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

[sharon]

When you talk to your doctor you need to get a statement to the effect that your SMRs have been reviewed and it is as least as likely as not that the current condition started in the military or is the samething.

[Capt.]

Hello Klue,,,,,Sharon brought up a point that I forgot to inlcude and she is right on the mark. When you get an IMO , the doctor needs to review your records from SMR's , YOUR MILITARY MEDICAL RECORDS, and any supporting evidence such as State Environmental Reports, EPA or BRAC, Corps of Engineers for instance. Make sure that he list those in his Nexus, that they were reviewed and then his opinion that "it is at least as likely as not" statement is put forth and that it started in your military service and that " there is no other likely or reasonable eitology or cause. Make sure to list all medications you are taking.Your buddy statements can carry weight also and help to tip the scales in your favor when all of the evidence is weighed. ALSO REMEMBER , that according to VHA directive Oct 2008 , you are allowed to even have your VA doctors help to write a nexus and do not be afraid to explain that to them and carry a copy of the directive so that they will understand , they can write a nexus. Most Veterans do not realize that they can assist the doctor in writing there nexus , both Independent and VA doctors. You are legally within your rights to write the nexus in a way that will be acceptable to the VA , with proper wording and as long as everything is truthful, factual ,supported by reports, statements, evidence, the doctor can sign off on it. Some doctors think ,,,,,think they know what they are doing when writing opinions , but really there are only a handful that know how to properly word it in a way the VA will really take notice and give in. Do not be afraid to write up a nexus with your doctors opinion and post it here for people to comment on and to have it "fine tuned" I would certainly do that before I just sent in a doctors nexus,WITHOUT YOUR INPUT, until you see how the doctor worded it and what was said and specifically addressed.Especially if this involves a VCAA letter that you should comply with what the VA wants. You are going to win ,,,,,,,it may take some time......but remember , you are not alone.........and always remember.......NEVER GIVE UP..God Bless, C.C.

[Pete53]

Lisinopril is really bad news if you have a cough. You should talk to the Doc about it. Its cheap so the VA likes to give it.

[Teac]

I don't understand how anyone could have a chronic cough for as many years as has been stated. Did you smoke?

I mean hell I have asthma, COPD, allergic rhinitis, sinusitis, and sleep apnea... and I almost never cough......

It just seems to me if someone is coughing as long as you say you have, that you would have had a diagnoses in your medical records. Also makes me wonder how if your cough is so chronic that you were able to stay on active duty.

I am not saying your wrong and the va is right, because I don't know the whole story, and I am no doctor, but it just seems to me that 2+2 isn't coming out as 4 in this case.....

Also just because a doctor gives you a letter saying it is likely as not does not mean you will get a service connected award. The doctor writing such a statement must affirm that he has reviewed you medical records, and provide a good medical opinion to back up his belief....

[Capt.]

Hello Teac,,,,,,I just wanted to say that I too have a chronic cough. It is not a heavy cough ,,,but like hard clearing of throat but it goes on all day, with sputem production. I am on Benzonatate(sp) and have been for years. I am also diagnosed with restricted/obstructive lung disease. My military medical records show Upper Respiratory Infections, (6) , Flu like symptoms (1), Streep Throat (1) and Ear Infection with forced drainage. Though my problems started there at Fort Greely , the cough came about a yr or so later. I do not smoke......Though not just unbearable , it is annoying and certainly not normal. I probably can relate to what Klue is going thru. My cough with sputem production has been treated ever since and well documented for the past 10 years at the VA. Hope this helps. God Bless, NEVER GIVE UP. C.C.

[kluender]

Hello Teac,,,,,,I just wanted to say that I too have a chronic cough. It is not a heavy cough ,,,but like hard clearing of throat but it goes on all day, with sputem production. I am on Benzonatate(sp) and have been for years. I am also diagnosed with restricted/obstructive lung disease. My military medical records show Upper Respiratory Infections, (6) , Flu like symptoms (1), Streep Throat (1) and Ear Infection with forced drainage. Though my problems started there at Fort Greely , the cough came about a yr or so later. I do not smoke......Though not just unbearable , it is annoying and certainly not normal. I probably can relate to what Klue is going thru. My cough with sputem production has been treated ever since and well documented for the past 10 years at the VA. Hope this helps. God Bless, NEVER GIVE UP. C.C.

Thanks C.C. for understanding what I'm going through. It's a very embarrassing and annoying problem. My problem is so bad that I've developed scar tissue and have problems swallowing. On many occasions I've literally thought that I was choking to death because I ate something as simple as rice. I've read that this can lead to cancer of the esophagus. I'm taking note of every suggestion you've given me. Please believe that I'm not making this up.