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A "Broad Interpretation" continued

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  • wyalusingtim
    Many veterans have there disability (injury) documented while in the service. But if a Veteran has symptoms develop after leaving the Service, there are two
    Message 1 of 1 , Jun 30, 2009
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      Many veterans have there disability (injury) documented while in the service. But if a Veteran has symptoms develop after leaving the Service, there are two important issues to overcome with the VA. First you have to show there is a nexus between the condition and your military service - that it is "service connected". Secondly, the Veteran has to establish that the condition began within one year of leaving the service. It is much easier to be awarded benefits if you establiswh a timeline within one year from leaving the service.
      Consider how a broad interpretation is key with the second issue to overcome - one year time frame. first, discuss with your Physician(s) what the early symptoms for your condition typically are. (Pay attention and take notes). Also do research on-line and at the library (as the librarian for assistance!)
      Genrate a list of the symptoms. Next share the list with any persons who may be aware if you have experience any of the symptoms, especially within one year of being discharged. Have them write a statement for you listing any of the symptoms that they observed. Since very few persons go to a physician at the very onset of a medical condition - most wait until a condition gets worse or doesn;t improve, those reports help you determine that your condition actually began in the one year time frame.
      Under narrow, belt tightening, interpretations, the VA will only consider medical reports from a physician as adequate, but under a broad interpretation of the law statements that establish dates for the on-set of symptoms have to considered.
      If this isn't clear this will help: How does a baby's pediatrician determine when (how long) a baby has been ill? besides the current symptoms the physician ask the parents, etc. when they first observed crankiness, a rash, fever, listlessness, change in a stool, etc.
      So get those reports.
      It is a good idea for recently discharged Veterans to keep a diary and 1) record any symptoms no matter how insignificant it may seem at the time and 2) discuss them with your spouse, parents, relatives, pastor/priest etc. and document in the diary when you do so.
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