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.

[Kirk]

Perhap I was lucky with my case, but I had a VA doc write "probably" and a civilain doc say "presumably" and both were weighed evenly by The BVA. On the other hand I was denied at the VARO first.

[Hoppy]

haley3,

If the doctors who you have been talking to have not reviewed your SMR then their opinion is not credible evidence whether they agree with you or not. If you keep reading appeal cases or adjudication law you will notice that a doctors report that is based on the veterans verbal statments and without review of the SMR can not be used as evidence.

The doctor needs to read the SMR and the post service medical reports and write an opinion that there is more likely than not a nexus. If the doctor were to write that there is at least as likely as not or a 50%, 50 chance that is when the benefit of the doubt rule would come into play.

Your SMR needs to show a chronic condition in the military or at least a diagnosis of symptoms in the military that through continuity of treatment after service can establish that you have a chronic condition currently that was due to military service. Merely having the same diagnosis in service and post service is not sufficient for service connection. However, it should have been sufficient to cause the RO to schedule a C&P exam to resolve the nexus isssue. If you get your SMR and post service reports with the same diagnosis take them to your SO. let us know on hadit and possibly take them to a senator and complain that you deserve a C&P to resolve this issue.

If you have an SO the SO was expecting the VA to see the obvious connection between your in service condition and your current condition. If you were denied then the nexus did not jump of the page and now you need to get a doctor to address the nexus issue.

It is not uncommon for the VA not to make the association of the nexus and cases are won when they are denied in the manner yours was denied. I also had a big problem with VA doctors not wanting to get involved and even lying about there ability to assist. You need to get the SMRs and take them with you and make the doctors put there opinion in writing in your file. Get your SO to help you get the nexus letter in the proper format for the VA.

The doctors who failed to help you probably did not even write it up. If they did, it could say you had no evidence of a medical condition in the military in your possesion. They just are not required to take your word for it. If you have a valid claim they are less likely to give you the run around if you make them put there opinion in writing whether they agree or disagree with you. Once they put something in writing that is bogus then you can file a complaint against their license. If they just verbally ignore you then complain to customer care at the VAMC that they are failing to get invloved. This worked for me and they sent me to a staff doctor who was willing to write a report. That report got me 100%. They ran me around for five years before I found hadit and got the nexus letter.

[hayley3]

My probably had a question mark in front of it, so it looks more questionable maybe.

Perhap I was lucky with my case, but I had a VA doc write "probably" and a civilain doc say "presumably" and both were weighed evenly by The BVA. On the other hand I was denied at the VARO first.

[hayley3]

Thanks Hoppy. You bring up some very important info that I wasn't aware of about the SMR's. However I'm service connected for one thing only and that is the infection that I am saying caused the arthritis. It's such a simple connection and yet the VARO said that "Evidence does not show the arthritis is related or there was any evidence of this disability during your military service".

The jerk Dr says the "back pain seems to have started after PID infection many years ago" which is service connected. But then he states, xrays suggest SI joint sclerosis and so wonder about the possiblity of Reactive arthritis". But then in the Assessment field on the progress note he puts, "?Reactive arthritis".

I will just pray that the IMO will give me a diagnosis on the first visit. I am already in so much debt that I do not need anymore.

Very good info, and it gave me hope. I will read it over many times. Thanks!

Susie

haley3,

If the doctors who you have been talking to have not reviewed your SMR then their opinion is not credible evidence whether they agree with you or not. If you keep reading appeal cases or adjudication law you will notice that a doctors report that is based on the veterans verbal statments and without review of the SMR can not be used as evidence.

The doctor needs to read the SMR and the post service medical reports and write an opinion that there is more likely than not a nexus. If the doctor were to write that there is at least as likely as not or a 50%, 50 chance that is when the benefit of the doubt rule would come into play.

Your SMR needs to show a chronic condition in the military or at least a diagnosis of symptoms in the military that through continuity of treatment after service can establish that you have a chronic condition currently that was due to military service. Merely having the same diagnosis in service and post service is not sufficient for service connection. However, it should have been sufficient to cause the RO to schedule a C&P exam to resolve the nexus isssue. If you get your SMR and post service reports with the same diagnosis take them to your SO. let us know on hadit and possibly take them to a senator and complain that you deserve a C&P to resolve this issue.

If you have an SO the SO was expecting the VA to see the obvious connection between your in service condition and your current condition. If you were denied then the nexus did not jump of the page and now you need to get a doctor to address the nexus issue.

It is not uncommon for the VA not to make the association of the nexus and cases are won when they are denied in the manner yours was denied. I also had a big problem with VA doctors not wanting to get involved and even lying about there ability to assist. You need to get the SMRs and take them with you and make the doctors put there opinion in writing in your file. Get your SO to help you get the nexus letter in the proper format for the VA.

The doctors who failed to help you probably did not even write it up. If they did, it could say you had no evidence of a medical condition in the military in your possesion. They just are not required to take your word for it. If you have a valid claim they are less likely to give you the run around if you make them put there opinion in writing whether they agree or disagree with you. Once they put something in writing that is bogus then you can file a complaint against their license. If they just verbally ignore you then complain to customer care at the VAMC that they are failing to get invloved. This worked for me and they sent me to a staff doctor who was willing to write a report. That report got me 100%. They ran me around for five years before I found hadit and got the nexus letter.

[Berta]

Hoppy -that was a great post and it cannot be said enough-

Veterans need to see their SMRs themselves-most of the time-if not claiming a presumptive disability) to make sure nothing important in them is overlooked.

And you are right about the C & P too- I challenged a C & P for Rod- because they were still looking for his records as we left the VAMC----the C & P doc had no 'rationale' for his statements. They were trying to lower Rod's comp (30% then) to 10%.

They reversed upon receipt of the NOD.