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).

[vaf]

Larry, I have no idea whether he was accepted or not. I couldn't get past the recruiter even asking the question! Did it really matter what "kind" of felony? Why wasn't the guy immediately shown the door...

[Wings]

x

x

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Service Connection on Aggravation and Secondary Bases

A 21st Century System for Evaluating Veterans for Disability Benefits (2007) Board on Military and Veterans Health (BMVH)

Page 272-286

http://books.nap.edu/openbook.php?record_id=11885&page=272

[Hoppy]

The position any good advocate would advance is "HOW DO YOU KNOW THE EAR PLUGS DID NOT FAIL AND AGGRAVATE THE CONDITION".

I have seen this argument used to win industrial injury claims.

[hollywoodnc]

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.

I agree with you, because I am a perfect example!

I went in the service with 3 pins in my left hip, and they (AFEES) questioned if I should enter.

I want to enlisted and train for Medical. Strangely enough, the enlisted me as an Infantryman!

I was fine until Bivouac. I apparently suffered a compression Fx, whereas a pin penetrated the joint space.

I was medically discharged.

Theoretically, I shouldn't have gone in. However, being that we just pulled out of Nam, enlistment numbers were way down.

We are seeing the same "History repeating itself" scenario today...reducing the enlistment standards to meet recruitment numbers.

Edited January 20, 2009 by hollywoodnc