Proving In Service Connection

[hayley3]

They say in the denial that I failed to relate the arthritis condition to the service connected condition.

How can I show them that it is connected? What concrete evidence are they looking for? It almost seems like they didn't read anything I said.

This is what I typed up:

Timeline of disease history:

Cervicitis (treated in service) Symptom of reactive arthritis

Hemorrhagic Cystitis (treated in service) Symptom of reactive arthritis

Salpingitis infection (PID) resulting from the cervicitis/cystitis: Symptom of reactive arthritis (treated in service and service connected)

Acute knee pain (treated in service) Symptom of reactive arthritis

Back pain (sacroiliac arthritis) Result of reactive arthritis or inflammatory bowel disease.

I don't have the symptoms of inflammatory bowel disease (IBD) nor did I have an intestinal infection prior to the arthritis which is what causes IBD.

But like I said, my Dr was a jerk. The resident said it was reactive arthritis but the Attending? said it could be either Reactive or (IBD). I had a colonoscopy which should have ruled out the inflammatory bowel disease(IBD) because they found nothing but a polyp.

Anyway, I just thought I'd pass this by someone who may have some ideas. I think they didn't do their job.

[carlie]

"Timeline of disease history:

Cervicitis (treated in service) Symptom of reactive arthritis

Did you provide information relating to SMR's -- copies of SMR's would be good.

Hemorrhagic Cystitis (treated in service) Symptom of reactive arthritis.

My same opinion goes here.

Salpingitis infection (PID) resulting from the cervicitis/cystitis: Symptom of reactive arthritis (treated in service and service connected)

What percentage of service connection did VA grant for this disability ?

Acute knee pain (treated in service) Symptom of reactive arthritis

Did you provide information relating to SMR's -- copies of SMR's would be good.

Back pain (sacroiliac arthritis) Result of reactive arthritis or inflammatory bowel disease.

Medical doctor will need to provide a nexus.

I don't have the symptoms of inflammatory bowel disease (IBD) nor did I have an intestinal infection prior to the arthritis which is what causes IBD."

Medical doctor will need to provide a nexus.

Research sites for you:

38 CFR - Part 3 - Adjudication

http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr3_main_02.tpl

38 CFR - Part 4 - Schedule of Rating Disabilities

http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr4_main_02.tpl

M21-1MR

http://www.warms.vba.va.gov/M21_1MR.html

Hope this helps a vet.

carlie

Edited May 15, 2007 by carlie

[Berta]

"They say in the denial that I failed to relate the arthritis condition to the service connected condition.

How can I show them that it is connected? What concrete evidence are they looking for?"

You need to copy and highlight for them the SMRs that show:

Salpingitis infection (PID) resulting from the cervicitis/cystitis: Symptom of reactive arthritis

(treated in service and service connected)

They probably dont know exactly what reactive arthritis is:

http://www.medicinenet.com/reactive_arthritis/article.htm

Are you able to afford an Independent medical opinion?

In the underlined statement of the VCAA letter they sent you- what did they specifically ask for regarding the reactive arthritis claim?

Is this condition noted on your discharge physical also?

[Berta]

"It almost seems like they didn't read anything I said."

Veteran I just went through 5 years of VA BS- all of the claims filed and all the stuff that went with them and all of the SOCs and denial letters (a copy of my C file)

I found right in the c file something the VA said they didnt have- yeah right-

I just said the very same thing to myself!

The VA in initial letters for each claim NEVER gave me the right decision and never read the evidence until I got tough.This involved DIC as well as Chapter 35 and other

stuff.

I won all of those claims ----still I have years and years of VA BS here- and some of the denials were extraordinary.and very creative.

and all were blatantly wrong.

I even filed for an Administrative Review in VA Central in DC at one point.

The VA lawyer called me up within days- he said they never get these requests -he only saw one before mine and it was from a VA employee-and he wondered why I filed it-

and I said because VACO has lawyers and lawyers know how to read.

I could not find anyone at the Buffalo RO who seemed to have that ability.

Well long story-I won that one too-

but I noticed that-in many submissions of my evidence on these older claims- someone at VA had highlighted part of the statement but failed to address the medical evidence it reffered to at all.

