diabetes Service Connection Due To

[Berta]

Yikes-this issue came up here today but when I left the BVA web site I couldnt remember what post!

Service connection can be obtained due to inservice aggravation of pre-existing condition as well as aggravation after service of a NSC condition-due to an established SC condition.

Example of inservice aggravation-

http://www.va.gov/vetapp08/files1/0808223.txt

The veteran acknowledges that his perforated right ear drum disability began in childhood prior to service. Based on the service medical records and the veteran's statements, the Board finds clear and unmistakable evidence that the perforated right ear drum disability existed prior to service. The appellant, however, argues that his disability was aggravated by his military service. The service medical records note that the disability existed prior to service and that during service the veteran's right ear was treated for an infection caused by water exposure. While the appellant's perforated right ear drum disability predated service, the veteran may be awarded service connection based on in-service aggravation. In order to establish service connection the veteran must provide evidence of a current disability, an in-service aggravation, and a nexus between the current disability and an in-service aggravation. A preexisting injury or disease will be considered to have been aggravated by service where there is an increase in disability during service. Aggravation may not be conceded where the disability underwent no increase in severity during service on the basis of all the evidence of record pertaining to manifestations of the disability prior to, during, and subsequent to service. 38 C.F.R. § 3.306. The veteran submitted a December 2004 letter from Dr. Yanagisawa who opined that it was likely that the veteran's right ear condition was aggravated and worsened while in the military. In August 2007, a VA examiner opined that exposure to water in the military aggravated the pre existing right tympanic membrane perforation. The medical evidence is far from conclusive with respect to the issue on appeal. However, VA has not failed to meet the burden of showing no in-service aggravation of the preservice disability. Indeed, the evidence is at least in a state of equipoise relative to the question of aggravation of the perforated right ear drum disability. Thus, service connection for perforated right ear drum disability is warranted. ORDER Entitlement to service connection for a perforated right ear drum disability is granted. This vet below claimed aggravation rather than secondary-http://www.va.gov/vetapp07/files3/0726519.txt

CONCLUSION OF LAW Service connection for chronic renal insufficiency based on aggravation from the service connected diabetes mellitus is warranted. 38 U.S.C.A. §§ 1110, 5107 (West 2002); 38 C.F.R. §§ 3.102, 3.310 (2006).

[purple]

I have a problem with this. Now the VA is going to allow pre-existing conditions to be considered and SC'd? I think this sets a bad precedent.

[jbasser]

Purple, that has always been the case. The reg is spacific as it states that the agravation and only the extent of the agravation will be service connected.

A good example is for the folks that have sleep apnea. If you are SC'd for lung or heart disease than there is a chance it aggravates OSA.

Your lungs are already impaired.

Before anyone proceeds with a complex claim like this it is best to know this reg and one should get a specialized IME with medical tests before one pursues the isue.

J

[purple]

jbasser-

but in your example, they wouldn't have any of those conditions prior to entering the military or else they wouldn't be allowed in. lung/heart disease and sleep apnea are all no-go's for entering the military.

[jbasser]

Purple, it does not matter when the condition arose. all that matters is the aggravation factor.

J

[purple]

Berta's example is talking about a vet who had an injury in childhood. Your example was talking about conditions all arising during service....that is what has me confused.

When I was a recruiter, potential recruits were screened carefully for pre-existing conditions just for this reason and also to potentially DQ ppl for military service for medical reasons. Any and all medical conditions were carefully noted and we even asked recruits to get medical records (I was an AF recruiter) if there was any questions.

I don't think that any condition that existed prior to someone entering the military should be allowed to be SCd at some later date.

[jbasser]

This vet had a perforated ear drum before service.

During service he got water in his ear and got an infection.

That agravated the ear drum thus service connecting his ear.

It makes sense and a good argument was presented.

In reality that was a million to one shot though.

The Vet should have also bought a lottery ticket.

J