Claim Assistance

[BernieB]

Does anyone have any information about filing a VA clain for scoliosos (curved spine) and pre-skin cancer?

I entered the AF with scoliosis, and later suffered back trouble that put me in the hospital. Yes, it is in my records.

While in the AF, I got a lot of bad, bad sunburns from having to work outdoors - I have very light skin. This is in my records as well. Now, I'm 46 and getting skins cancers cut off my head.

I don't know enough about the benefit regulations to know if any of these conditions are covered.

Can someone point me in the right direction? Thanks. Bernard

[rattattat]

Found a favorable BVA scoliosis decision.I didn't paste the complete citation just the main parts.

If your case is similar, you could win.

Citation Nr: 0731738

Decision Date: 10/08/07 Archive Date: 10/23/07DOCKET NO. 05-18 528 ) DATE ) )On appeal from theDepartment of Veterans Affairs Regional Office in Hartford, ConnecticutTHE ISSUEEntitlement to service connection for scoliosis.INTRODUCTIONThe veteran served on active duty in the military from June 19, 2002, to August 29, 2002.FINDING OF FACTThe veteran's current scoliosis clearly and unmistakably pre-existed service, but was aggravated during that service.CONCLUSION OF LAWThe criteria for service connection for scoliosis are met. 38 U.S.C.A. §§ 1110, 1111, 1153, 5107 (West 2002 & Supp. 2007); 38 C.F.R. §§ 3.1, 3.6, 3.102, 3.303, 3.304(<_<, 3.306, 3.307(d) (2007).REASONS AND BASES FOR FINDING AND CONCLUSIONThe board is granting the veteran's claim for service connection for scoliosis, in full, this claim is substantiated, and there are no further VCAA duties. Governing Statutes and RegulationsEstablishing service connection generally requires (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the present disability. A veteran is presumed in sound condition except for defects noted when examined and accepted for service. Clear and unmistakable evidence 1) that the disability existed prior to service and 2) was not aggravated by service will rebut the presumption of soundness. 38 U.S.C.A. § 1111; Wagner v. Principi, 370 F.3d 1089 (Fed. Cir. 2004); VAOPGCPREC 3-2003. To satisfy the second requirement for rebutting the presumption of soundness, the government must rebut a statutory presumption of aggravation by showing, by clear and unmistakable evidence, either that (1) there was no increase in disability during service, or (2) any increase in disability was "due to the natural progression" of the condition. Joyce v. Nicholson, 443 F.3d 845, 847 (Fed. Cir. 2006).If the presumption of soundness is not rebutted, the claim becomes one for service connection, meaning that no deduction for the degree of disability existing at the time of entrance will be made if a rating is awarded. Wagner v. Principi, at 1096.Legal AnalysisThe veteran acknowledges that she was diagnosed with scoliosis as a child, but contends that the condition was asymptomatic prior to service. During basic training, however, she began to experience low back pain and muscle spasms. Records from Connecticut Children's Medical Center indicate the veteran was diagnosed with mild scoliosis in August 1995 when she was in the sixth grade. She was active in sports and had no apparent symptoms associated with this condition. It was recommended that she return in six months to determine whether there were any changes in her condition. In April 1996, X-rays showed mild scoliosis without any changes since the previous examination. She reported no pain or other problems with the condition.The veteran's service medical records show that after 2 1/2 months of service, it was determined that scoliosis had existed prior to service and she was medically discharged. The available records do not include a service entrance examination.A November 2002 letter from the veteran's chiropractor indicates she was being seen for low back pain. It was noted she had scoliosis with bilateral pain in the thoracic-lumbar region and muscle spasms.In July 2003, the veteran submitted statements from two friends and her mother. These statements attest that the veteran was diagnosed with scoliosis as a child, but was very active in sports until she entered basic training. Since then, she has had chronic low back pain and has been unable to participate.The report of the April 2007 VA examination indicates the veteran complained of intermittent pain, stiffness and weakness. On objective examination, mild scoliosis of the lumbar and thoracic spine was noted. She had limited range of motion with pain, which was exacerbated by repetitive movement. X-rays showed mild scoliosis of the lumbar and thoracic spine. The examiner opined that the veteran's scoliosis was at least as likely as not aggravated by her military experience and a motor vehicle accident in August 2004.Because there is no evidence that a back disability was found when the veteran was examined and accepted for service, the presumption of soundness is for application. 38 U.S.C.A. § 1111. In this case, there is clear and unmistakable evidence that the veteran's scoliosis preexisted military service. There is also evidence that her condition increased in severity and led to her medical discharge. There has been no finding that this increase was due to the natural progression of the disease. Therefore, the evidence indicates her scoliosis was aggravated during her military service and the presumption of soundness is not rebutted. Accordingly, the claim becomes one for service connection. Wagner. The evidence shows scoliosis in service, a continuity of symptomatology since service, and current scoliosis. The elements for service connection are established. Service connection for scoliosis is therefore, granted.ORDEREntitlement to service connection for scoliosis is granted.