I knew the c file had what VA said recently wasnt there but I took the time to check it anyhow- and I hope this encourages someone-

denial after denial, fight after fight, considerable overwhelming evidence----

and years later the war of the words was over.

The evidence that they listed in the initial denials never changed-it was all in the veteran's medical records-

but it took them years to read it.

That is why Persistence as well as evidence is the name of the VA game.

Edited May 15, 2007 by Berta

[hayley3]

I have none of my service medical records. But they have copies.

What exactly do you mean the medical doctor will need to provide a nexus. I know that nexus means link. I'm assuming you're saying that, no matter what's in my records, if the Dr doesn't come out and say it, it means nothing.

Thanks

"Timeline of disease history:

Cervicitis (treated in service) Symptom of reactive arthritis

Did you provide information relating to SMR's -- copies of SMR's would be good.

Hemorrhagic Cystitis (treated in service) Symptom of reactive arthritis.

My same opinion goes here.

Salpingitis infection (PID) resulting from the cervicitis/cystitis: Symptom of reactive arthritis (treated in service and service connected)

What percentage of service connection did VA grant for this disability ?

Acute knee pain (treated in service) Symptom of reactive arthritis

Did you provide information relating to SMR's -- copies of SMR's would be good.

Back pain (sacroiliac arthritis) Result of reactive arthritis or inflammatory bowel disease.

Medical doctor will need to provide a nexus.

I don't have the symptoms of inflammatory bowel disease (IBD) nor did I have an intestinal infection prior to the arthritis which is what causes IBD."

Medical doctor will need to provide a nexus.

Research sites for you:

38 CFR - Part 3 - Adjudication

http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr3_main_02.tpl

38 CFR - Part 4 - Schedule of Rating Disabilities

http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr4_main_02.tpl

M21-1MR

http://www.warms.vba.va.gov/M21_1MR.html

Hope this helps a vet.

carlie

[hayley3]

I forgot to say I'm 50% sc for a hysterectomy because of the PID/cervicitis.

I sent them tons of information on reactive arthritis (maybe too much)

Rheumatologists are very expensive and this is an immune disorder and I don't have insurance. I was so sick in 2000 that I had to quit my job and I worked for the VA hospital! I am raising a child on very little money.

I don't know what a VCAA is. But the only thing I remember them asking for is the addresses and phone numbers of all the physicians I had seen when I had insurance. I wouldn't know if it is on my discharge physical. My discharge was in 1982 and that's why this is so hard for them because it's been so long since it started.

They also said that the MRI failed to provide a diagnosis but they did the MRI of the wrong area.

Thanks!

"They say in the denial that I failed to relate the arthritis condition to the service connected condition.

How can I show them that it is connected? What concrete evidence are they looking for?"

You need to copy and highlight for them the SMRs that show:

Salpingitis infection (PID) resulting from the cervicitis/cystitis: Symptom of reactive arthritis

(treated in service and service connected)

They probably dont know exactly what reactive arthritis is:

http://www.medicinenet.com/reactive_arthritis/article.htm

Are you able to afford an Independent medical opinion?

In the underlined statement of the VCAA letter they sent you- what did they specifically ask for regarding the reactive arthritis claim?

Is this condition noted on your discharge physical also?

[SLEDGE]

hayley3,

A doctor who specializes in your particular medical problem needs to examine you AND your inservice medical records so the doctor can establish, on paper, the most probable CAUSE of your medical condition and WHEN it was first treated and HOW the inservice medical condition is directly related to your present medical condition.

The inservice medical condition has to be connected to your present medical condition through the opinion of a true expert within that particular medical specialty.

The opinion should be as short as possible so the person reading it at the VA doesn't get bored.

It needs to spell out in plain language why the medical condition is directly connected to your service.

The doctor has to list his qualifications.

If you can supply supportive statements to back up your service connection contentions, from friends and/or relatives, be sure to have their signatures notorized and dated.

Then be prepared for a stupid denial that does not reflect the actual facts as they existed at the time that you submitted them to the VA.

sledge