Is It Too Late to Beat a VA Denial for a “Pre existing Condition”?


Hey veterans, I’m Travis Studdard, Veteran’s
Disability attorney. Today talking to you still about the presumption
of soundness and I’ve already done a couple of videos on this, so you can check those
out as far as what that concept means and how it may be applied in your VA disability
claim or appeal. But I want to talk to you about what happens
when you have been denied VA disability compensation or service connection for a disability because
VA claims that it was pre-existing your military service. How long do you have to appeal that decision? Excuse me. In that particular situation it may be that
the normal rules don’t apply for you to challenge that decision. Now normally again, if VA gives you a denial,
you have one year to appeal that decision, in order to maintain your effective date,
which again is the date of entitlement to benefits. Now you can always do that later and reopen
that claim with new material evidence but again the effective date would be from the
date you reopened. But I’m here to tell you that it may be possible
for you even years later to challenge a VA ruling that denied service connection because
of what they allege is a pre-existing condition. And that’s because the presumption of soundness
is a legal concept that are facts that have to be considered but if they misapply that
or don’t apply that particular provision of the law correctly then that can be a type
of error that can be appealed or challenged many years later. So keep that in mind if you see this and you
were denied a long time ago and you know it wasn’t pre-existing or it wasn’t found on
your entrance exam but they denied you anyway, that’s something you probably want to look
into, because VA may owe you considerable back benefits over that time period. So again, that’s a situation you may want
to reach out to us. Something VA’s not going to likely give to
you without really a hard fight. So again, presumption of soundness if misapplied
can remove any sort of deadline for challenging that, which again is usually one year. You can do it many years later because it’s
a legal error in that particular situation. So if that’s your situation, again you want
us to look at it reach out to us. Our website winyourvetclaim.com. We’ve got articles that explain the presumption
of soundness. We have videos as well. We’re trying to give this all to you, it’s
free information to see what you can do on your own. If that gets to be too much for you then we’re
here to help and see what we can do. So reach out to us and we’ll be happy to take
a look at it. So again, it may never be too late if you’ve
been denied on pre-existing condition, so just keep that in mind. Thanks have a great day. Thanks for your service and come back and
check out our other videos.

3 Replies to “Is It Too Late to Beat a VA Denial for a “Pre existing Condition”?”

  1. I have a right eye diplopia situation from 4/1979 to 12/2014 , im at 30% , secondaries , migraine and anxiety pending , waiting for reaponse from va los Angeles California

  2. I did just that. I refiled a few years ago after my discharge on January 18, 1979 for preexisting condition Osgood Schlatter’s disease after 1 1/2 years of service. Said to be unfit for duty.

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