[rentalguy1]

You can definately file for both. You have evidence of excessive sun exposure while in the military, and a current disease; skin cancer. All you need to win that one is the nexus, or a doctor's statement that the cancer was caused by the exposure...that should be very easy to get.

Your scoliosis will be a bit tougher to rate, but not to win. You had the condition prior to service, but you have evidence (hospitilization records) that it was aggrivated by the service. That is another easy win, but you/the rater will have to determine what level the disability was prior to service to exact a current net level of disability.

Berta...you're darned right tarmacs get hot. I was a helicopter crewchief, and while I've been on many a hot tarmac (wet bulb reading at Ft. Hood, TX airfield read about 160 most days through the summer) nothing compares to working on a helicopter in the desert while at MOPP level 4.

[BernieB]

I do appreciate the help. I'm new to the system and has kicked myself since I found out that the examiner for my reflux is a nurse practitioner.

My skin was exposed in Texas, Sicily and southern California. We were ordered NOT to wear T-shirts.

I was able to play somes sports with scoliosis, but that has gotten more difficult as you get older. I walk to help stay in shape, but it's getting more difficult to do anything more difficult than that.

You net Tarmacs are hot. I burned my feet for Bob Hope at Norton Air Force Base.

You can definately file for both. You have evidence of excessive sun exposure while in the military, and a current disease; skin cancer. All you need to win that one is the nexus, or a doctor's statement that the cancer was caused by the exposure...that should be very easy to get.

Your scoliosis will be a bit tougher to rate, but not to win. You had the condition prior to service, but you have evidence (hospitilization records) that it was aggrivated by the service. That is another easy win, but you/the rater will have to determine what level the disability was prior to service to exact a current net level of disability.

Berta...you're darned right tarmacs get hot. I was a helicopter crewchief, and while I've been on many a hot tarmac (wet bulb reading at Ft. Hood, TX airfield read about 160 most days through the summer) nothing compares to working on a helicopter in the desert while at MOPP level 4.

[BernieB]

With the sunburn in your records ( and I assume the Mil might not have suppied sunscreen in those days- as they sure do now)and the obvious residual cancers-I am sure you could succeed on a SC claim.

Do you have any residuals for any possible heat stroke?

I discussed this with an attorney who reps vets the other day-

he is having a heck of a time with 3 claims at the BVA-

the veterans have documented heat stroke in their SMRs.2 had been hospitalized in the Mil for it.

they claim heat stroke residuals today-

(I dont know what heat stroke residuals would involve)

He got the NOA (National Weather Service Reports for the temps and dry bulb, humidity info etc for the exact days they claimed exposure to high heat during training exercises-or maneuvers etc-when a red flag was either up or supposed to be up.

I dont know if any of them were Nam vets-obviously they were always exposed to heat-

you mentioned USAF in the profile here-

I went to private pilot school -I am a civilian-so I know

tarmacs can get HOT too-

heat and sunlight is also reflected off planes-

I think many vets have been exposed to sunburn with residuals as well as high temps that could have caused residuals.

no heat stoke. heat exhaustion, yes.

[Berta]

Do you have your complete SMRs Bernie-

and also= do you have any SRB- service record books or anything that prove your duties -maybe your MOS on your DD 214 covers them-

I often see a MOS on a DD 214 that does not reflect at all exactly what the vet did in service.

[BernieB]

Do you have your complete SMRs Bernie-

and also= do you have any SRB- service record books or anything that prove your duties -maybe your MOS on your DD 214 covers them-

I often see a MOS on a DD 214 that does not reflect at all exactly what the vet did in service.

Hi, Berta: thank you for your comments. I have most of the records. My doctor has the rest, the embarrassing stuff. I was an admin type in the Air Force, but I did a lot of grunt work being a young airman. That's how I hurt my back. Scoliosis was on my enlistment physical records. They knew that when they book me. Now, I have early spinal arthritis in my lower back.