New Question- Cfr 3.307

[ruby]

In my denial they are using this statute "as the medical evidence fails to show a dx of etc within the time period specified under 38 cfr 3.307"

Where is the statute that says if you didn't miss dx it would have been within the year.

2nd question---if I ask for an increase based on the 0 sc for cyst(scar) and say this is now dx as HS how do you combat the 1 yr dx thing.

It said something to the effect of 10% rating or dx in 1 yr. I have a 0 and dx 32 yrs later.

If anyone understands what I am saying help me, I am not sure myself what I am asking.

[Rockhound]

Do you have any credible evidence, such as from a DR that you were treated for the cysts within one year after leaving service. Scars alone would not be sufficient evidence that they were incured within the one year of leaving service.

To show that the prior diagnosis is or was in error. that the treatment you recieved for the cysts was actully for the wrong diagnosis and that it should have been diagnosed as HS. That the records that show treatment for the Cysts with in the one year of leaving service are treatment, although the wrong treatment, for the HS.

I hope I am making since. Had some problems earlier today and now I am just waiting while an increase in med dosage kicks in.

Rockhound. :)

[Berta]

"Where is the statute that says if you didn't miss dx it would have been within the year"

I dont understand what you mean by "miss" the diagnosis.

"It said something to the effect of 10% rating or dx in 1 yr"

right-that is the crieria of 38 CFR 3.307

If a disability has manifested itself (by medical evidence) to at least 10% disabling within year after discharge-it can be a presumptive disability.

Some Chronic disabilities in 38 CFR3.307-such as Multiple Sclerosis-have a different criteria-

MS is I think- if at 10% within 7 years after service-

by medical evidence- it is presumptive to service.

The "0" SC for the (cyst)scar-

do you mean the cyst is Zero due to no residual disability after removal or the scar-

Scars are rated as to disfigurement, length etc- stuff like that-

if they removed a cyst I would think they would have to evaluate the scarring as per the ratings in this recent BVA decision:

http://www.va.gov/vetapp06/files6/0640258.txt

[Rockhound]

If you have credible evidence showing that the Cysts you were treated for in service, Which is already SC at 0 % for residual scars and credible medical evidence that the Cysr diagnosis and the HS is one and the same. That the Cyst diagnosis was in error and the HS is the correct one. Then all you have to show is a history of being treated for the Cyst/HS to prove a chronic condition existed. The hard part is showing that it was 10 % disabling during the presumptive one year of service.

Work history might show that you had to take time off from work for treatment and recovery, Anything credible evidence that shows you were effected financially as well as Medically could be of help. Did your employer have to make any allowances for you during the presumptive year, such as limited work duties, giving you time to heal. A noterized letter from him could be of some help. He doesn't have to be a medical professional to be a credible witness, that he knew of your condition and made allowances for it, as it affected your ability to do your job is all he has to attest to.

Rockhound :)

[ruby]

Thanks for the info. I think I am screwed. I am close to giving up. The stress is tearing my body up.The more stress I have the more infected cyst I get, been on antibiotics 2 months now. I feel like crap.

On 11/22/78 (DC 9/22/78) I was seen at the VA for this, they documented it as cellulitis R upper leg they gave me PCN I develeoped an allergy to this and went back within the hour.

On the ER exam they wrote Acute lymphadenitis ? infection

From this point on I removed them myself with either hot heat/soaks and when needed I lanced them myself. However, I did locate someone I knew back then that is aware that I had them all the time and they wrote a letter to that effect.

I was in school then 30 yrs ago I didn't work. No, I didn't go tell people about this.

I was told years ago, but it wasn't documented anywhere that they will come back and there's nothing to do about them except, hot soaks or lancing if needed.

In 1985 on a CE it is noted it is present at 2-3mm (very small).

"She had a cyst on her right thigh in 1976. She was at Paris Island at the time. She had it lanced while she was on leave and it had quieted down, however, it had retuned recently and is still present."

In 1986 the decision states A cyst of the right thigh, not more than 2-3 mm in diameter, recurred in 1984; the cyst is not currently infected or otherwise shown to be symptomatic.

I guess I have to look more in my records for this in 1984 to see what it says.

The dx of Hidradenitis is a chronic condition. It would have been ratable I think, but what do I know.

Any other thoughts or recommendations.

[ruby]

"Where is the statute that says if you didn't miss dx it would have been within the year"

I dont understand what you mean by "miss" the diagnosis.

"It said something to the effect of 10% rating or dx in 1 yr"

right-that is the crieria of 38 CFR 3.307

If a disability has manifested itself (by medical evidence) to at least 10% disabling within year after discharge-it can be a presumptive disability.

Some Chronic disabilities in 38 CFR3.307-such as Multiple Sclerosis-have a different criteria-

MS is I think- if at 10% within 7 years after service-

by medical evidence- it is presumptive to service.

The "0" SC for the (cyst)scar-

do you mean the cyst is Zero due to no residual disability after removal or the scar-

Scars are rated as to disfigurement, length etc- stuff like that-

if they removed a cyst I would think they would have to evaluate the scarring as per the ratings in this recent BVA decision:

http://www.va.gov/vetapp06/files6/0640258.txt

Sorry I had to do some drugs yesterday for pain and I don't function well on them at all.

No, what I am saying is I have a 0 % for a cyst. it was rated on par with a scar-new skin growth-benign

The "cyst" never went away and they reoccur I saw the VA in 1978 when I got out-however they didn't say cyst, they said celluilitis/lympanadenitis ? infection r leg.

It was noted on my 1986 CE-denied for an increase it wasn't acting up then.

This cyst apparently was the begininng of Hidradenitis it was just dx 2 weeks ago by my rheumatologist

Thanks for hour help