Time limit to qualify for VA disability

[WheelerLT]

I've been out of the Corps since 2000, and I never filed any disability with the VA, although I do have some. I have a copy of my medical records, but I'm not sure if I've waited too long to file. Does anyone know if it's still possible 7 years after the fact??

[Finger]

Yes, but don't wait too long. You will only screw yourself out of something you earned. Go to a VA servive center, DAV or some office like that. If your injuries were documented in your healt records, all the easier. It can be a long process, but well worth it if you have health issues.
Take it from an old fart Grunt who is all beat up :D

[WheelerLT]

Thanks Devildog!

[sgt tony]

Go now do not stop and get it filed now. Do not wait

[oldtop]

FYI: If a claim for disability is filed with the VA within 12 months of the date of seperation shown on your last form DD 214, the EFFECTIVE date of your claim will be the date of seperation. If it has been more than 12 months since seperation, the effective date of the claim will be the 1st day of the month following the month in which the claim is filed. In this case, makes no difference if the claim is filed on the first day of the month, the last day, or somewhere in between, the effective date of the claim is the first day of the following month...
There is no time limit beyond which you cannot file a claim, but the longer you wait, the more difficult it becoms to WIN the claim. VA is usually quick to classify in service injuries as acute and not subject to disability, as opposed to chronic which will qualify for disability. The longer you wait to file, the more likely the VA will classify your injuries as acute unless you can show continuing medical treatment from the time of seperation to the date the claim is filed (in other words.. a paper trail to show continuing treatment).
If it has been more than a year since discharge, and you have had no treatment for the claimed disability, your best bet is to have your doctor write a letter stating that HE HAS REVIEWED YOUR SERVICE MEDICAL RECORDS and that his examinarion reveals that you suffer from ______; and that IT IS AS LIKELY AS NOT that your current disability was caused by (or is the result of) the injury (or disease) that you suffered in service.
Use of the above "chatch words" is imperative if you want to win your claim. These "catch words" create what the VA calls "equipoise" or balance. Your doctor is not going out on a limb, or risking his medical reputation by making this statement. He is using different words to state that your disability "may or may not have been" caused by the in service injury, but in VA speak, when there is a balance of evidence, VA MUST find in favor of the veteran.
The above letter should be filed with your claim as supporting evidence.

[WheelerLT]

Good. and yes, I have been receiving continuing treatment, so it shouldn't be a problem. I contacted the VA yesterday, and I'm awaiting direction.

Thanks for all your input!

[bigboy123]

FYI: If a claim for disability is filed with the VA within 12 months of the date of seperation shown on your last form DD 214, the EFFECTIVE date of your claim will be the date of seperation. If it has been more than 12 months since seperation, the effective date of the claim will be the 1st day of the month following the month in which the claim is filed. In this case, makes no difference if the claim is filed on the first day of the month, the last day, or somewhere in between, the effective date of the claim is the first day of the following month...
There is no time limit beyond which you cannot file a claim, but the longer you wait, the more difficult it becoms to WIN the claim. VA is usually quick to classify in service injuries as acute and not subject to disability, as opposed to chronic which will qualify for disability. The longer you wait to file, the more likely the VA will classify your injuries as acute unless you can show continuing medical treatment from the time of seperation to the date the claim is filed (in other words.. a paper trail to show continuing treatment).
If it has been more than a year since discharge, and you have had no treatment for the claimed disability, your best bet is to have your doctor write a letter stating that HE HAS REVIEWED YOUR SERVICE MEDICAL RECORDS and that his examinarion reveals that you suffer from ______; and that IT IS AS LIKELY AS NOT that your current disability was caused by (or is the result of) the injury (or disease) that you suffered in service.
Use of the above "chatch words" is imperative if you want to win your claim. These "catch words" create what the VA calls "equipoise" or balance. Your doctor is not going out on a limb, or risking his medical reputation by making this statement. He is using different words to state that your disability "may or may not have been" caused by the in service injury, but in VA speak, when there is a balance of evidence, VA MUST find in favor of the veteran.
The above letter should be filed with your claim as supporting evidence.

