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?

[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

[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