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Service Conection

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schauba

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I was in iraq and suffered from chest pain and shortness of breath. When i went to sick call they treated me as muscle pain i told them that i think i have asmha. I am out of the military and i have asmha but they denied my service connection because of nothing in my medical records. What else can I do?

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  • HadIt.com Elder
I was in iraq and suffered from chest pain and shortness of breath. When i went to sick call they treated me as muscle pain i told them that i think i have asmha. I am out of the military and i have asmha but they denied my service connection because of nothing in my medical records. What else can I do?

Welcome Home!! Your hadit signature says you're 40% combined ... is that a related medical condition???

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Welcome Home!! Your hadit signature says you're 40% combined ... is that a related medical condition???

Well 20% is for back 10%left knee 10%left elboy and 10% for allergies but instead of them giving me 50% they give me combined rating of 40%

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The answer is yes, But first you should get an IMO to support your having acquired asthma during service or that if you had it prior to service that it was agrivated by service. An expert in the field who has treated a lot of people and/or written medical papers on the subject, anything that helps to quantify his expertise.

Their is a little rule called presumption of sound condition. If you did not have or know you had asthma prior to enlistment and it was not noted on your enlistment physical, then the VA must prove that your condition exsisted before service and if it was, that it wasn't agrivated by service.

Evidence of occurance and treatment must have been within one year of discharge I believe and since they denied your claim, it is best that you notify them of your decision to appeal and appeal within one year of the date you were denied.

Just because their is no sign or record of symptoms and treatment during service doesn't mean that within the year of discharge you developed more severe symptoms that could be diagnosed and treated for.

Make sure you send your intent to appeal as soon as possible so you can get a SOC so you can see exactly why they denied your claim. Then you will have some idea on how best to proceed.

good luck

Jim S. B)

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Have you had a VA pulmonary exam Pulmonary function test? Was Asthma diagnosed within the first post service year?

well the va center here in temple texas doesn't have this. At first when i came back from iraq i was going to the va complaining of asthma and they just gave me medicane. I went to a civilian doctor and had two pulmnary function test done showing that i have asthma. When i was there the doctor told me that they probobly miss diagnosed me when i was in the army.

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  • HadIt.com Elder

If your SC allergies cause or aggravate your asthma, you could get an independent medical opinion that states "it is as likely as not" his asthma is caused or aggravated by his allergies.

See

§3.310 Proximate results, secondary conditions.

(a) General. Except as provided in §3.300( c), disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.

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