Click To Ask Your VA Claims Question
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
- 0
Question Pretaining To Medical Evidence
Rate this question
Click To Ask Your VA Claims Question
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
Rate this question
Question
Rockhound
I believe that I read someplace that Statements made by a Veteran can not otherwise be used against him in a claim, that is unless their is seperate corroberating evidence to support them as fact.
I am wandering if, on the induction physical examination paperwork, in the questionare part, where the inductee checks off medical problems that he is aware of, that he has had prior to that time, can be used against him in a claim after service to show as having the problem prior to service, even when, during the actual physical exam section of the work sheet, the examiner checks that he is normal. case in point, inductee checks that he has had sinusitis, yet the physical exam says the sinusis are normal. Also, a re-enlistment physical close to the end of his present enlistment, also checks off that the sinusis are normal. Can it be said that, the chronic sinusits that he suffers from now, for which the veteran is trying to claim as a result of a SC condition, was denied on the basis that he had a pre-existing condition that did not get any worse, anymore than it would have normally have done in the course of the disease process?
Would this determination be for a medical specialist to make and not left up to the C&P Rating officer to make. Shouldn't he have requested a medical opinion on this, rather than to just quote the 38 CFR regulation? Checks in a box on what one thinks he had as a kid growing up, just doesn't seem enough proof that the condition was present prior to service. At the time, for all I knew, any cold or sniffle or upper respiratory illness was called sinusitis.
Anyway can someone help point me in the direction, if their is some rule or regulation, or USC that clarifies this, not being able to use uncorroborated statements made by a claimant, aganst him, in his claim?
Rockhound Rider :o
Link to comment
Share on other sites
Top Posters For This Question
1
1
1
Popular Days
Sep 6
3
Top Posters For This Question
Pete53 1 post
Rockhound 1 post
Eric_M 1 post
Popular Days
Sep 6 2009
3 posts
2 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now