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Showing results for tags 'presumption of soundness'.
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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. -
Given this situation: Entrance exam . Decision letter text: Rating criteria This recent BVA CUE win stated the denial was based on verbal statements instead of the presumption of soundness and criteria for aggravation was incorrectly used instead of direct SC. http://www.va.gov/vetapp14/Files3/1422654.txt Question 1 Could the same CUE logic be applied if subjective statements in STRs by the veteran are given more weight than the presumption of soundness and the claim was treated as aggravation instead of direct SC? Question 2 If the VA states "the difference between disability evaluations before and after military service determines the degree of disability subject to SC", did the VA correctly reduce by 10% or should 0% have been used because the entrance exam failed to meet 10% criteria? Thanks
