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Urinary Frequency Claim Denied


ddj6969
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Just received my decision and my claim was denied of course. In the denial they state that my claim was denied since the condition has not been shown to be caused by a diagnosed disability. I was treated for groin pain with urinary frequency in the service. I was seen by my Dr. for urinary frequency and by the VA Dr.

I was only filing for urinary frequency and was wondering how I should proceed with the NOD.

Thanks

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Personally I would immediatly file a notice of disagreement. This maybe as you know can be simply a typed letter stating that you disagree with the decision and why. Also I would reference and attach any and all military or civilian medical records which relate to this illness that date from service.

However, there MUST really be a reason for the pain and urgency. I would see a va Urologist and try to nail down a diagnosis both for your personal health needs, and for the claim. A diagnosis now will help you claim, but only in that you have a name to hang the symptoms upon.

I have not researched CFR 38 on urgency, but I would suggest that you look thru section 4, and try and narrow down exactly what category this rating might fall under. If you have incontinence, I do have all the relevant data, but not on urgency. It is probably covered under incontinence somewhere or close to it.

Bob Smith

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Frequency is a payable claim. I was looking through Sec. 38 and found that you do not need a diagnosed disability for a claim. It is covered under 3.317. I have also found some BVA decisions in the vets favor who did not have a diagnosed disability but had claims of unknown origin.

http://www.va.gov/vetapp08/files1/0803433.txt

I wish the VA would not put vets through this when we know we are right.

Thanks

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  • HadIt.com Elder

38 CFR 3.317 deals specifically with Gulf War Syndrome. If this condition began, and was treated while stationed in the Southwest Asia theater of operations, during the Persian Gulf War, then it could possibly be argued that this reg applies. Otherwise, it does not.

© Compensation shall not be paid under this section:

(1) If there is affirmative evidence that an undiagnosed illness was not incurred during active military, naval, or air service in the Southwest Asia theater of operations during the Persian Gulf War; or

(2) If there is affirmative evidence that an undiagnosed illness was caused by a supervening condition or event that occurred between the veteran’s most recent departure from active duty in the Southwest Asia theater of operations during the Persian Gulf War and the onset of the illness; or

(3) If there is affirmative evidence that the illness is the result of the veteran’s own willful misconduct or the abuse of alcohol or drugs.

The easiest thing to do at this point would be to find the record of the initial injury/onset of the symptoms and treatment, and show them to your PCP. Then ask the doc to sign a nexus statement that relates the diagnosed condition to a in service event, or a sc'd disability.

If you do not have a current condition with a "on the record" diagnosis, and a "on the record" nexus statement from a medical professional, then you are not going to get sc'd for it (GWS notwithstanding). Been there, done that, currently writing the NOD to include said diagnosis and nexus as new evidence. Good luck.

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38 CFR 4.115a Ratings of the genitourinary system—dysfunctions

Urinary frequency:

Daytime voiding interval less than one hour, or; awakening to void five or more times per night.....40

Daytime voiding interval between one and two hours, or; awakening to void three to four times per night.....20

Daytime voiding interval between two and three hours, or; awakening to void two times per night.....10

Edited by rentalguy1
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Just received my decision and my claim was denied of course. In the denial they state that my claim was denied since the condition has not been shown to be caused by a diagnosed disability. I was treated for groin pain with urinary frequency in the service. I was seen by my Dr. for urinary frequency and by the VA Dr.

I was only filing for urinary frequency and was wondering how I should proceed with the NOD.

Thanks

Just a quick note - outside of a claim for undiagnoses Illness for gulf war vets you will need a diagnosis. urinary frequency is simply a symptom. The filing of a NOD without a diagnosis and then a nexus of that diagnosis to your service just ain't gonna make it. Take a bit of time and gather the necessary evidence to win your claim (diagnosis and nexus to service). That way you will not be a sad veteran when you get a SOC in the mail. Your have 12 months from the date of your decision letter to file your NOD. Even if you file the NOD now you need to work quickly obtaining the things you need (diagnosis and nexus to service) Hope the bold statements give you a hint!!! B)

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Just spoke to my Dr. who agrees with me that the urinary freq. is caused by chronic prostatitis. He is going to write a letter diagnosing me with chronic prostatitis which began in the service and still continues today. As a result of that I have urinary frequency.

Will this cover the diagnosed disability and symptom?

I also looked back over my VA exam notes and the VA urologist states I have chronic prostatitis.

Thanks for the great help!

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