Varicose Veins

[Rhodesia]

Hello I have 22 years in the military and retired in 2003. I was recalled back to active duty on 2006 and was turned down for service due to having varicose veins. This condition has been noted on my military health records during my time in service. Per the MEPS doctor this condition is a NON waverable, so to make it short no more active duty for me. I then proceded to file a service conected claim for this condition. I sent the VA everything they had requested to include my MEPS physicals stating the reason for not being able to go back on active duty and a copy of my recall letter from DOD. I'm working with a VRO as well to help me in filing this claim. in short I have been turned down for service conected for this condition and now resubmitted a NOD to the VA AGAIN. the last letter I received from the VA stated that this condition was a pre existing prior to military service Yea right like I had this condition when I joined the military on my 17th birthday. I did not have varicose veins at age 17. the letter also states that I have to prove that the military agavated this condition and also my military service health record does show I have varicose veins after my 10th year in service but I did not seek medical attention. So at this point it is still up at the VA waiting on the descision with a notice of NOD and in the meantime I have been submitting medical records from the VA hospital and private doctor and a vascular surgen as well in suport of my claim. The local VA doctor here has precribed me compression tet hose to wear, so my question is am I just spinning my wheels in fighting this claim? thank you for any response or recommendations that you may have.

[cowgirl]

Rhod, welcome to Hadit, hope you find answers and fair disability support too!

When you joined the military you were 100% together, right? Do you have any other info in your SMR's that relates to your veins, heart condition, hurt feet, walking/marching waivers,.. Did you submit a VA claim in 2003? Did you get Tricare or OHI care for the veins within a year of your release? Be sure to read and reread your Smrs, Cfile and all. I say this because even after all these years after retirement I've reread mine for a claim and find new things overlooked before. Doesn't mean I claimed for evey lil thing, but I have a clue to my health conditions as I er, mature!smiles.

As far as proving the aggravation of your condition, thats tough, but doable. Maybe try describing your speciality and job requirements in detail, speciality footwear requirements, tough assignments, etc. (found my job specialtiy description online and that helps me often). Also buddy letters can help support claims. Do you have family members that recall the same? maybe pictures? My thoughts, varicose veins don't appear overnight. If you joined the military at 17, you were fit, lean fighting machine, varicose veins usually come with age, use and beauty.

Best to ya,

Cg'up2009!

Hello I have 22 years in the military and retired in 2003. I was recalled back to active duty on 2006 and was turned down for service due to having varicose veins. This condition has been noted on my military health records during my time in service. Per the MEPS doctor this condition is a NON waverable, so to make it short no more active duty for me. I then proceded to file a service conected claim for this condition. I sent the VA everything they had requested to include my MEPS physicals stating the reason for not being able to go back on active duty and a copy of my recall letter from DOD. I'm working with a VRO as well to help me in filing this claim. in short I have been turned down for service conected for this condition and now resubmitted a NOD to the VA AGAIN. the last letter I received from the VA stated that this condition was a pre existing prior to military service Yea right like I had this condition when I joined the military on my 17th birthday. I did not have varicose veins at age 17. the letter also states that I have to prove that the military agavated this condition and also my military service health record does show I have varicose veins after my 10th year in service but I did not seek medical attention. So at this point it is still up at the VA waiting on the descision with a notice of NOD and in the meantime I have been submitting medical records from the VA hospital and private doctor and a vascular surgen as well in suport of my claim. The local VA doctor here has precribed me compression tet hose to wear, so my question is am I just spinning my wheels in fighting this claim? thank you for any response or recommendations that you may have.

[Rhodesia]

Hello and thank you for the replies, The VA gave no reason just that they felt that this condition was A PRE EXSITING CONDITION which was highlited in black letters, they beleive that since I did NOT seek medical attention while on active duty then my condition does not warrant a service connected claim. and yes it does say that in my denial letter. The funny thing is that this condition is noted on my health record from the marines. So where does the VA get from saying that this is a prexsiting condition I have no ideal.

I also have a claim for hearing loss since I was a tanker for over 22 years in the marines. I already get 10% for ringing in my eas which is getting worse and my last hearing test from the VA say I have heaing loss due to military service but I was 1 decibel off from getting service conected for it in both ears. The VA did issued me hearing aids and would you belive that the VA told me in the letter that just because I have hearing aids from the VA does NOT consitute a hearing loss because the VA has corrected my hearing loss due to the hearing aids for there for I have no claim to file. go figure!!!! I did file a NOD on this one was informed that I would not hear anything for about couple of years.

[jbasser]

You need to go and get an Independant medical opinion from a Vascular Specialist. They can put the dates together for your claim.

That is the nexus you will need. A nexus to a period of service is the Key here.

Here is the rating criteria:

7120 Varicose veins:

With the following findings attributed to the effects of varicose veins: Massive board-like edema with constant pain at rest 100

Persistent edema or subcutaneous induration, stasis pigmentation or eczema, and persistent ulceration 60

Persistent edema and stasis pigmentation or eczema, with or without intermittent ulceration 40

Persistent edema, incompletely relieved by elevation of extremity, with or without beginning stasis pigmentation or eczema 20

Intermittent edema of extremity or aching and fatigue in leg after prolonged standing or walking, with symptoms relieved by elevation of extremity or compression hosiery 10

Asymptomatic palpable or visible varicose veins 0

Note: These evaluations are for involvement of a single extremity. If more than one extremity is involved, evaluate each extremity separately and combine (under §4.25), using the bilateral factor (§4.26), if applicable.

J

Edited June 29, 2009 by jbasser (see edit history)

[Rhodesia]

Thank you for the reply I have seen the Vascular Specialist (Surgern) private and with a consult from my VA Doctor, did not help in my claim because it seems that the VA only takes the results from who they contract with for C&P exams. it's funny because when the VA sends you to their people you are normal, but when you see your own doctor or specialist then you are not. it's funny how that works. well anyway My VA doctor that I see as an outpatient did pricribed me Compression Tet hose been wearing them for about 3 years but the VA is still stuck on why I did not seek medical attention while on active duty, it's like they are stuck on just one side of the issue. I had all the vscular test done by the surgern through the VA that is why I'm wearing the prescription Tet hose from the va and I met in the rating for 10%. I even submitted my recall to active duty physicals as well which I was turned down for varicose veins with no waiver possible for this. But this does not seem to have any effect with the VA for some reason or another. My NOD has been up at the VA for 2 years now and I still keep submitting paperwork and all they can tell me is that it is sitting on someones desk waiting to be looked at and they only have 1 person that reviews all incoming NOD's.

[jbasser]

A recent court case has determined the VA must consider all evidence.

If they are not considering your IMOP then you need to NOD the decision and ask for a DRO review and start tohe appeal process as the RO is oblivious to the law.

Once again the VA is a matter of legal precedence and the BVA and CAVC will apply legal precedent as the RO has not dont that.

All you have to prove is you had it in service and you still have it. Wearing compression hoses on both is a 10 percent bilattarel rating.

Dont let them jerk you around. Be nice but dilligent with these people as they have to be shown the light on most occasions.

J

Edited June 29, 2009 by jbasser (see edit history)

[Rhodesia]

Thank you very much I will take the advice, I'm going to work on my hearing claim that was denied last week they must have over looked my evidence I sent with my claim letter or my evdence never made it to the rating board due to the fact that I had called to find out why my evdence was not submitted. My veterans Rep I'm working with has proof we submitted it for the claim but well you know the story.

Again thank you and anyone else out there that can point me in the right direction.