Posted on Oct 9, 2016
How many of you Gulf War, GWOT, OIF, & OND veterans have ever actually looked at the 38 CFR 3.317 to see presumptives for SE Asia service?
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Posted 8 y ago
Responses: 11
For the past 22 year's since I retired from the Marine Corps. Why? It was my job to understand the 38 C.F.R. to help veterans get their entitlements from the VA.
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These presumptive conditions are sadly anything but. The VA has a long history of denying these claims despite the regulation requiring a presumption of service connection. It's an issue that is easier to win on appeal, but no one should have to file a claim with the expectation that an appeal is necessary to get the correct outcome.
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1SG(P) Richard Warren
True, they can be denied if the rater or the Dr determines that the issue existed prior to service in the Middle East or they determine they issue was not related. However, it will still bring awareness to servie members who aren't tracking that theseems even exist.
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