ozzyman81

Again, I appreciate all of the replies. It is very difficult to find records. It seems my unit did a poor job of putting in any outside records into my file, or noting them. I do have one entry on a SF600 that I mentioned. I found it. Please take a look at the wording. The VA is giving it no weight because *I* told them. I later provided information from my treating physician, but it is not in my records. My docs agree that since I have a very hefty record of anxiety/depression from this entry to now that it is "more than likely" related. This is from the very beginning before we knew exactly what I had or what was going on.

Normally I would't do this, but I felt the need due to the response I received from him. I sent a message via the website with a great deal of information and asking a question to decide if I needed representation, or a simple IMO. The reply "cannot help." With a link to buy his book. That was it. I must say it was a bit off-putting. I get that he is a busy guy, but I would think he could at least take the time to write an entire sentence. I'm sorry to say I feel he has turned into one of the "easy case" guys who might only be looking at dollar signs now.

Thank you again for the information. It is actually quite helpful for me to pseudo-argue my case here, because I have a good idea what to expect from folks unbiased perspective. I should have mentioned that I do have a fair amount of medical information in my file from 2003-2015 with almost all of the symptoms listed. I have to stress, these are records from my personal doctors, not STR. There is a LONG list of evidence from doctors. I was trying my best to NOT be discharged and didn't want to bring up any issues in service. It was a very odd decade with odd symptoms popping up here and there and I would find an excuse to brush them off. I do have one entry in my STR because I started taking meds for anxiety/depression and informed the AMDS. However, the VA is also discounting that because "I" told them I was taking the medication. It was not diagnosed by the doctors there. I was placed on medical profile that day until I submitted info from my doctor. This is listed in one of my VA decisions. *Note depression/anxiety are early symptoms of MS. "Although your reserve service treatment records do note one complaint of depression, there is no evidence to show that this condition resulted in the line of duty or would otherwise satisfy the general requirements for service connection based on the overall evidence. (38 CFR 3.301)" This I have to disagree with: As far as I have read the Continuity of Symptomatology does replace the 2nd and 3rd elements. I've pulled this from a similar case: "Under 38 C.F.R. § 3.303(b), an alternative method of establishing the second and third Shedden/Caluza element is through a demonstration of continuity of symptomatology. Barr v. Nicholson, 21 Vet. App. 303 (2007); see Savage 10 Vet. App. 488, 495-97 (1997); see also Clyburn v. West, 12 Vet. App. 296, 302 (1999). Continuity of symptomatology may be established if a claimant can demonstrate (1) that a condition was "noted" during service; (2) evidence of post-service continuity of the same symptomatology; and (3) medical or, in certain circumstances, lay evidence of a nexus between the present disability and the post-service symptomatology. Savage, 10 Vet. App. at 495-96; see Hickson, 12 Vet. App. at 253 (lay evidence of in-service incurrence sufficient in some circumstances for purposes of establishing service connection); 38 C.F.R. § 3.303(b). Symptoms, not treatment, are the essence of any evidence of continuity of symptomatology." Savage, 10 Vet. App. at 496 (citing Wilson v. Derwinski, 2 Vet. App. 16, 19 (1991)." That is more or less the entire basis of my argument to the VA thus far. I have stated that "x" symptoms started in basic. I then provided years of private treatment records that show the same exact symptoms all the way to diagnosis. In a way that's why I filed my claim to begin with. I had no idea what the heck was going on with me until I was diagnosed. Then the light bulb went off and I though "oh, it all makes sense now." I am starting to feel like maybe this connection is less known because none of my denials have mentioned this connection as even a possibility. Many of my decisions show in the favorable findings "private treatment records from "Dr" noting/diagnosing "MS symptom" from various years all through the gap. The odd thing is the next denial with say something completely different and say "no evidence of "x." I don't mean to write a book, it's just frustrating and really makes you just want to give up sometimes. haha

I appreciate both of you answering. I think that this is where either I am wrong, or the problem with my claim lies. Perhaps the va is only looking at the standard nexus as it looks like you are from the replies: “In order to prevail on the issue of service connection there must be competent evidence of a current disability; medical evidence, or in certain circumstances, lay evidence of in-service occurrence or aggravation of a disease or injury; and competent evidence of a nexus between an in-service injury or disease and the current disability.“ I am attempting to use the alternate method: ”Alternatively, the claimant may establish service connection by continuity of symptomatology. Continuity of symptomatology may be established if a claimant can demonstrate (1) that a condition was "noted" during service; (2) there is post service evidence of the same symptomatology; and (3) there is medical or, in certain circumstances, lay evidence of a nexus between the present disability and the post service symptomatology. 38 C.F.R. § 3.303(b)” “If chronicity in service is not established, a showing of continuity of symptoms after discharge is required to support the claim. 38 C.F.R. § 3.303(b). Service connection may also be granted for any disease diagnosed after discharge when all of the evidence establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d).” In this case the nexus is just that my current disease symptoms match the post service symptoms in my medical records from the time of service to now. That is what my Dr was trying to say. Please let me know if I am interpreting this wrong.

