Can you go back to VA and claim disability for something even several years after you've separated?

2016-02-12T13:22:36-05:00

I separated in 2008 but know there are certain issues from the military that are getting worse. My only issue is that when I did my separation physical, the doc wouldn't document it because it wasn't "bad enough" to document at the time. I questioned it but was overruled! Is there a way you can still go back to VA so late in the game or am I out of luck? Thanks for any advice!

Response by SFC Private RallyPoint Member made Feb 12 at 2016 1:25 PM

2016-02-12T13:25:03-05:00

You can go back and file an appeal on that decision

Response by LTC Yinon Weiss made Feb 12 at 2016 1:25 PM

2016-02-12T13:25:42-05:00

Yes, people do that all the time. From what I heard, you would be best advised to connect with an organization like the DAV (Disabled American Veterans) that do this practically all the time. They offer a great service. Hopefully you still have a copy of your military records, and there is something in there that can be used to link it to the current issues.

Response by SFC Private RallyPoint Member made Feb 12 at 2016 1:36 PM

2016-02-12T13:36:20-05:00

as long as you have proof they should be able to help but then its VA so dont hold your breath

Response by CPL David Salazar made Feb 12 at 2016 1:36 PM

2016-02-12T13:36:22-05:00

As long as there is evidence of an injury in service, your statements and statements of those that knew you could also suffice, a current medical condition, and an indication that those two may be associated, you have a fair chance at service connection. Message me if you'd like to know more.

Response by SGT Private RallyPoint Member made Feb 12 at 2016 1:40 PM

2016-02-12T13:40:48-05:00

Yes, you can file for a military related injury whenever you want to. You will need proof of the injury, and one way to get some proof is to have someone you served wit, write a letter for you, that they observed your injury while stationed with you. The more letters you can get, the better and quicker you will receive an award letter for your disability. When I applied for PTSD, three guys I served with wrote a letter for me about what I did in Vietnam. I received my disability in six months I'm sure those letters had a lot to do with it.
Also, if you are being treated, or have been treated, for the injury by a personal doctor, get them to write a letter for you also. The more proof you have the better chance you have of receiving a disability award letter. Good luck, Karla

Response by 1stSgt Eugene Harless made Feb 12 at 2016 1:59 PM

2016-02-12T13:59:06-05:00

You have an uphill battle. To be honest the only hope you have is that the medical condition you have is documented in your service health record. If it was put in a reason for going to medical, or in one of your physicals you have a chance. If it was never documented, and you bought it up during your fina; physical and the Doc didn't put it in you have about as much of a chance of getting it service connected as a beer fart in a whirlwind.

Response by PO3 Private RallyPoint Member made Feb 12 at 2016 2:21 PM

2016-02-12T14:21:10-05:00

as long as you can prove that it happened during your service.

Response by MSgt Private RallyPoint Member made Feb 12 at 2016 2:41 PM

2016-02-12T14:41:02-05:00

Yes, you can but I would suggest getting in touch with a VSO (Veterans Service Officer).

Response by SMSgt David A Asbury made Feb 12 at 2016 3:32 PM

2016-02-12T15:32:57-05:00

Karla, If it is in your medical records, then you can file a claim on it. Example you hurt your ankle while active duty and went to the hospital to have it checked out, it will be in your medical records. Now is your ankle is giving you trouble you can file the for it. If award compensation for it, you can get medical treatment at the VA Hospital for it. Help?

Response by PFC Tuan Trang made Feb 12 at 2016 4:03 PM

2016-02-12T16:03:39-05:00

I think you can go to your local va hospital, all you need is your cac card and dd-214.

Response by Sgt Private RallyPoint Member made Feb 12 at 2016 4:26 PM

2016-02-12T16:26:31-05:00

I separated in 1972 and only started receiving disability in 2014. I was not making much progress with my claim until I went to see a Veteran Service Officer with the VFW. I would recommend going to see a VSO with the VFW or DAV for help with your claim.

Response by CW3 Kevin Storm made Feb 12 at 2016 4:41 PM

2016-02-12T16:41:57-05:00

Yes, documentations from active duty, and current treatments by a Physician are goingg to be the stuff you need ot make a claim.

