Service connected or not

kb1991

Well-Known Member
PEB Forum Veteran
Registered Member
Sorry if this is in the wrong location, but I have a simple question.

If I joined the military with a clean bill of health, and 5 years into service diagnosed with GERD, IBS, PTSD, Anxiety, MDD, scoliosis, and such, is it automatically considered service connected since it first presented itself during service? Or am I required to show a qualifying event in service?

TLDR:If diagnosed in service is it considered service connected unless proven otherwise beyond a reasonable doubt?
 
Could be, was the condition resolved in service? For things like PTSD and anxiety you need to have a stressor. Were you in combat? Did you see anything that caused PTSD and anxiety? Do your records reflect the events? Things have come a long way since I was in, combat events and injuries were barely even wrote-up. Try reasonable doubt under combat service - it must be considered to have happened (do you have combat badge/CAR) under CFR, things like this will support your case. I just watched the movie titled "Thank You for Your Service", which is pretty accurate when our records don't match up with event and trying to SC them. Problem is VA fails to understand this happens and at the same time they see and deal with a lot of fraud - I have gone to the VA enough to say I saw enough of that going on, big war hero talks from guys who were never even deployed. You have to prove beyond a reasonable doubt. If you have service records though, it will help. Remember, VA plays by their own rules.
 
I have in my performance report record of saving myself and several others from a live UXO that one of my troops mistakenly picked up and nearly detonated in his hand right beside me. I definitly am going to get a copy of all of my service records ASAP and read through the medical portion.
 
if claimed within one year of EAS/ETS then yes, if still in and EASing claim it and let them decide.
 
if claimed within one year of EAS/ETS then yes, if still in and EASing claim it and let them decide.
Very good point I was actually going to come back and add that in. I claimed a bunch of stuff within one-year after I learned hat critical advice and guess what, there is no record of it -the VA admits to losing my records. Today, you have a lot more at your disposal to keep things like that happening by bad VA employee types. I didn't. So yes, kb1991 keep your timeline in order.
 
If you are still on active duty it is rare that your medical records will play a part in your claim. With the exception of your enlistment examination.

Anything you list as a claimed disability you will be examined for if you have the condition and it was not preexisting or hereditary, congenital defect you will be service connected for it. If you don't have it you will be denied.

This is how all BDD claims are handled. Your records from years ago will only show that you had the condition just like the exam it will not give the current level of disability.

You probably won't hear that at any of your briefing or from the MSC or VSO on your base but it's the truth.

All your records are actually sent to scanning if they are in paper form when you file the claim it's an agreement between the DoD and VA. The reason they only wanted your current treatment is that it shows what you are treated for now. List whatever you want on the claim they may ask you not to but do it anyway. Most BDD claims now have on average 40 listed conditions.

Finally, there are conditions that VA considers part of a disability process and will grant and any condition listed in your records that are obvious Grant's like fractures. Most invited claims come from your exam because evidence shows you have the condition currently but VA will not pick up disabilities that are missed or not claimed by you unless it's overwhelmingly showing it's a chronic disability.
 
What about things currently being tested for that are intermittent in presentation?

I have hypokalemic periodic paralysis... well it only makes me paralyzed 4 or 5 times a year and I have documentation to show that, but I havent been given the official diagnosis yet and I can do it on command to show it at a examination...
 
If you are AD, since you joined with a clean bill of health (no preexisting conditions) then these issues will e service connected. The only exception are injuries/illnesses causes by misconduct.
 
Expanding on what others have said, it is likely you will be granted service-connection but you should be familiar with the following VA material in regards to a grant of service-connection. Generally, with exception of eating disorders, mental health conditions will all be rated under the same criteria and you'll receive one rating for them all.

To show service-connection, you’ll need to submit evidence of:
  • A current physical or mental disability from a medical professional or layperson (someone who’s not a trained professional), and
  • An event, injury, or disease that happened during your active-duty service, and
  • A link between your current disability and the event, injury, or disease that happened during your service. Usually the VA needs medical records or medical opinions from health care providers to support this link.
(Under certain situations, the VA may conclude that there’s a link between your military service and your disability even if there’s no evidence. This usually applies to:

Your PTSD claim will have special rules (generally making it easier to show service-connection). The VA criteria for PTSD is as follows:

All of these must be true:
  • The stressor happened during your service, and
  • You can’t function as well as you once could because of your symptoms, and
  • A doctor has diagnosed you with PTSD
The VA considers any of these to be a traumatic event:
  • You suffered a serious injury, personal or sexual trauma, or sexual violation, or
  • You were threatened with injury, sexual assault, or death
 
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