Evidence For Claim?

[goofycow]

While in the Navy, I went to sickcall quite a few times for joint and lower back pain. However the docs & corpsmen would send me on my way with no diagnosis. Does this mean I can't file a claim with VA without a diagnosis while on active duty even though I went to sick call on numerous occassions?

Liz

[dtclou]

You can file claim without a "diagnosis". Your SMR "should" document you had medical problems & your attempts for medical treatment - which will establish that you did have those problems during you service. Proving you illness/disabilities are SC (service connected) seems to be the hardest.

Have you gotten a copy of you service medical records yet? If not - request them so you can see for yourself what is documented.

[Hoppy]

Goofycow

The symptoms that occurred in service have to be tied to a current diagnosis. I think the minimum requirement for the VA to schedule a C&P exam to determine the relevence of symptoms in service is that you have a current diagnosis. The best way to advance the claim is to have the doctor who made the current diagnosis review the symptoms in your SMR and write a letter that the current condition is more likely than not to be related to military service. Do not wait for the VA to schedule C&P exams. Get a good service officer at your local service organization. Stay tuned to hadit and post your progress here.

[Guest Jim S.]

A diagnosis has no real meaning, unless you show an injury and/or history of treatment for the injury while in service and after service with evidence that ties them together for nexus.

A history of a specific injury and continued treatment during service and continuing after discharge is better than an unsuported diagnosis. If the history also included specific tests that showed the injury or that can measure the amount and severity at the time of said injury would go a long way in proving the injury and consistancy of the symptoms afterwards.

Of course buddy statements as to seeing you get injured who can attest to the fall, blunt force traums, blast concussion, anything other than medical information they are not trained to give.

Jim S.

[Angela]

Liz,

First off, APPLY NOW and get the clock started!

Then, If I were you I'd do what Hoppy advised and get my doctor to write that letter saying that your current medical problems "more likely than not stem directly from the problems you had in-service". BUT if their C&P doctor writes that "they didn't or probably didn't stem from ...." you'll still probably have a hard time getting service connected.

I'd also get another doctor - after the C&P exam - to review your service medical records (and any others you have too), examine you, and provide "ANOTHER" letter stating "more likely than not" or better yet "most probably or even definitely"! Both doctors that you go to privately should state that they reviewed your records and examined you, include a brief summary of what evidence they reviewed and what it said, what your present exam shows, and explain why they've come to the conclusions they have.

Can't tell you how many BVA cases I've read where the C&P doctors word was used to totally discount that of vets personal doctor. Sometimes the VA says that the private doc based their opinion on "unsupported medical info given by the vet instead of actual medical records" and sometimes they say something to the effect that since the private doc's opinion was "tentative", not as strongly felt, or "didn't support their conclusions", and so they took the C&P examiner's opinion more seriously. But if you have two doctors to their one you have a better chance since they're supposed to rule on the "preponderance" of the evidence.

Your 2 docs to their 1 is a preponderance

Good Luck!

Angela

[Pete53]

Liz you need to get a Doc to link it for you. If you have it in your records should not be to hard to do that.

[Vike17]

Read sub-paragraph (:P, it explains exactly what is needed as far as evidence and continuity of treatment. Hope this helps

Vike 17

"SS3.303 Principles relating to service connection.

(a) General. Service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein. This may be accomplished by affirmatively showing inception or aggravation during service or through the application of statutory presumptions. Each disabling condition shown by a veteran's service records, or for which he seeks a service connection must be considered on the basis of the places, types and circumstances of his service as shown by service records, the official history of each organization in which he served, his medical records and all pertinent medical and lay evidence. Determinations as to service connection will be based on review of the entire evidence of record, with due consideration to the policy of the Department of Veterans Affairs to administer the law under a broad and liberal interpretation consistent with the facts in each individual case.

(B) Chronicity and continuity. With chronic disease shown as such in service (or within the presumptive period under SS3.307) so as to permit a finding of service connection, subsequent manifestations of the same chronic disease at any later date, however remote, are service connected, unless clearly attributable to intercurrent causes. This rule does not mean that any manifestation of joint pain, any abnormality of heart action or heart sounds, any urinary findings of casts, or any cough, in service will permit service connection of arthritis, disease of the heart, nephritis, or pulmonary disease, first shown as a clearcut clinical entity, at some later date. For the showing of chronic disease in service there is required a combination of manifestations sufficient to identify the disease entity, and sufficient observation to establish chronicity at the time, as distinguished from merely isolated findings or a diagnosis including the word "Chronic." When the disease identity is established (leprosy, tuberculosis, multiple sclerosis, etc.), there is no requirement of evidentiary showing of continuity. Continuity of symptomatology is required only where the condition noted during service (or in the presumptive period) is not, in fact, shown to be chronic or where the diagnosis of chronicity may be legitimately questioned. When the fact of chronicity in service is not adequately supported, then a showing of continuity after discharge is required to support the claim.

© Preservice disabilities noted in service. There are medical principles so universally recognized as to constitute fact (clear and unmistakable proof ), and when in accordance with these principles existence of a disability prior to service is established, no additional or confirmatory evidence is necessary. Consequently with notation or discovery during service of such residual conditions (scars; fibrosis of the lungs; atrophies following disease of the central or peripheral nervous system; healed fractures; absent, displaced or resected parts of organs; supernumerary parts; congenital malformations or hemorrhoidal tags or tabs, etc.) with no evidence of the pertinent antecedent active disease or injury during service the conclusion must be that they preexisted service. Similarly, manifestation of lesions or symptoms of chronic disease from date of enlistment, or so close thereto that the disease could not have originated in so short a period will establish preservice existence thereof. Conditions of an infectious nature are to be considered with regard to the circumstances of the infection and if manifested in less than the respective incubation periods after reporting for duty, they will be held to have preexisted service. In the field of mental disorders, personality disorders which are characterized by developmental defects or pathological trends in the personality structure manifested by a lifelong pattern of action or behavior, chronic psychoneurosis of long duration or other psychiatric symptomatology shown to have existed prior to service with the same manifestations during service, which were the basis of the service diagnosis will be accepted as showing preservice origin. Congenital or developmental defects, refractive error of the eye, personality disorders and mental deficiency as such are not diseases or injuries within the meaning of applicable legislation.

(d) Postservice initial diagnosis of disease. Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. Presumptive periods are not intended to limit service connection to diseases so diagnosed when the evidence warrants direct service connection. The presumptive provisions of the statute and Department of Veterans Affairs regulations implementing them are intended as liberalizations applicable when the evidence would not warrant service connection without their aid."