Response by SMSgt David A Asbury made Feb 12 at 2016 5:05 PM

2016-02-12T17:05:58-05:00

Karla, If you do not know who or where your service officer is, look up in the government section of the phone book. you want county service officer. make an appointment to discuss you situation and he can start the paperwork and get a eval for a Dr to look at your problem all at no charge to you. Then this is sent to the VA regional for a compensation rating. This can lead to a monthly payment for life varying from $150 per month to over 3K per month. Feel free to send private message if needed. Hope this will help you. I suggest the sooner the better. You are paid from the date of the filing of the claim. You will get care at the VA for the problem

Response by 1SG Private RallyPoint Member made Feb 12 at 2016 5:14 PM

2016-02-12T17:14:21-05:00

Sounds like you have a good starting point of where to go for help filing or refiling a claim. Guessing the goal would be to, at minimum attempt to obtain a rating of 0% through the VA. This means that although the VA currently doesn't find said issue/injury as something they consider a disability it is still considered service connected. Example being hearing loss or tinnitus. Most folks who have been in the military for a long period of time have been around loud equipment (aircraft, vehicles etc.). And although right now you might not have hearing loss the VA recognizes that being around that stuff might lead to hearing issues in the future. So while that 0% rating really doesn't help getting you anything present day, in the future when your hearing really deteriorates the VA might be able to provide you with hearing aids at no cost.

Response by Capt Tom Brown made Feb 12 at 2016 6:06 PM

2016-02-12T18:06:46-05:00

Here is another thread on a very similar issue which you mite find useful:
http://taskandpurpose.com/the-4-key-things-that-must-be-proven-in-every-va-benefits-claim/?utm_source=newsletter&utm_medium=email&utm_campaign=tp-today

The 4 Key Things That Must Be Proven In Every VA Benefits Claim

Here are four elements of every VA benefits claim that need to be clearly proven.

Response by SSG Delanda Hunt made Feb 12 at 2016 9:46 PM

2016-02-12T21:46:55-05:00

Without proper documentation it will be very hard, but you can still try.

Response by LTC John Shaw made Feb 13 at 2016 12:05 AM

2016-02-13T00:05:54-05:00

Absolutely, great advice already on the forum.

Response by SCPO Charles Thomas "Tom" Canterbury made Feb 13 at 2016 9:36 AM

2016-02-13T09:36:01-05:00

SrA Karla Kiser - I have a friend who works at the VA and he recently helped a WWII Veteran receive an increase in disability compensation.

Response by CAPT Kevin B. made Feb 13 at 2016 10:42 AM

2016-02-13T10:42:19-05:00

I'll toss in some perspective you might not want to hear. A VA reviewer will need to see an "A always gets you B" type connection. If "B" isn't in your medical record, then "Always" pretty much means that. They are loath to connect any dots. So the advice on getting DAV and others to weigh in for you is a good one because like insurance companies, they hit the reject button frequently in an attempt to make you go away. VA acts that way for two reasons. First is their goal of limiting Government liability. Second is they're overwhelmed with frivolous claims and attempts to link one thing to another which have no medical basis. The first you can't do anything about. The second you can thank your fellow Vets for and outfits like DAV. Support organizations have their fair share of incompetent advisers as well.

Sometimes you have your own body to thank for it. Sleep apnea is frequently diagnosed after you leave the service, has no link to your medical record, hence you won't get anything for it. I'd advise any snorer to get checked for it prior to leaving the service by getting a sleep study. I believe that typically is a 50 percenter. Bottom line, current Mills need to be strategic in their thinking and shrewd as well. If your MD told you this exists but isn't bad enough, immediately require them to document it. Don't accept it. If refused, then your next step is the incident reporting system where they take a dim view of providers who don't document what they see. Something that isn't "bad enough" usually points to a "rule out" protocol to confirm you really don't have it or you do have it but need to find out where on the continuum you are.

Response by LTC Jason Mackay made Feb 13 at 2016 12:21 PM

2016-02-13T12:21:30-05:00

Was it the VA physical who told you it wasn't bad enough or the Air Force physical ?

Response by SCPO Private RallyPoint Member made Feb 14 at 2016 1:34 AM

2016-02-14T01:34:25-05:00

Try forty-one years after Active Duty!!!

