What Does This Mean? Good Or Bad?

[c&p man]

this is from a award letter from a c and p exam.. Service treatment records from june 7,1993 to 1996 show treatment for right ankle pain. VA examination dated march 31,2009 finds a current strain of the right ankle wiht flexion from 0 to 30 degrees. Examiner notes pian wiht plantar flexion. the examiners opinoion is that, due to lack of chronicity of treament, the current strain is less likely than not related to treatment in service. Service connection for right ankle strain is deniend since this condition neither occured or was cuased by service.

Ok happen in service and thier is a current strain? i do have a bone spur on my heel now...my left ankle and heel are sc... what does DUE TO LACK OF CHRONICTY OF TREATMENT MEAN? does this mena they think it might be like a acute sprian and if i show medical eveidence of treatment from now on that it will be sc?

[pacmanx1]

I maybe wrong but they are saying that there is no proof that these to conditions are related because you have no treatment records or evidence from 1996 to 2009. Plus the C & P examiner stated

the current strain is less likely than not related to treatment in service

You must try to give them some evidence over the missing years for them to consider service connection

Did you file this claim as secondary to your already S C left ankle

Edited June 25, 2009 by pacmanx1 (see edit history)

[c&p man]

I maybe wrong but they are saying that there is no proof that these to conditions are related because you have no treatment records or evidence from 1996 to 2009. Plus the C & P examiner stated You must try to give them some evidence over the missing years for them to consider service connection

i dont have any evedence over that time... i do now since i started going to a poditrist last month....if i show evedence from now on will this be a good case since i have a in service treatment and and a current strain? i was thinking since it said due to lack of chronicty of treatment that if i show from now on that it should get approved...

[pacmanx1]

IMHO I think it would be easier if you get a statement from your podiatrist that states that your current right ankle condition is directly related to your left ankle condition and file a claim for S C right ankle due to already S C left ankle and heel. Your podiatrist may need to review you SMRs, current VA treatment and of course your records with him

Edited June 25, 2009 by pacmanx1 (see edit history)

[carlie]

Ok happen in service and thier is a current strain? i do have a bone spur on my heel now...my left ankle and heel are sc... what does DUE TO LACK OF CHRONICTY OF TREATMENT MEAN?

It means you did not provide VA with anyone in the medical field to support complaints

or treatment for right ankle pain between 1996 and 2009.

Did you have employment during those years and perhaps miss work due to your right ankle?

If yes, maybe your past employers still have sick-call records in a personel file.

does this mena they think it might be like a acute sprian -

smr's show right ankle pain but strain is not mentioned at that time.

examiner stated you have a current strain not related to service.

and if i show medical eveidence of treatment from now on that it will be sc?

I do not think so but then again you never know - get an IMO.

jmho,

carlie

[c&p man]

JMHO I think it would be easier if you get a statement from your podiatrist that states that your current right ankle condition is directly related to your left ankle condition an file a claim for S C right ankle due to already S C left ankle and heel

what just ask my poditrist if he thinks that my right ankle was caused by my left ankle condition and if he sign something or write it in dictaion? i ask him in the near future if he agree and will wirte something.... due to lack of chroncity of treament has got me baffeled ...i d like it if that would be simplefied

[sharon]

You must be able to show that there is a connection between the current strain and the one that occurred in service. Otherwise, they are saying that while a strain do exist, it has nothing to do with the prior strain that occured during your service.

[c&p man]

You must be able to show that there is a connection between the current strain and the one that occurred in service. Otherwise, they are saying that while a strain do exist, it has nothing to do with the prior strain that occured during your service.

how can i show a connection? i mean it happen in service and thier is a current strain now....that simple... are you meaning i have to get a imo that in his opionion he thinkg\s that atleast as likely as not ? and show some treatment from now on?

[pacmanx1]

Just edited my last post. Don't worry about that, they acknowledged that you had an in service condition, and a current condition and you are service connected for your left heel and left ankle. I am not a doctor but my thinking is if you have a condition on the left side of your body it can very much effect the right side of the body example bad knees, or feet a person may overcompensate the condition when walking or balancing. Just his opinion will do and for him to state he reviewed you medical records.

