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).

[sharon]

Part IV, Subpart ii, Chapter 2, Section B. Determining Service ...

d. Definition: Presumption of Soundness

The presumption of soundness means that veteran will be considered to have been in sound condition when examined, accepted, and enrolled for service except

• as to defects, infirmities, or disorders noted at entrance into service, or

• where clear and unmistakable (obvious or manifest) evidence demonstrates that an injury or

disease

 existed prior to service, and

 was not aggravated by such service.

[carlie]

[Code of Federal Regulations]

[Title 38, Volume 1]

[Revised as of July 1, 2008]

From the U.S. Government Printing Office via GPO Access

[CITE: 38CFR3.306]

[Page 231-232]

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 3_ADJUDICATION--Table of Contents

Subpart A_Pension, Compensation, and Dependency and Indemnity

Compensation

Sec. 3.306 Aggravation of preservice disability.

(a) General. A preexisting injury or disease will be considered to

have been aggravated by active military, naval, or air service, where

there is an increase in disability during such service, unless there is

a specific finding that the increase in disability is due to the natural

progress of the disease.

(Authority: 38 U.S.C. 1153)

[[Page 232]]

(b) Wartime service; peacetime service after December 31, 1946.

Clear and unmistakable evidence (obvious or manifest) is required to

rebut the presumption of aggravation where the preservice disability

underwent an increase in severity during service. This includes medical

facts and principles which may be considered to determine whether the

increase is due to the natural progress of the condition. 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 the manifestations of the disability prior to, during and

subsequent to service.

(1) The usual effects of medical and surgical treatment in service,

having the effect of ameliorating disease or other conditions incurred

before enlistment, including postoperative scars, absent or poorly

functioning parts or organs, will not be considered service connected

unless the disease or injury is otherwise aggravated by service.

(2) Due regard will be given the places, types, and circumstances of

service and particular consideration will be accorded combat duty and

other hardships of service. The development of symptomatic

manifestations of a preexisting disease or injury during or proximately

following action with the enemy or following a status as a prisoner of

war will establish aggravation of a disability.

(Authority: 38 U.S.C. 1154)

© Peacetime service prior to December 7, 1941. The specific

finding requirement that an increase in disability is due to the natural

progress of the condition will be met when the available evidence of a

nature generally acceptable as competent shows that the increase in

severity of a disease or injury or acceleration in progress was that

normally to be expected by reason of the inherent character of the

condition, aside from any extraneous or contributing cause or influence

peculiar to military service. Consideration will be given to the

circumstances, conditions, and hardships of service.

[26 FR 1580, Feb. 24, 1961, as amended at 57 FR 59296, Dec. 15, 1992]

[Pete53]

Can you get Service Connection for aggravation caused by VA?

[carlie]

Yea Pete - we'd all get paid for that, lol.

[sf_ranger]

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

As a 3 time wounded Viet Vet I find that it is one thing to claim a pre-existing condition and another huge problem to get it accepted and receive compensation......However, there are so many brave veterans that have this sincere problem so I say give them their due until the VA discovers it to be non compensiable....We Americans owe so much to our Vets..If it weren't for the Vets we couldn't write here or go to the our local store to purchase Political Magazines or worship in the Church of our choice..

God Bless our Troops and all of our Veterans

[purple]

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.