Response by CDR Michael Goldschmidt made Feb 15 at 2016 11:40 AM

2016-02-15T11:40:40-05:00

You absolutely can, but it helps if the condition was recognized by the VA in the first place as being service-connected, even if it was only rated 0 percent.

Response by TSgt Jackie Jones made Feb 15 at 2016 12:22 PM

2016-02-15T12:22:31-05:00

You can always go back. Get a hold of your local VA representative. We have local Veterans Service Officers that help every step of the way. The VA also has outreach officers and there are people willing to help at most VFWs and Legion Posts. Or, you can navigate it yourself online! Good luck!

Response by SSgt Kristi Aldridge made Feb 15 at 2016 1:15 PM

2016-02-15T13:15:44-05:00

I am sure it is here but it is never to late to file a claim, it gets harder to prove service connected. Use a VSO (DAV, VFW, American Legion) there are many to help you with the paperwork and they can act on your behalf. If it is in your medical records then you stand a good chance for getting approved.

Response by PO1 Glenn Boucher made Feb 15 at 2016 1:34 PM

2016-02-15T13:34:42-05:00

You can always go back and file a new claim regardless. The VA is the hardest part because they are so slow and take forever to get you an appointment to be evaluated. They will ask for documentation, give what you have from the military and post military. Good luck.

Response by PO3 Stephanie Matlock made Feb 18 at 2016 12:59 PM

2016-02-18T12:59:25-05:00

You have to have a direct service connection if an incident that occurred in service directly caused a disability that you now suffer from. A direct service connection requires proof that the occurred, medical evidence of your disability, and medical evidence that the current disability was caused by the incident in service.

It’s easiest to prove this if you were diagnosed with the condition during service or there is medical evidence in the service medical records of related symptoms. Without such evidence, a medical opinion from a doctor will often be critical to establishing direct service connection.

It is important to be able to show that the incident in service actually occurred. If the event was not recorded in your medical records, statements from buddies you served with will likely be needed to confirm the occurrence.

Response by 1SG Dan Thorstad made Feb 29 at 2016 5:19 PM

2016-02-29T17:19:21-05:00

My advice is to bring all the documentation you have and go see a Veterans Service Officer. They can review your records, request copies of any records missing, and give you advice on how to proceed with the claim, such as medical opinions. The key is to prove an event in service, demonstration of chronicity, and a current diagnosis. Of course, not all service officers are the same, so pick one you are comfortable with. Your local VA Regional Office should have National Service Officers (VFW, AMVETS, etc.) available for you to talk to. Of course the County VSO is often times a better choice because they can generally devote more time to your case. Good luck and feel free to PM me with any questions.

Response by TSgt Mario Guajardo made Mar 1 at 2016 11:37 PM

2016-03-01T23:37:43-05:00

Documentation! The advice here to get help from organizations like DAV makes sense as well

Response by SSG Bill Cooke made Mar 30 at 2016 2:31 PM

2016-03-30T14:31:31-04:00

Yes you can. I am doing that now BUT it must be service related or provable to be service related. And I left in 1992.

Response by LCpl Ronnie Padgett made Apr 10 at 2016 2:39 AM

2016-04-10T02:39:18-04:00

There are a number of ways veterans can get Veterans Affairs (VA) service-connected disability compensation: 1.) Presumptive, 2.) Secondary, 3.) Aggravation and 4.) Direct. Let’s take a look at the distinction between the four types of service-connected disabilities as defined by the VA.

Response by 1stSgt Eugene Harless made Apr 16 at 2016 9:32 PM

2016-04-16T21:32:35-04:00

To be honest, if it wasn't listed in your final physical you have an uphill battle. The one outside chance is that if you have the condition listed somewhere in your health record when you were on active duty. If there is zero officicial documentation of it during your service you are pretty much pissing up a rope.

Response by SSgt Kristi Aldridge made Apr 21 at 2016 1:31 PM

2016-04-21T13:31:50-04:00

Buddy statements from friends, Troops and others to show the problem started in the Military...Nexus letter from a Doc stating it started or was worsened by the Military

Response by SGT Paul Mackay made Apr 21 at 2016 11:35 PM

2016-04-21T23:35:03-04:00

yes you can