Edited June 25, 2009 by pacmanx1 (see edit history)

[rgero311975]

Just edited my last post. Don't worry about that, they acknowledged that you had an in service condition, and a current condition and you are service connected for your left heel and left ankle. I am not a doctor but my thinking is if you have a condition on the left side of your body it can very much effect the right side of the body example bad knees, or feet a person may overcompensate the condition when walking or balancing. Just his opinion will do and for him to sate he review you medical records.

they are trying to tell you secondary your right ankle due to your left ankle and hell sc condition... that one way and a very good one..also you can try to get it sc and also secondary at the same time...read up on bva cases they do it all the time or call 1-800-827-1000.. and the due to lack of chronicty of treatment is like they said 1996 till now nothing...this was easy for thme to denie u..you have to show longer treatment and stuff for like 6 moths or longer and get a dr to give a opion on it....take you smr and show them to him and ask him if he would write something that either your left ankle casued this or your right ankle was incurred in service

[c&p man]

they are trying to tell you secondary your right ankle due to your left ankle and hell sc condition... that one way and a very good one..also you can try to get it sc and also secondary at the same time...read up on bva cases they do it all the time or call 1-800-827-1000.. and the due to lack of chronicty of treatment is like they said 1996 till now nothing...this was easy for thme to denie u..you have to show longer treatment and stuff for like 6 moths or longer and get a dr to give a opion on it....take you smr and show them to him and ask him if he would write something that either your left ankle casued this or your right ankle was incurred in service

i see that it seems like i have to get imo for secondary my right ankle to my left,or get a imo stating that my current strain is related to my service strain...? since i did not have treatment since service...

[carlie]

i see that it seems like i have to get imo for secondary my right ankle to my left,or get a imo stating that my current strain is related to my service strain...? since i did not have treatment since service...

c&p man,

I think you'r missing a point and changing some wording.

You first posted,

"Service treatment records from june 7,1993 to 1996 show treatment for right ankle pain."

Now your changing it saying,

"stating that my current strain is related to my service strain".

carlie

[pacmanx1]

I do not believe you can claim a strain as a chronic condition just as I said earlier you are already service connected for your left ankle and left heel which could very much cause you to have the current pain (strain) in your right ankle. Forget the right ankle service strain and the lack of continuity for now just take all this information to your podiatrist and ask him/her to write you a statement as to his/her medical opinion that your left ankle and heel conditions could cause you to have a right ankle pain or sprain. He/she would need your SMRs, the VA letter denying you Service connection and your current records that he/she has to give his/her opinion

[kw34]

To fulfill the requirement for chronicity, the claimed illness must have persisted for a

period of 6 months. The 6-month period of chronicity is measured from the earliest date

on which all pertinent evidence establishes that the signs or symptoms of the disability

first became manifest.

This is the test that you must meet the record says it manifested in 1993 you were treated thru 1996 and now from their standpoint you were cured because you had no treatment since then and now you reinjured yourself. If you can show a nexus like several members have mentioned you can win.

Edited June 26, 2009 by kw34 (see edit history)

[c&p man]

To fulfill the requirement for chronicity, the claimed illness must have persisted for a

period of 6 months. The 6-month period of chronicity is measured from the earliest date

on which all pertinent evidence establishes that the signs or symptoms of the disability

first became manifest.

This is the test that you must meet the record says it manifested in 1993 you were treated thru 1996 and now from their standpoint you were cured because you had no treatment since then and now you reinjured yourself. If you can show a nexus like several members have mentioned you can win.

i see ..some good advice on here....ok i guess i try to see if my poditrist or my a dr will comply thank you ...i guess i have no more qestion but other are encouraged to reply....

[rgero311975]

i see ..some good advice on here....ok i guess i try to see if my poditrist or my a dr will comply thank you ...i guess i have no more qestion but other are encouraged to reply....

go to the va dr or your poditrist and ask them to write an imo..i know it awkward asking them but if you dont thiers a 50% chance they will write one...i mean if you dont ask you will not get a imo....or you can file a cliam go to the c and p and you might get it or the rater will just say that you had in service treatment and thier a current disabilty but thier nothing linking them,,ie....the imo from your dr or poditrist....

[c&p man]

go to the va dr or your poditrist and ask them to write an imo..i know it awkward asking them but if you dont thiers a 50% chance they will write one...i mean if you dont ask you will not get a imo....or you can file a cliam go to the c and p and you might get it or the rater will just say that you had in service treatment and thier a current disabilty but thier nothing linking them,,ie....the imo from your dr or poditrist....

well my va dr might do it .lol....i know what to aszk them but it very strange any advice on how to do it....????????????any9ne

[Hoppy]

"To fulfill the requirement for chronicity, the claimed illness must have persisted for a period of 6 months. The 6-month period of chronicity is measured from the earliest date on which all pertinent evidence establishes that the signs or symptoms of the disability first became manifest."

Is this a CFR? Where did this come from?

I need to cite this in a claim where the veterans symptoms persisted while in the military for a period of 16 months? Determining chronicity in service allows any manifestation post service to be service connected. Many veterans do not see doctors for conditions after the service until many years later.

