Can I apply for VA disability compensation for a disease or injury diagnosed after service?

  • By admin
  • November 30, 2016
  • Comments Off on Can I apply for VA disability compensation for a disease or injury diagnosed after service?

Do you have a hearing loss due to military service? That simple “search” born out of utter frustration led me to “Hadit”. (Scott Olson/Getty Images) I don’t remember the moment the bomb went off, but I do know that when I landed, stunned, at the bottom of the gun turret of my vehicle, blood was leaking from my ears. My BPwas 227/110 for hours before they could get it down. That an injury or disease occurred in service is not enough; there must be chronic disability resulting from that injury or disease. If there is no showing of a resulting chronic condition during service, then a showing of continuity of symptomatology after service is required to support a finding of chronicity. 38 C.F.R.

§ 3.303(b). The Federal Circuit recently held that continuity of symptomatology under 38 C.F.R. In determining qualifications for SMC, the VA must review the medical evidence regarding the loss or loss of use and then make a decision regarding the level of SMC to be paid. § 3.309 (2015). Walker v. Shinseki, 708 F.3d 1331, 1338 (2013). Additionally, for veterans who have served 90 days or more of active service during a war period or after December 31, 1946, certain chronic disabilities are presumed to have been incurred in service if manifest to a compensable degree within one year of discharge from service.

The intent of this resolution is: To change the authorizing date of the Armed Forces Expeditionary Medal from July 1, 1958, to March 3, 1946, and award it to participants of military operations that qualify. Assistant IG Halliday told the committee that the VA’s disability system has improperly paid veterans at least $230 million over the last few years, according to the OIG. §§ 3.307, 3.309 (2015). According to a place I learned about on Grey’s Anatomy, The Mayo Clinic, Meniere’s is actually quite serious. VA Disability Claims, VA benefits, VA Law, how to get your VA claims granted, how to file an appeal, what an appeal means, and our robust community forum. A complete list of diseases is in Title 38, Code of Federal Regulation, 3.309(a). As a result, you should not consider this information to be an invitation for an attorney-client relationship, you should not rely on information provided here as constituting legal advice, and you should always seek the advice of competent counsel in your own state.

You can join for free the herpes support groups here. “We know that it is usually seven years between the time someone notes a problem with their hearing and the time they actually seek medical attention for it,” said Nancy Macklin, director of events and marketing for the Hearing Loss Association of America. Austin, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent-appellee. The VA gave me a pair of great hearing aids and they work very well, I even have a remote control much like a car key remote that changes volume and programs. Davidson, Director, and Kirk T. During my first tour in Afghanistan, one of my friends once fired his light machine gun during a firefight outside Bermel, the muzzle only inches from my ear. Of counsel on the brief were David J.

David S. Forman, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for claimant-appellant. With him on the brief was Anita Bhushan, of Atlanta, Georgia. Of counsel on the brief were Louis J. George and Barton F. Stichman, National Veterans Legal Services Program, of Washington, DC. VA presumes service connection for certain diseases even though they were not present during military service.

Some of these diseases in which presumptive service connection may be granted include hypertension, arthritis, diabetes mellitus, and peptic ulcers. A complete list of diseases is in Title 38, Code of Federal Regulation, 3.309(a). The post-service disease must be at a compensable degree (i.e., 10% or more disabling) within one year after the date of separation from service, with certain exceptions. The regulation that governs eligible service dates for diseases that occur within one year after separation from service is in Title 38, Code of Federal Regulation, 3.307(a)(2) and (a)(3). The evidence must show that the disease is at least 10 percent disabling. (An example is you’re taking medication for hypertension.) The evidence must show the disease appeared within the time limits shown above. Apply online using eBenefits, OR Work with an accredited representative or agent, OR Go to a VA regional office and have a VA employee assist you.

You can find your regional office on our Facility Locator page.

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