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Question Pretaining To Medical Evidence



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

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  • HadIt.com Elder

They can and will use that type of info against you. You can overcome by the fact that the Military should have been aware by prior disclosure and the Veteran was accepted as fit.

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It makes sense that if it's in your file they could use. You just need to prove what you said, you were a kid and thought that is what you had.

I would try and track down any pre-military health records / dr. statements. It would be a good argument to say, hey they signed me off as fit for duty, with no issues.

Good luck.....Eric

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