For the showing of chronic disease in service, (or within a presumptive period per § 3.307), 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." 38 C.F.R. § 3.303(:D. Subsequent manifestations of the same chronic disease at any later date, however remote, are service connected, unless clearly attributable to intercurrent causes. Id.

[Hoppy]

So far all I have found is that this application of chronicity applies to a small class of Gulf War Illnesses. Let me know if it has a wider application.

3.317 - Compensation for certain disabilities due to undiagnosed illnesses.

(a)(1) Except as provided in paragraph © of this section, VA will pay compensation in accordance with chapter 11 of title 38, United States Code, to a Persian Gulf veteran who exhibits objective indications of a qualifying chronic disability, provided that such disability: (i) Became manifest either during active military, naval, or air service in the Southwest Asia theater of operations during the Persian Gulf War, or to a degree of 10 percent or more not later than December 31, 2006; and (ii) By history, physical examination, and laboratory tests cannot be attributed to any known clinical diagnosis.

(2)(i) For purposes of this section, a qualifying chronic disability means a chronic disability resulting from any of the following (or any combination of the following): (A) An undiagnosed illness; (:D The following medically unexplained chronic multisymptom illnesses that are defined by a cluster of signs or symptoms: (1) Chronic fatigue syndrome; (2) Fibromyalgia; (3) Irritable bowel syndrome; or (4) Any other illness that the Secretary determines meets the criteria in paragraph (a)(2)(ii) of this section for a medically unexplained chronic multisymptom illness; or © Any diagnosed illness that the Secretary determines in regulations prescribed under 38 U.S.C. 1117(d) warrants a presumption of service-connection.

(ii) For purposes of this section, the term medically unexplained chronic multisymptom illness means a diagnosed illness without conclusive pathophysiology or etiology, that is characterized by overlapping symptoms and signs and has features such as fatigue, pain, disability out of proportion to physical findings, and inconsistent demonstration of laboratory abnormalities. Chronic multisymptom illnesses of partially understood etiology and pathophysiology will not be considered medically unexplained.

(3) For purposes of this section, objective indications of chronic disability include both signs, in the medical sense of objective evidence perceptible to an examining physician, and other, non-medical indicators that are capable of independent verification.

(4) For purposes of this section, disabilities that have existed for 6 months or more and disabilities that exhibit intermittent episodes of improvement and worsening over a 6-month period will be considered chronic. The 6-month period of chronicity will be measured from the earliest date on which the pertinent evidence establishes that the signs or symptoms of the disability first became manifest.

Edited June 27, 2009 by Hoppy (see edit history)

[c&p man]

"To fulfill the requirement for chronicity, the claimed illness must have persisted for a period of 6 months. The 6-month period of chronicity is measured from the earliest date on which all pertinent evidence establishes that the signs or symptoms of the disability first became manifest."

Is this a CFR? Where did this come from?

I need to cite this in a claim where the veterans symptoms persisted while in the military for a period of 16 months? Determining chronicity in service allows any manifestation post service to be service connected. Many veterans do not see doctors for conditions after the service until many years later.

For the showing of chronic disease in service, (or within a presumptive period per § 3.307), 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." 38 C.F.R. § 3.303( :D . Subsequent manifestations of the same chronic disease at any later date, however remote, are service connected, unless clearly attributable to intercurrent causes. Id.

thank you hoppy for your time and post... i know it is clear what you posted but can you put it into first grade terms..lol i understand that i got hurt in service and now i have a strian on my same ankle..they denied due to lack of chronicty of treatment???// does this mean in simple terms the rater acknowledge treatment in service and a current diagnoses but thier no evedence since service of any chronic treatment? and that for example i show 6 months or so of continues treatment that i should get my benfits based on thier statement? i been going to poditrist for a month now....please if you have time explain it like i am 10 years old..lol as i am still a todler in this va comp stuff..

[rgero311975]

this is from a award letter from a c and p exam.. Service treatment records from june 7,1993 to 1996 show treatment for right ankle pain. VA examination dated march 31,2009 finds a current strain of the right ankle wiht flexion from 0 to 30 degrees. Examiner notes pian wiht plantar flexion. the examiners opinoion is that, due to lack of chronicity of treament, the current strain is less likely than not related to treatment in service. Service connection for right ankle strain is deniend since this condition neither occured or was cuased by service.

Ok happen in service and thier is a current strain? i do have a bone spur on my heel now...my left ankle and heel are sc... what does DUE TO LACK OF CHRONICTY OF TREATMENT MEAN? does this mena they think it might be like a acute sprian and if i show medical eveidence of treatment from now on that it will be sc?

Characterized by long duration; the state of being chronic=chroncity also chronicity is a noun not a adverb nor a adjective so it make it more confusion sorry but i was just passing info along ...MGH_Med()