Should I Reopen This Claim

[CITY BOY]

I filed a claim in 1985 for a unspecified genitourinary condition, which got denied. I did not file an appeal back then because, I did not want to go thru the horrible testing again to gain evidence. In the year 2000 I filed again thru the American Legion to reopen the claim for the 1985 condition, and the V.A. found that I did not file adequate New and Material evidence to reopen the claim. So, I went back to the drawing board and found that I was diagnosed with Chronic Prostatitis in the Marines, in my service medical file. So, the American Legion filed for the new condition and I received a 10% compensation for the Prostatitis condition. Well, just recently in january 2009 I had Chronic Prostatitis upgraded to 20% and they also found a Urethal Bulbar Stricture while testing me within my groin and the V.A. doctor said that the Chronic Prostatitis and the Urethal Bulbar Stricture is definetly connected back to when I was in the service. My question is can I reopen the 1985 claim for the Urethal Bulbar Stricture as the unspecified genitourinary condition as new and material evidence? Please help, otherwise I will open as new claim. Thanx

[jbasser]

This sounds so familiar. They deny a claim because of chronicity.

Do you have a copy of the C and P exam, If not you can get one.

Let me do a little research and I will get you some cases to go over and you can decide what to do next.

First and foremost the condition only has to be present in service and the Veteran must presently have the condition.

Chronicity only comes into play when there no current condition and the VA can legally deny a claim.

You will need the following.

1 The C and P exam.

2. Any treatment records you received since separation from any source. It it is VA then it is better.

I will get back to you.

J

[jbasser]

OK, If you have records of treatment and the RO had them also that showed you had the condition after service then you have a CUE.

if you dont have any treatment from separation to the time you filed your original claim then you have no cue.

Please read the attached claim that exactly mirrors yours.

http://www.va.gov/vetapp99/files1/9906831.txt

J

[CITY BOY]

This sounds so familiar. They deny a claim because of chronicity.

Do you have a copy of the C and P exam, If not you can get one.

Let me do a little research and I will get you some cases to go over and you can decide what to do next.

First and foremost the condition only has to be present in service and the Veteran must presently have the condition.

Chronicity only comes into play when there no current condition and the VA can legally deny a claim.

You will need the following.

1 The C and P exam.

2. Any treatment records you received since separation from any source. It it is VA then it is better.

I will get back to you.

J

Thanx, I will have to get a copy of that c+p exam on Monday and I did not get any treatment because I got out of the service only about 15 months before I filed for this. The new C+P exam notes: clearly state that based on my review of the above his Prostatitis + Urethral stricture is identified on the RUG exam are service connected in that his problems began during his enlistment. Written by well known VA Urology doctor in VAMC Boston MASS. And when I was discharged they have written down Chronic Prostratitis clearly on seperation exam.

[jbasser]

Then you have may a valid CUE. The RO just cannot change a diagnosis and discern the word chronic if it is already established.

The RO is not a medical professional. They are not allowed by law to misinterpet or change a diagnosis. Only a Doc can do that.

J

Edited August 1, 2009 by jbasser

[CITY BOY]

Then you have may a valid CUE. The RO just cannot change a diagnosis and discern the word chronic if it is already established.

The RO is not a medical professional. They are not allowed by law to misinterpet or change a diagnosis. Only a Doc can do that.

J

Thanks for everything. I'll be going in Monday and address this isssue with the DAV. I'll keep you updated as i move forwarded with this.

[CITY BOY]

Welcome to Hadit.

You probably need to ask for claim to be reopened and submit new evidence.

THANKS I will do that on Monday