Please see attached scan. Basic in 2003 Diagnosed in 2015 High School. Statements from a good friend from high school who knew me well before I joined to now. Also is a US Army vet. I have attempted to get statements from folks that I went to basic with. It seems there is nowhere to find a list of names. I sent a FOIA to Lackland and the reply was that those lists no longer exist. I am still searching around to see what I can find in the way of names. It is starting to look like I should just go straight to the board. If so, should I opt for a hearing so I can explain everything directly to the judge? DBQ-History.pdf

Thank you for the replies. There really wouldn’t be an in service “event” because MS does not really start that way. Our goal was to connect the 2nd and 3rd elements through continuity of symptomotology 38 CFR 3.303(b). I have submitted statements from myself, my wife, and others who knew my from HS to current who saw the changes. I also have submitted records from my private MD from the time as well as chiropractor and neurologist with a time like from then to now. The only evidence that they really have that it “didn’t” start then is my lack of reporting it during that duty. I keep thinking they would understand no one would willingly admit they lost control of their bowels especially during basic... I really didn’t want to wait for the BVA. Does anyone think a HLR would understand, or is it just too complex. Thanks, Brian

Hello All, I am having extreme difficulty with my MS claim. I should first mention that I was in the reserves so my periods of active duty were for training. However, I can trace my initial symptoms all the way back to basic training. I recently filed a supplemental claim with an opinion from one of the best centers for MS in the county. The Dr. examined all of my records and medical history and said, yes, it is "more likely than not" that it started with my first clinical relapse in basic. Here's the problem. They closed the claim and said that was not new evidence! I am at a loss at what to do. This was my 5th supplemental and I've had 1 HLR already. I've given medical reports, lay statements, medical opinions. They have not so much as given me a single c&p exam. They just keep hitting me with the "Service treatment records do not document complaints of.." yadda yadda. Here is the last denial letter. It seems offensive that they continue to state no evidence. Opinions please. <<<Start Letter>>> A claimant may file a supplemental claim by submitting or identifying new and relevant evidence. Relevant evidence means evidence that tends to prove or disprove a matter at issue in a claim, (38 CFR 3.2501) The evidence from Dr. XXXXX and the Mellon Center for MS submitted in connection with the current claim does not constitute relevant evidence because it does not prove or disprove a matter at issue within your claim. There remains no evidence of this condition during active duty for training. Service treatment records do not document complaints of or treatment for any symptoms consistent with early manifestations of multiple sclerosis. Service connection cannot be established on a presumptive basis as there remains no evidence that the condition manifested to a compensable degree within seven years of a qualifying period of active duty. While records show a current diagnosis, there remains no evidence relating this condition to a period of active duty service. (38 CFR 3.1, 38 CFR 3,6i 38 CFR 3,7, 38 CFR 3.303, 38 CPR 3.304, 38 CFR 3.307, 38 CFR 3.309, 38 CFR 4.6) Favorable Findings identified in this decision; You have been diagnosed with a disability. Private treatment records from XXXXX dated XXXXX, diagnosing multiple sclerosis, The claimed disability is a chronic disease which may be preemptively linked to a qualifying period of military service. Multiple sclerosis is a chronic disability under 38 CFR 3.309(a), Your claimed issue became manifest to a degree of 10 percent or more following service. <<<End Letter>>> Thanks, Brian

Hello, Thanks for the help. I suppose I should mention that I was a reservist and I was NOT deployed. I was diagnosed with MS and believe my symptoms started in service and got progressively worse until discharge. Here is a snippet of my denial letter. Any advise would be appreciated. "The evidence does not show a disease or injury during your period of active duty for training. Your service treatment and personnel records do not contain any complaints of an injury, treatment, or diagnosis for this disease during your period of active duty for training. (38 CFR3.303, 38 CFR 3.304, 38 CFR 3.1, 38 CFR 3.6, 38 CFR 3.7) We received your medical evidence which discusses the symptoms of your medical condition. We acknowledge receipt of your private medical opinion intending to link your current disability to your military service. You submitted lay statements to support your claim. A credible lay statement may establish what was seen, heard, and directly experienced. The evidence was found not to be sufficient in this case to establish an injury or disease occurred during your period of active duty for training. Performing the physical and mental requirements of active duty training(ADT) does not meet the definition of an injury or disease for the purposes of considering claims for service connection based on ADT service. (38 CFR 4.6, 38 CFR 3.1, 38 CFR 3.6, 38 CFR3.303, 38 CFR 3.304) Service connection for multiple sclerosis remains denied on a direct basis since the evidence fails to establish a disease or injury was incurred during your period of active duty for training in the Air Force Reserves. In addition, since the evidence fails to show a qualifying period of service specified under 38 CFR 3.307, service connection on a presumptive basis must also be denied.(38 CFR 3.1, 38 CFR 3.6, 38 CFR 3.7, 38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.307, 38 CFR3.309) Favorable Findings identified in this decision: You have been diagnosed with a disability. Private treatment records from *** dated April 25, 2015, diagnosing multiple sclerosis. "

Hello, my initial claim was denied as you would expect. I am sending some new information and had a question. While searching decisions on the BVA I have found several that were nearly identical to mine that were granted. How would I incorporate this information into my claim? Should I write a letter and somehow cite the decision, or print it off and send it with mine?