Prior Medical Conditions

[Papa]

When one goes to their Entrance Exams, and you tell the Doctors that you have a medical issue, but they ignore it. They do not advise you to get any medical records from your private Doctor, they just laugh and send you through and pass you. Now, you are out of the military, and you file a claim for disability based upon your prior condition. Now, the VA denies you because they say that you had this prior to your military time. I always wondered how this could be since at the Entrance Exam they basically tell you that you are full of cr*p. Once, they pass you, are they not telling you that you were in 100 percent physical condition at the time you entered the military? So, how can the VA tell Veterans that were honest at the Entrance Exam that they are denied?

Papa

[retiredat44]

When one goes to their Entrance Exams, and you tell the Doctors that you have a medical issue, but they ignore it. They do not advise you to get any medical records from your private Doctor, they just laugh and send you through and pass you. Now, you are out of the military, and you file a claim for disability based upon your prior condition. Now, the VA denies you because they say that you had this prior to your military time. I always wondered how this could be since at the Entrance Exam they basically tell you that you are full of cr*p. Once, they pass you, are they not telling you that you were in 100 percent physical condition at the time you entered the military? So, how can the VA tell Veterans that were honest at the Entrance Exam that they are denied?

Papa

exactly,, also, unless they do a DNA test how would they know what is genetic? they are frakkin liars!

[SLEDGE]

They tried to give me some kind of pre-existing condition.

My lawyer had to explain to the RO that being accepted into the service with no defects on the entrance exam, is the ruling document.

They can't come back to your case after you get out and add stuff to the entrance exam.

It's called tampering with the evidence.

If your disability is not a recognized genetic defect you will prevail.

sledge

[jbasser]

In this case you told them you had the condition . They may have let you in and laughed at it but I am sure they wrote it down.

The only way to recoup any benefit for this scenario is to use the aggravation factor.

The Presumption of soundness rule is pretty clear,

J

[Vync]

They tried to give me some kind of pre-existing condition.

My lawyer had to explain to the RO that being accepted into the service with no defects on the entrance exam, is the ruling document.

They can't come back to your case after you get out and add stuff to the entrance exam.

It's called tampering with the evidence.

If your disability is not a recognized genetic defect you will prevail.

sledge

Hey Sledge,

One of my SC ratings was awarded as 30%, but reduced by 10% because a C&P doctor said I had the condition prior to service. I need to dig out my entrance exam to confirm if it was listed. If the item is not present on the entrance exam, do you think what you explained applies to this situation?

Also, we have to fight hard to prove a condition meets the VA rating guidelines for at least 10% to win SC. For some of us, it could take years. If the VA proposes to reduce someone's rating by 10%, shouldn't they be required to provide proof that the pre-existing condition also met their own criteria for a minimum 10% rating?

[acesup]

Lay medical evidence is not ever accepted by VA if it is IN your favor.

However, anything you say that might, in any way, shape, or form constitute lay medical evidence NOT IN your favor is not just acceptable to them, it is gospel.

If you sent the VA a Nexus letter or IMO from a civilian nurse practioner or physician's assistant, you would probably get shot down for not using a real doctor, preferably one with a board certified specialty in the applicable area of medicine.

If the VA sends you to a VA NP or PA, usually one with no real specialty, just general C&P examinations, hey, they consider that an expert medical opinion no matter the area of medicine.

I still can't get over the poster on this and another site who had a claim in for osteporosis, and a "femoral neck" problem (femoral neck being located in the hip, yes, the HIP), and the C&P examiner did a cervical (NECK!!!) Range of Motion exam, which the ratings team used to deny the claim for the hip.

Go figure.

[john999]

If the military did not note it on the exam you didn't have it on entrance. I think that if you get into a battle over pre-existing conditions this is a time to call a lawyer because this can go on for years. The case of personality disorders is a perfect example. The soldier is in for three years and then is kicked out due to PD. This is a supposed pre-existing disorder. So why did it take the military almost three years to find out? The soldier comes home from combat zone and now he has a PD. What BS, but the VA and military cling to it.