Denied - Conflicting C&p

[carlie]

I was denied SC for Asthma. This is part of a C&P from 2002.

Here is a grand example of a conflicting C&P result. The portion of concern is my claim

for Respiratory Conditions. If you will notice the conflicting statements pertaining to

this claim, One Diagnosis states, "All impossible to relate to inservice without speculation."

Then under DIAGNOSIS further down the C&P doc states :

"with a history of seasonal rhinitis, recurrent upper respiratory infections (URI's), chronic otitis media, shortness of breath on physical training (PT) runs, to relate her chronic obstructive pulmonary disease and asthma, is as likely as not to be service connected."

I'd like some opions please.

Thanks,

carlie

[jbasser]

Carlie, are you SC for your heart disease?

There may be a way to service connect your lung disease using the aggravation rule for Asthma and Copd aggravate heart disease. Have you ever been diagnosed with Pulmonary Hypertension?

Edited January 12, 2008 by jbasser

[Ron II]

I was denied SC for Asthma. This is part of a C&P from 2002.

Here is a grand example of a conflicting C&P result. The portion of concern is my claim

for Respiratory Conditions. If you will notice the conflicting statements pertaining to

this claim, One Diagnosis states, "All impossible to relate to inservice without speculation."

Then under DIAGNOSIS further down the C&P doc states :

"with a history of seasonal rhinitis, recurrent upper respiratory infections (URI's), chronic otitis media, shortness of breath on physical training (PT) runs, to relate her chronic obstructive pulmonary disease and asthma, is as likely as not to be service connected."

I'd like some opions please.

Thanks,

carlie

I am rated 10 percent for asthma which began while I was on active duty and continues to this day.

Besides being in my SMR, I have pharmacy lists and records from private doctors that show that I have consistently used Albuteral for asthma since I was discharged. I know I am speaking to one of the Hadit experts, but do you have similar documentation? I think that is what sealed the decision in my case in addition to the C&P.

Good luck!

[carlie]

Ronn,

In the SMR's that the C&P doc referred to I was only 20 years old then, so I don't think

smoking for a year would have much effect on me, the claim was for asthma which

medical evidence shows in SMR's as documented on active duty. FYI, the pigs were not

funny to me as I don't expect to be compensated for any damage I've done to myself from smoking.

jbasser,

At eight months of age doctors found I had a congenital heart defect called

Indocardial Elastofibrosis, they put me on Crista-Digin, (pediatric digitalis) for

a couple of years and said it's a miracle - she has no cardic condition left

no more meds needed - this was Dr. Michael DeBakey (very well known) himself in Texas.

My mother (an RN) never told me about this because she felt that I might mentally

use this as a crutch in life, and not try hard enough to excel.

I went through the rest of my life just great, no problems in school, sports or the military.

Fast forward to about 1994 -- a VA ENT doctor sexually assaulted me on Federal Property,

I spent 5 years fighting the VA -- The Department of Professional Regulation -- a Federal Tort Claim --PTSD -- BANG -- Congestive Heart Failure came in during the first year, of this five year fight. HMMMM, somehow, this ENT doc had his license pulled for good, can never be employed

by the VA in any capacity --- and the FTC was settled through Court Ordered Mediation.

But I still have PTSD and my CHF hasn't gone away.

My VSO (at that time) had me file an 1151 claim (along with the FTC by a private attorney) for

the PTSD, ( which VA denied due to a 1999OPGC decision) and my CHF claim remains as

an active claim under 1151.

Thanks to all,

carlie

[jbasser]

Carlie, I have sent you a PM.

[Wings]

x

x

x

Carlie, I'm losing sight of what you are tring to accomplish.

What would YOU like to see happen with your claim(s): service connection, secondary service connection, aggravation?

Tell us what YOU want from the VA so that I/we can be more supportive. Be specific.

~Wings

[carlie]

Hi Wings,

In this thread, my issue is getting Asthma SC'd.

Thanks,

carlie