenerative and rheumatoid arthritis and may be eligible for presumptive service connection. Under 38 CFR § 3.309, arthritis is characterized as a chronic disease eligible for presumptive service connection. Learn how to qualify!
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All our injuries have impacted our skeletal framework. Arthritis is a after affect
Interesting how it set up that by the time you realize there’s an issue you’re outside the time parameter
I was told that I had arthritis a couple of years before I separated. Still waiting after my foia request for the C file. Then I'll probably file.
Hopefully, you have continued to seek care for the arthritis issue. If not and you have been taking OTC meds and dealing with it on your own, then while you wait for your c-file, make an appt with your primary care, get your issue documented with them, get X-rays or other imaging done as your PCM says, have them prescribe you medication if indicated, if you've never had physical therapy and the PCM feels it will help, then do it. PTs do a good job of documenting the impacts of MSK/Arthritis related issues and getting a treatment plan going. They also document range of motion and other factors that can be useful if the VA sends you for a C&P exam at some point.
What if I was diagnosed before a year of separation? I was diagnosed while active duty
If you were diagnosed and active duty and have the medical documents to prove it such as: encounter notes with the diagnosis by your doc, X-ray MRI or other imaging, medication notes, copies of profiles / sick slips and so forth then you are well on your way. I've you've continued to seek care after leaving the service and have those documents even better. If you attended certain schools such as ABN, RGR, AASLT, served in physically demanding MOS like IN or EN, were on ABN status in the 82nd and so forth, then it just adds more to your claim. You can also write a personal statement speaking to the negative impact that the diagnosis has had on your quality of life / daily activities as applicable to you as well. Sounds like you just need to gather everything together and submit a Fully developed claim.
Does "departure from service" cover over 90 days of active duty as a reservist?
In general, if you were placed on Title X orders, then a medical assessment should have been done on the way in and a medical assessment done on the way out as book ends to your period of active duty service and in between if you had a medical issues that were substantial then your unit hopefully not only sent you to medical for treatment but completed a Line of Duty on it. If the above happened. then you are likely covered.
What if I been out for 13 years and I don’t have medical evidence.
As some put it, if you had something happen and never went in for care and it wasn't documented then you have to build a bridge back which makes it a harder process but can be done. Did you tell any family members about an event in service or are you still in contact with or can you look up any battle buddies you served with that know of your injury when it first occurred. You can get them to write buddy statements attesting to that. Family members can write about the impact of the injury on you then and now based on their observations. If you have never checked your medical records, you may have forgotten something / not be aware that there is something documented in your file. Request your service medical records from The National Personnel Records Center (NPRC) at the National Archives.
Spend time looking at you tube videos put out by Clay at the CivDiv and KMD89 that speak to your question. It can be a lot, so sitting down with a VSO or someone at the DAV or VFW that deals with veteran claims can help as well.
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