What To Do? Please Advise

[nbll01]

I filed a claim threw the DAV for 7 total conditions. I received one exam for my ears (which really wasn't one of the things I filed on). I never received any other exams and received a denial letter across the board for all things I claimed on. is this right? or even legal how can I be denied on service connection and disability without even being seen or examined?? PLEASE someone help. I have been out a considerable amount of time and have rarely went to civilian doctors as I could never afford treatment and was unaware I could go to the VA for treatment. Thanks in advance for any and all help

[carlie]

nbll01,

I have merged your post from today with your prior posts.

As posted by pr in Aug 09,

"You need to post the reasons and bases for the denial(s). There can be many legal reasons for the denial(s)."

[LarryJ]

Hello everyone. Well I filed a claim threw the DAV for service connected disabilities. I had no outside (regular doctor) or va doctors diagnosis to include as for the past 16 years Ive delat with the problems. I have went to a few family docs, but have no records as they didnt keep the records. I got my claim denied all the way across the board even though theres un deniable evidence in my service records. I have since signed up with the VA and am currently recieving treatment and exams for listed conditions (ones I filed for disability on). Is this gonna help my claim in anyway? My primary care doc nows from my records I filed for disability. It doesnt seem like its even any kind of concern to help my case in any way? What do I need from these VA docs to help my case? How do I go about getting it? I realize I need to have medical proof of being treated for a chronic condition, I also know I need to have the condition linked to in service. Do I come out and ask for this or what? Any advice would be greatly appreciated as it seems the DAV isnt any help at all. I'm in Phoenix if this makes any difference. Thanks to everyone for any help they can give. Dave

Yes, ask your primary care VA physician if they could just enter into your medical records that they think that your condition/disability was at least as likely as not caused by your military service, or, at least as likely as not originated during you time in the military, or, at least as likely as not is a secondary condition connected to a disability that your got while in the service.

Then, after a couple of weeks, you go to the Release Of Information/Medical Records department at your VA Medical Center and request your medical records. They'll have you sign a release form and will probably just print out your records and stuff 'em in a envelope and hand 'em to ya.

[carlie]

nbll01,

What are the conditions?

What were the injury, illness or disease

on active duty?

What is your residual disability?

carlie

[nbll01]

nbll01,

What are the conditions?

What were the injury, illness or disease

on active duty?

What is your residual disability?

carlie

There were 7 different conditions rather than type all of it heres the one dealing with my sinuses I claimed for service connected disability

SERVICE CONNECTION FOR SINUS

We have denied service connection for sinus becuase although there is a record of treatment in service for sinus conditions, no permanant residual or chronic disability subject to service connection is shown by the service medical records or demonstrated by evidence following service.

Your service treatment records show you were diagnosed with and treated for multiple events with symptoms of headaches(another of my claims migraines), stuffy nose and tenderness over the maxillary sinus. The symptoms were initailly attributed to acute sinusitis, and viral syndromes which resloved after medication and rest. Due to continued complaints of sinus pressure and haedaches, X-rays of your sinus were taken in feb 1992 which showed a small retention cyst in your right maxillary sinus with 2-3mm thickening. The rest of your sinus was within normal limits. In October 1992 you were diagnosed with allergic rhinitis and estuation tube dysfunction and were prescribed a decongestant(benadryl) and antihistamine (Naldecon). On your seperation examination you reported that your ear, nose and throat were frequently scratchyand sore.

On your seperation examination the examiner reported a history of CHRONIC SINUSITIS AND CONGESTION> Sinusitis tenderness was documented at your seperation examination. The examiner reported you had improvement while on medication.

Our letter dated may 2009 asked you to provide medical evidence showing you have a chronic condition and that it has been treated since your discharge from military service. To date we have not recieved any medical evidence to support your claim.

"DIRECT" service connection is based on evidence that a "chronic" disability manifested during military service. For the showing of a chronic condition in service, there must be be a combination of manifestations sufficient to identify the condition, and sufficient observation to establish chronicity in service at the time, as distinguished from merely isolated findings. When the fact of chronicity in service is not adequately supported, then a showing of continuity after discharge is required to support the claim.

To establish service connection, the evidence must show that a chronic disability currently exists that is realted to service.

That is the section on sinuses. It sounds like there saying that yeah you got something but we need current proof??? Im currently as of yesterday seeing specialists at the VA. I just went to a Neurologist yesterday for my migraines.I just want to make sure Im on the right track and not spinning my wheels. Please let me know what you think, that is word for word from the denial letter. Thanks Dave

[john999]

Every vet should have it explained to them when they are discharged that the best way to protect yourself against denials of future disability claims is to continue treatment at the local VAMC until the day you die. Of course, for the older vets this was never encouraged or explained. If you did not have a SC disability you could not even get treatment unless you were very poor or chronic alcoholic maybe.

When you are 22 years old you don't think about future illness and disability. The VA fails these young vets by not making the strongest efforts to get them into the system and to keep them there. This is how you show continuity of symptoms in a way it is hard for VA to deny. If you see you own doctor and he keeps records for thirty years that will do as well. What if you just see a private doctor and he retires? What happens to all those records? I bet they were lost in past years before HIPPA. I was hopitalized during my leave from Vietnam. I tried to get the records some years back but found they were destroyed after ten years.

[Berta]

nbllo1-do you have a copy of your complete SMRS? Service Medical Records?