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Showing results for tags 'preexisting'.
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I had infant asthma with all signs and symptoms of asthma gone by the time I was 9 or 10 years old. On my pre-enlistment questionnaire, I marked I that I had had asthma (question says do you have or have you had) I had it as a kid and it was gone. I enlisted in the Navy in 1979 and based upon all the research I have been able to find, with any history of asthma, I don't think I should have been allowed to enlist. I have my service records and they are silent of any respiratory testing to enlist. The best I understand is they accepted me with a presumption of soundness. I had not had any sort asthma symptoms for at least 8-10 years prior to service. During rigorous running and physical training in boot camp, I had an asthma attack and had to go to the dispensary. I filed a claim recently for service connection for asthma because it was aggravated in service and I was treated for an attack in service. I also have a 40% rating for a knee condition and have not been able to do much to be active over the years. At my most recent yearly VA physical, my cholesterol and weight were both going up so I figured I needed to do something to get some exercise. Swimming laps is something suggested to me so I tried that and after about 20 minutes of laps I had to quit because I was having asthma breathing problems. I told my VA doctor who treated me with a daily inhaler and a rescue inhaler. Both have helped improve symptoms. The VA denied my claim for asthma saying it was preexisting. I had been asthma free for almost a decade prior to service. If regulations at the time I enlisted say I should have been disqualified for service, but they let me in with a presumption of soundness, what steps do I take in my appeal? My mother has written a lay statement of the chronology of my childhood asthma and when symptoms were gone. How do I show aggravation v exacerbation? What should a doctors IMO say? Thank you.
Good day Good people of Hadit: I recently reviewed my medical records from MEPS and discovered I was documented to having mild pes planus as a pre-service condition. With all of the lower extremity issues I have had throughout my service (and continue to have), none of my in-service records beyond MEPS indicated I had flat feet. Recently, I was diagnosed with severe flat feet by my physical therapist during my initial evaluation. I was also told from my podiatrist that I have moderately severe flat feet and plantar fasciitis in my left foot which that got me looking into claiming this disability with the VA in the first place. I am currently service connected with Right Ankle Achilles tendonitis and bursitis 10%, Left knee injury postoperative residuals 10%, and Left Knee meniscal tear with ACL tear 10% for my lower extremities. Other issues I do have is weakness in my thigh muscle from the ACL surgery that has not healed or developed properly, continued pain in both feet, bilateral knee aches, and back spasms (all in which I have been to the doctor and referred to attend physical therapy sessions). If I have this pre-existing condition recorded from MEPs and it is worst now than it was when I entered the service, can I claim it. Also, how would it effect the other lower extremities I am currently service connected for? Will it lower, increase, or not effect them. I want to make a wise claim, and not something that will complicate it even more. Any thoughts, guidance, or experience with favorable or unfavorable results? Thanks.
Manonfire posted a question in Entitlement - Veterans Compensation Benefits ClaimsHello again everyone. I recently received my records from the National Archives. My case goes all the way back to 1988 when I first filed with VA for back pain and was denied (reason - preexisting condition), and again in 2006 and was denied again (reason - preexisting condition). I was hoping I would have been awarded due to a service aggravated condition. I've attached my MEB and PEB findings from 1988 and was hoping Berta, Asknod, along with any others, could take a look and give an opinion. I had no issues during basic training and AIT. I was injured two weeks prior to the start of active duty, after being in the reserves two years, in a motorcycle accident. I was injured again during field training a few months after being deployed into Germany. From there I have a clear record of treatment afterwards thus leading to the MEB/PEB findings and discharge. This past year I was finally granted medical care access by VA after 27yrs. The VA had kept saying I wasn't eligible prior to this because of the 24-months of service rule even though my discharge or DD214 clearly says "Physical Disability with Severance Pay," which nullified that rule. So I'm finally getting treatment for my back, anxiety, depression, sleep apnea, and a number of other issues for which I'm grateful. When/IF I get the C-File, I'll post those earlier VA decisions and more information. Five months ago DAV sent a FOIA request to VA for my C-File for which I am still waiting a copy and status update. Neither the VA nor the DAV Cleavland office has responded to my emails or messages left. Ebenefits shows the request was closed in August of this year so I'm not sure what else I can do to get them to give me a copy. As always, thank you all for your input. This site is an incredible resource in navigating the VA maze. I have learned so much here. Thanks again and I look forward to your help. MEB P1.tif MEB P2.tif MEB Proceedings.tif PEB Proceedings.tif