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).

[Mr cue]

i have acue that is on this subjet and presumtion of soundeness and in the line of duty and a statement made by a veteran can not be use to denied a claim.are a few reg and law i use in my cue. i also was deined for an injury to my elbow because i checked i broke it on entry exam and recuitor exam when i was 12yr old each doc on each exam stated healed i had a fall where i injury neck and elbow.neck was service connected elbow deined because i was to have say i had problem with it before services and i never told recuitor on recuitor exam i checked it and doc stated healed after fall ex ray show bone chips on the elbow

[LarryJ]

Larry-

SCd issues only. But not for everyday illnesses like.........ear infections......as the example that was provided. That crosses the ridiculous line for me. That person knew of their ear condition...they could have worn ear plugs to keep water out of their ears.

I just read of many things being claimed that shock me.

I think that the individual circumstances surrounding a claim, no matter how ridiculous it may seem on the surface, has to be taken in consideration.

For example, this vet was an early Korean vet (1952-53), probably long before such things as "ear plugs" were ever conceptualized, much less a matter of standard Army issue. And, who is to say, from the existing "records", just what he went through to acquire this ear infection (I had an uncle that darn near drowned and wound up with pneumonia and lung destruction, which was not something that a "normal" Army personell would have suffered in his line of duty (tank destroyer)..............UNTIL you read his personnel records and find that his glider wound up in a river during the D-day invasion (actually the night BEFORE the D-day invasion of France...). It seems that, with both legs broken and several MILES the WRONG side of the beach made it kinda hard to get him to "sick bay" for several days..............).

So, I feel it necessary to point out that compassion and consideration of the circumstances need to be taken in consideration......regardless of our initial skepticism.

[john999]

Purple

Standards for enlistment for the Army and Marines are a little different than the AF, especially when there is a shooting war going on like Vietnam. When the military needs bodies for the combat arms the rule book gets thrown out the window.

[bern381]

I agree Larry. It is difficult for us to understand what people have been through. Many times, a simple ear ache is much more involved. Besides, who are we to judge another man when we haven't walked in their footsteps?

[vaf]

In the early 80's, my husband re-enlisted in the USAF after a break in service. All branches of the military had offices in a small strip mall in Vegas, where we lived at the time. While sitting in the waiting area, I heard the Army recruiter ask a young man, "Well, what KIND of felony?"

That would have been a deal killer for the USAF...

[LarryJ]

""Well, what KIND of felony?"

That would have been a deal killer for the USAF..."

As it would have been for the Army, Navy, Marine Corps or Coast Guard. You are not indicating to us that this person was accepted by the Army, are you?

I do remember, back during the "Vietnam Experience", that there were, at times, judges across this land that, instead of sentencing young fellows to jail, would tell 'em that they had, like, thirty days to join up. This was actually a pretty good deal for the kids and for the military, for most of these kids it was their first time run-in with the law. Don't believe I remember any "felonys" being involved, though.