- May 17, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Chronic Injuries due to Military Service
### Prolonged Wear and Tear from Training and Deployments
A significant number of claims that I have filed pertain to chronic injuries that have developed over the years as a result of continuous training and deployments. A prime example of this is the strain on my lower back and knees, which have been exacerbated by years of rigorous activities such as ruck marching, foot patrols, and aerial insertions during deployments.
### Lack of Acknowledgement during Service
These issues were not caused by a specific incident but rather accumulated over time due to the nature of my duties in the military. Despite these injuries impacting my daily life, they were not addressed while I was actively serving.
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Yes they should. Certain MOS/AFSC are prone to repetitive use injuries based on their daily duties. You should definitely mention this on your personal statement submitted with your claim.
Yes, a perfect example is tinnitus. If you have ringing in your ears along with being a combat arms job it’s usually not even questioned because they already know we are all going deaf.
Yep. You can’t claim respiratory issues from burn pits and burning oil fields if you’ve never been to the armpit of the globe.
Yes
You will still need a favorable medical nexus opinion bc they are not presumptive unfortunately.
Forms of evidence than can be helpful include buddy letters attesting to the activities that contributed to your issues, a jump log if airborne in anyway, etc.
Yeah, they do, depending on what the claim is. Usually these are referred to as “presumptive” lists, and it basically means that they “presume” that the condition is related to your service if your MOS or deployments are on that list. This gives you a lower (not zero) hoop to jump through to qualify for whatever claim you’re making. For example, if you spent 20 years in artillery, you’re probably on the presumptive list for tinnitus. Desert Storm vets that served in country are starting (I think?) to be on a presumptive list for exposure to toxic fumes under the PACT act. Like that.
Anyway, you’ll have to look into that list for your claimed ailments (not all, or even most, conditions have one, but most of the heavy hitters do.)
The best thing you can do is make damn sure your record reflects every place you’ve been and every thing you’ve done.
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Yep they do. My hearing loss and tinnitus was only approved because of my MOS in the Army, field artillery. Even though I joined the Marine Corps after in a different MOS. My examiner said I had hearing loss but the only way he could actually connect it was because of my MOS in the Army. This was before I even EASed from the Marine Corps fully, even though my hearing records from 09-2020 show a steady decline.
Is everyone adding personal statements for each claim? Mine is sitting in “gathering evidence”. The only thing my VSO had me add a personal statement for was PTSD, and that wasn’t really a personal statement just a section in the initial filing paperwork where there’s a box asking you about the events that’s caused it.
Should I be adding a personal statement for each claim?
I’m doing the BDD claim btw
A good lay statement on a VA Form 21-4138 will help convey this to your C&P examiner.
Also parachute badges are considered for low back, knees and such.
Thanks everyone
They do for PACT ACT
I would explain specific incidents and how they had wear and tear on your body. I worked in military intelligence. If I just left it at that they would think I was sitting at a desk getting up a 9 am. However I was airborne stationed at ft Bragg and was out there rucking and in the mud like others. I was 100 💯 pure tactical. People who are handling your claim paperwork may not understand this.
Not the MOS but definitely your deployments.