Aggravation Award For

[Berta]

We dont talk much about this approach because most vets do not have any pre -existing conditions noted in their military records.I found this case while searching for info for a new member here with a pre-existing disability that certainly seems to have gotten worse from his military service.

I imagine -even with the potential basis for this type of claim-many of these claims never get filed.

In this type of claim-if military service aggravates the pre- existing condition,then VA will rate and SC the level of aggravation.

This one is a beauty:

http://www4.va.gov/vetapp09/files5/0938035.txt

FINDINGS OF FACT

1. Clear and unmistakable evidence shows that bipolar

disorder was present prior to service.

2. The Veteran's preexisting bipolar disorder increased in

severity in service.

CONCLUSION OF LAW

Bipolar disorder was aggravated by active service.

38 U.S.C.A. §§ 1110, 1111, 1153 (West 2002); 38 C.F.R.

§§ 3.303, 3.306 (2009).

[jbasser]

That would be a good SVR Topic as the Aggravation factor is often over looked by the raters.

The kicker being that the condition will be service connected but only to the extent of the aggravation.

J

[Bonzai]

I remember that in one of my C&P exam, the psychiatrist asked me if I thought I was bipolar before the service. I told him that I didn't have any problems with bipolar before the service.

But out of four C&P exams, I was only asked that once.

[Vync]

The kicker being that the condition will be service connected but only to the extent of the aggravation.

How would the VA calculate this? How would they calculate the rating percentage of the pre-existing condition?

[*Bergie*]

We dont talk much about this approach because most vets do not have any pre -existing conditions noted in their military records.I found this case while searching for info for a new member here with a pre-existing disability that certainly seems to have gotten worse from his military service.

I imagine -even with the potential basis for this type of claim-many of these claims never get filed.

In this type of claim-if military service aggravates the pre- existing condition,then VA will rate and SC the level of aggravation.

This one is a beauty:

http://www4.va.gov/v...es5/0938035.txt

FINDINGS OF FACT

1. Clear and unmistakable evidence shows that bipolar

disorder was present prior to service.

2. The Veteran's preexisting bipolar disorder increased in

severity in service.

CONCLUSION OF LAW

Bipolar disorder was aggravated by active service.

38 U.S.C.A. §§ 1110, 1111, 1153 (West 2002); 38 C.F.R.

§§ 3.303, 3.306 (2009).

I have an active claim for secondary SC. It stems from a SOC that stated my sc radiculopathy is only severe because of my non-service connected carpal tunnel. Therefore SC was awarded as mild. The problem is I never had carpal tunnel until the radiculopathy and I thought the symptoms were part of the radiculopathy until I told my neurologist. He did NCS's on both hands and diagnosed the carpal tunnel as severe. So what I did after reading the SOC about the "non-service connected" carpal tunnel making the radiculopathy worse was to ask the neurologist the oppsite. Could the radiculopathy make the carpal tunnel worse he said yes and wrote a nexus. I recently had the c&p exam and I'm waiting for the rating. Funny thing is they can't deny carpal tunnel, because it would negatate the SOC for radiculopathy. Lets wait and see.

Bergie

[LarryJ]

How would the VA calculate this? How would they calculate the rating percentage of the pre-existing condition?

The way that the CFR's indicate that this should be handled is:

If the VA has no way to determine WHAT percentage of disability existed "prior-to-service" (which, in the claim in question, they DID NOT) then the instructions indicate that the VA has to start at Sqauare One. In-other-words, if they can't prove, for example, that you had X percentage of disability prior-to-service........then they have to assume, even though you had a pre-existing condition that worsened during service, they have to assume that that pre-existing condition would have been ratable at 0% upon your entry to service.

Edited July 6, 2010 by LarryJ

[Commander Bob]

The way that the CFR's indicate that this should be handled is:

If the VA has no way to determine WHAT percentage of disability existed "prior-to-service" (which, in the claim in question, they DID NOT) then the instructions indicate that the VA has to start at Sqauare One. In-other-words, if they can't prove, for example, that you had X percentage of disability prior-to-service........then they have to assume, even though you had a pre-existing condition that worsened during service, they have to assume that that pre-existing condition would have been ratable at 0% upon your entry to service.

Ditto. LarryJ. aggravated by active service.

How did you get in the service, in the first place?

Edited July 6, 2010 by Commander Bob