Valuable advice - what about for someone like me - medically discharges about 20 years ago - rated at 40% - but having alot of problems - same deal?

[WheelerLT]

Can't you just go back to the VA and get re-evaluated??? I'm not sure, I'm still learning the VA ropes

[bigboy123]

Can't you just go back to the VA and get re-evaluated??? I'm not sure, I'm still learning the VA ropes

I can - but from what I've heard you need to use "magic" language.

[WheelerLT]

That "magic" language is the key to anything concerning goverment, it seems. I've learned that if you want a civil service job, your resume has to contain the right words.

Unfortunately, I still don't know them, and that's why I'm still working as gov. contractor.

[Robert Browell]

As was stated before,there is no deadline to file for VA disability that is service connected!I opened my claim in '92,I last saw combat in late '67 and had been out of the Corps since '71!Took ten years to get to 100%! Don't be afraid to get a congressman involved,it's part of his job!Remember it's the squeaky wheel that gets the grease!:usmc:

[crate78]

Your local VA office should assign you a representative from the American Legion, VFW, etc. A good rep will know exactly what language to use, which buttons to push, and overall how to handle your case to get it pushed through.

Also, don't give up. I had a service connection on my back denied twice for "lack of evidence" before I hit the right combination of records and doctor's statements to be awarded 30%. My AL rep told me exactly how to have my doctor word a letter stating that in his professional opinion my longterm back problems were likely as not the result of an episode documented in my military medical records. And once you have an award of any percentage, you can always file for re-evaluation to try to get the percentage bumped upwards.

crate

[crate78]

Your local VA office should assign you a representative from the American Legion, VFW, etc. A good rep will know exactly what language to use, which buttons to push, and overall how to handle your case to get it pushed through.

Also, don't give up. I had a service connection on my back denied twice for "lack of evidence" before I hit the right combination of records and doctor's statements to be awarded 30%. My AL rep told me exactly how to have my doctor word a letter stating that in his professional opinion my longterm back problems were likely as not the result of an episode documented in my military medical records. And once you have an award of any percentage, you can always file for re-evaluation to try to get the percentage bumped upwards.

crate

[tmleadr03]

Your VA rating can go up if you injury gets worse.

[sundogusa]

I'm at 20%. Went in for re-eval to up the percentage. Working on an appeal. A royal PIA.
Talking to some heavies for assistance--Congressman!

Good luck.

You can also start your process on-line. It is the initial date that matters.

[ggyoung]

You will be turned down the 1st time. You have to keep trying untill you get it.

[guy4580]

I'd like to throw you devil dogs a curve ball I got a med. discharge in 87 from usmc after they removed my spleen and spent 6 months in a hospital they claim it was from a heritary blood disorder which in fact no one in my family has ever heard of need less to say they discharged me with 0% saying the usmc didnt aggrivate this disorder, but I do have a nice scare going from the middle of my chest to my belly button and then to the left 28 staples(stitches). since my discharge I have not been sick or other wise have had any problems other than that code on my DD214 which from my understanding I'd be lucky to be able to be a cubscout leader. any input on this whether i am entitle to any comp. or just out of luck.

[tmleadr03]

I'd like to throw you devil dogs a curve ball I got a med. discharge in 87 from usmc after they removed my spleen and spent 6 months in a hospital they claim it was from a heritary blood disorder which in fact no one in my family has ever heard of need less to say they discharged me with 0% saying the usmc didnt aggrivate this disorder, but I do have a nice scare going from the middle of my chest to my belly button and then to the left 28 staples(stitches). since my discharge I have not been sick or other wise have had any problems other than that code on my DD214 which from my understanding I'd be lucky to be able to be a cubscout leader. any input on this whether i am entitle to any comp. or just out of luck.

Med discharge makes it so you cant be a cub scout leader? I dont think so, I have not had a single door closed on me due to being medically discharged. Though I havent tried the cubscouts.

[guy4580]

i was exaggerating, (sarcaism) I am currently in the civil air patrol (2nd Lt) I wanted to stay in the corp had 2 written rebuttals 1 formal hearing and still got chopped. after a few years I tried getting in AF, and army but neither would even consider it they said with that code they cant do anything for me so I was screwed...