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Question On Old Claim


tagandbag
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  • HadIt.com Elder

I have a question. I filed a claim in 1971 for typhus and secondary conditions. It was denied and I never replied with a NOD or anything. I had actually forgot about it until I filed for PTSD in 2007 and included a claim for typhus with it. Of course they denied it again as unproven. I have those medical records and it does say unproven, but suspected, along with treatment and symptoms of a tropical disease. The medical records show without a doubt that I had some type of disease. So, I am thinking It should be service connected for a tropical disease, even if I dont get a %. So, if that is possible to get it sc'ed, would it go back to 1971 or would it be considered a new claim. I hope you can follow what I am saying and I guess it is hypothetical. I relayed this information to my atty. that recently took my case. He did respond with a NOD, that relates to this and sent it to the VA.

T&B

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Do you have documented residuals that can only be attributed to the Typhus?

Even if your SMRs show typhus or some tropical disease-the VA can only rate any residual disability you still have.

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PS there are many forms of typhus -what kind did you have?

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  • HadIt.com Elder

Berta, from the symptoms it was more than likely scrub typhus. As far as residuals, that is real grey area. I believe that it did some damage to my eyes, either from massive ammounts of antibiotics or the high fever of 103 to 105. extreme headache and backache, febrile and delirious for two days. I believe it caused vasculitis from the headache symptoms and phototobia from the antibiotics. The reason are I did not have floaters before the typhus, thats why I filed in 1971. Then I wound up with a retinal detachment about 5yrs ago, floaters are pre retinal dertachment. Also the VA knows I have phototobia, because they presribe the gradient lens free of charge. I am just want to get it sced some how. In case of liver ,spleen,kidneys, lungs which typhus can effect, but posibly not show up for years.

T&B

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Your attorney would know if there is any basis for a CUE claim here-hat could generate award back to 1971-

BUT I am sure the VA would find no ratable residuals again- CUE is only good as long as the VA actually owed you money at time of past final decision.

If you can afford an IMO -this in my opinion would be the only way to find out if you do have residuals that are ratable and directly due to the typhus-with no other possible etiology.

Nothing is impossible - but everything can become difficult-

I assume the VA has ruled out diabetes as reason for your retinal problems and floaters?

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  • HadIt.com Elder

Thanks Berta, I know the whole thing is a stretch. As far as diabetes, I do not have it. The Va does a blood work up every 3 mos.

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Maybe not a stretch--

I just got 1470 hits for scrub typhus and retinal damage-

of course each hit would have to be read-but I could determine after brief search that there is an association there-

I cant tell if the retinal damage shows up right away or could show up years later-

there are 38 claims at the BVA on this condition-most on remand -

question- could this have been dengue fever or even malaria?

This vet got 100% temp for scrub typhus residuals but she lost the appeal to extend that rating-:

http://www.va.gov/vetapp95/files4/9518560.txt

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