Acute Respiratory Condition (claimed As Chronic Cough)

[kluender]

I'm not sure which way to go with this claim. I'd appreciate any and all help. This is how my decision reads from a request for chronic cough dated April 22, 2008:

Service connection for acute respiratory condition (claimed as chronic cough) is denied.

Copies of service treatment records provided by you showed initial treatment for complaints of coughing in March 1987. During this time, you denied having any symptoms of an upper respiratory infection, fever, sweeats or allergies. Assessment provided was a cough possibly due to allergies or a viral infection. Medication was prescribed for relief. You continued to submit complaints of coughing and the examiner assessed your condition as an upper respiratory infection. X-rays taken in July 1987 were normal. No other treatment is shown. You also noted a history of coughing for one year in duration during your retirement examination conducted on October 26, 1998. No chronic disability is shown for VA purposes. Seasonal and other acute allergic manifestations subsiding on the absence of or removal of the allergen are generally to be regarded as acute diseases, healing without residuals. The determination as to service incurrence or aggravation must be on the whole evidentiary showing.

The medical evidence provided by you to include treatment records from ____VA Medical Center were also reviewed and considered. Although treatment is shown for complaints of acute respiratory condition due to pneumonia and a sinus infection, no chronic condition is shown for VA purposes.

In our Veterans Claims Assistance Act (VCAA) letter dated April 28, 2008, we asked you to send us evidence showing your condition existed from military to present. As of this date, no additional evidence has been received relating to this fact. On June 26, 2008, we received your VCAA Notice Response indicating you had no other information or evidence to give us to substantiate your claim and that we should decide your claim as soon as possible.

Service connection may be granted for a disability which began in military service or was caused by some event or experience in service.

A disability which began in service or was caused by some event in service must be considered "chronic" before service connection can be granted. Although there is a record of treatment in service for acute respiratory condition (claimed as chronic cough), no permanent residual or chronic disability subject to service connection is shown by the service treatment records or demonstrated by evidence following service. Therefore, service connection for acute respiratory condition (claimed as chronic) as denied.

What I submitted with my claim was a list detailing 19 visits to military doctors for coughs with throat clearing beginning in 1979 thru February 2008. During some of these visits I had bronchitis, pneumonia, and I believe acute sinusitis. I provided copies of each doctor visit. I suffer from daily constant coughing and throat clearing so bad that this is the way my husband and children find me in stores. Also, when in public I constantly get stares from strangers who think I'm being rude because of constant throat clearing. The coughs also cause headaches. I've also been diagnosed with reflux for the past 3 years. A military doctory told me about 2 years ago that my cough is caused by my reflux, but I can feel constant drainage from my sinuses. My ex-allergist said 2 years ago that she didn't see any drainage and felt my cough might be caused by reflux. The problem is that I wasn't diagnosed with reflux while in the Army when all this started. I am service connected for allergic rhinitis/hives at 0%. At one time I had allergy shots. My sinus scan only shows slight abnormality. I'm not service connected for sinusitis, but my military records reflect times during doctor visits that sinusitis was suspected but ruled out.

Thanks

[Capt.]

Hello Klue....I am looking at some of what the VA asked for in the VCAA letter inwhich they asked you for any additional evidence showing your condition existed during military. This seems to be the VA's real gripe. Can you produce a SMR or Clinic , military hospital record of any of your complaints? Can you get perhaps 2 buddy statements stating you were sick and give what they noticed on a statement? Were you given any medications while in the service that would coloborate your illness/complaints? I would definetly get a good IMO (Independent Medical Opinion) about your in service connection to your disease.It will definitely help your claim. What was your MOS and was it related to being around toxic substances and can you prove that? Your case is not unattainable and unwinnable. You just need some minor adjustments.It sounds that you just need to fill in the dots and put it forth in a way that closes the VA door to denial. Make it simple , to the point and accurate. Make sure all of those ghost doors are open and none of them shut. I to am going thru this and what I have given you is really the only way that the VA is going to look at it and give you the benefit of a doubt. Try posting again and let us know what you came up with on some of these minor setbacks. Take Care , God Bless, and Remember......NEVER GIVE UP.....C.C.

[poolguy11550]

kluender-

Your going to have to do some foot work here and find the underline reason for your chronic coughing. The doctors will guess and remark one way or the other, but that does you no good for this claim. Fine the underlined condition and you have a claim if it is chronic & disabling. Off the top of my head the reasons for chronic coughing could be anything from asthma to cancer, so it might be good for you to sort this out regardless of a VA claim.

[Pete53]

Do you take lisinopril. It gave me a chraonic cough that was fixed by prescribing another medication.

[kluender]

Capt., thanks for your reply and words of encouragement. I provided proof that I visited military doctors 19 times beginning in 1979. Most of this was ignored. I'm going to enclose the list along with a copy of each recorded visit like I did the first time. I was a 92Y (supply) and wasn't around a lot of chemicals. I'll take your advice and work on perfecting the details you mentioned. Thanks again.

Hello Klue....I am looking at some of what the VA asked for in the VCAA letter inwhich they asked you for any additional evidence showing your condition existed during military. This seems to be the VA's real gripe. Can you produce a SMR or Clinic , military hospital record of any of your complaints? Can you get perhaps 2 buddy statements stating you were sick and give what they noticed on a statement? Were you given any medications while in the service that would coloborate your illness/complaints? I would definetly get a good IMO (Independent Medical Opinion) about your in service connection to your disease.It will definitely help your claim. What was your MOS and was it related to being around toxic substances and can you prove that? Your case is not unattainable and unwinnable. You just need some minor adjustments.It sounds that you just need to fill in the dots and put it forth in a way that closes the VA door to denial. Make it simple , to the point and accurate. Make sure all of those ghost doors are open and none of them shut. I to am going thru this and what I have given you is really the only way that the VA is going to look at it and give you the benefit of a doubt. Try posting again and let us know what you came up with on some of these minor setbacks. Take Care , God Bless, and Remember......NEVER GIVE UP.....C.C.

[kluender]

kluender-

Your going to have to do some foot work here and find the underline reason for your chronic coughing. The doctors will guess and remark one way or the other, but that does you no good for this claim. Fine the underlined condition and you have a claim if it is chronic & disabling. Off the top of my head the reasons for chronic coughing could be anything from asthma to cancer, so it might be good for you to sort this out regardless of a VA claim.

Poolguy, my annual exam is this Thursday at VA. I'll ask my PCM to refer me to the appropriate specialist. Thanks.

[kluender]

Do you take lisinopril. It gave me a chraonic cough that was fixed by prescribing another medication.

I'm taking lisinopril, but didn't begin taking it until 2004. My cough began around 1979.