Usually they rely on the most recent medical information as opposed to older evidence, however the more recent evidence must be adequate for rating purposes. The Vet will also want to support these claims with doctor reports that substantiate the claim including private doctors. If the private dr. report is sufficient for rating purposes then the VA does not need to do its own exam. 38 CFR 3.326(c). Benefits are effective from the date the VA received the claim or the date that entitlement arose, whichever is later. May date back one year prior to the date of a claim for increase if it is “ascertainable that an increase in disability had occurred” within this time frame. 38 USC 5110(b)(2).

Although the Veteran need not show actual exposure to AO they do need to show that they served in Vietnam or to use VA vernacular that they had “boots on the ground”. Unfortunately this requirement leaves out many Veterans who were exposed outside of Vietnam during the same time period and House Bill 2254 (see below) may correct this problem if passed. This includes military service in Vietnam between January 9, 1962, and ending on May 7, 1975. The boots on the ground requirement applies to those Veterans who served just off shore, but you’ll still need to have spent some time (even a minute) in Vietnam itself. Since the requirement includes service “in the waters offshore and service in other locations if the conditions of service involved duty or visitation in the Republic of Vietnam.” 38 C.F.R. § 3.307(a)(6)(iii). Boots on the ground includes service within inland water bodies within Vietnam, but does not include overflights over Vietnam. There have been problems with the so called “blue water” Veterans that were just off shore of Vietnam and has been appealed up to the Federal Circuit where it was held that these Veterans did not meet the requirement since you need to prove that you at least set foot on shore.

Secondly, you need to show that you have one of the diseases located at the cites above that typically includes various types of cancer, hodgkin’s, soft tissue sarcomas, diabetes, and medical problems in the children of exposed Veterans. See the list in the code provisions cited above. Lastly, certain types of diseases must have had an onset within a certain amount of time after the Vet left Vietnam. Its also possible that a Veteran could be compensated for a disease not on the list, but it can be assumed that this will be a tougher task, and would require excellent medical support.

For a reopened claim the effective date is the date the VA receives the reopened claim (as opposed to the original claim) or the date that entitlement to the benefit arose whichever is later. Sears v. Principi, 349 F. 3d 1326 (Fed Cir. 2003). Date entitlement arose: is the initial date on which it appears the claimant satisfied all of the substantive criteria for entitlement to the benefit as determined from a review of all the evidence included in the record when VA approved the claim. Is usually the date the claim was first submitted. McGrath v. Gober.

Many times the date entitlement arose is the date the vet was discharged from service, but many times could be long after discharged since an injury could be latent. Note for PTSD the date of entitlement is often the date that the Vet was actually diagnosed with PTSD although it could be earlier if the diagnosis states that he/she first started suffering earlier. To receive the earliest effective date so that the effective date is from the original claim you must file and prevail on a claim for revision of the final decision on the original claim for clear and unmistakable error, but this is tough, and is a whole other topic. The lesson here should be that the Veteran should apply for benefits as soon as possible and then perhaps more important never give up on that claim so that you don’t have to reopen later. The law is especially favorable to claimants who apply for benefits within 1 year of discharge since if this is done the entitlement date is the day following the day of discharge. Unfortunately many claimants don’t experience their service related problems so soon after discharge since often there is a long latency period.

Secondary service connection can be established both where a service connected condition contributes to the creation of a new disability and where a service connected disability aggravates a non service disability. Mcqueen v. West, 13 Vet. App. 237, 241 (1999). It does not matter when after service a secondary disability manifests itself, as long as there is sufficient medical evid to establish that it is a result of a service connected condition. Dyess v. Derwinski, 1 Vet. App. 448, 454 (1991).

Sometimes you need to request certain records from the National Personnel Records Center in St. Louis. Watch out for situations where your records precede 1973 since there was a fire that apparently destroyed many records here. You want to fill out SF-180 that can also be downloaded from the Web site of the Military Personnel Records (MPR) division of the National Personnel Records Center (NPRC), at http://www.archives.gov/st-louis/military-personnel/standard-form-180.html. The NPRC is part of the National Archives and Records Administration (NARA). You’ll want to specify if you want inpatient and/or outpatient records and be as specific as possible so that you can get the records you need.

“Service connection for PTSD requires medical evidence diagnosing the condition in accordance with sec. 4.125(a) of 38 C.F.R. Meaning it needs to reflect the diagnostic criteria in DSM-IV. A link established by medical evidence between current symptoms and an in service stressor; and credible supporting evidence that the claimed stressor occurred. Need evidence to show that the stressful event that resulted in PTSD actually happened during service. Any extreme traumatic event that satisfies the the diagnostic criteria in the DSM-IV may be accepted as a stressor.