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rev rick

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  • HadIt.com Elder

Just getting it in service doesn't get you anything, There is a VA rule that states even though you had an issue in service, you must have residuals today. If you do have some residual issues from it, then you can be service connected for the secondaries. The VA loves to fight these types of claims.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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2 cents, a cigar,

and what you deserved...we were warned......they said you would and you did.......we used our condoms on our other guns

and for leech duty. LOL

Ron Prince

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A widow member here fought a claim like this for many years until she won DIC.

She claimed her husband's syphilis in service caused his death due to heart disease.

John is correct as to the residuals of any STS.

She obtained strong IMOs from a doctor from India who was more familiar with syphilis than I guess many USA doctors are.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

I remember reading a case for herpes that was very interesting. A VA compensation and pension examiner decided that he was judge, jury and executioner.

The veteran was diagnosed with herpes while on active duty. The C&P examiner did some math and determined that 80% of all American males tested positive for the herpes virus by the age of 18. He then wrote an opinion that as a result, the pure math determined that it was less likely than not that the veterans herpes was incurred in the military. The C&P examine went on to advise that the veterans herpes should not be service connected.

It had to go all the way to the BVA before they determined that relying solely on statistics without supporting evidence that the condition actually did exist prior to service was not sufficient to rebut the presumption of soundness. The veteran was service connected for herpes by the BVA.

Edited by Hoppy

Hoppy

100% for Angioedema with secondary conditions.

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38 cfr 3.301 c 1

(Authority: 38 U.S.C. 501)

(1) Venereal disease. The residuals of

venereal disease are not to be considered

the result of willful misconduct.

Consideration of service connection for

residuals of venereal disease as having

been incurred in service requires that

the initial infection must have occurred

during active service. Increase

in service of manifestations of venereal

disease will usually be held due to natural

progress unless the facts of record

indicate the increase in manifestations

was precipitated by trauma or by the

conditions of the veteran’s service, in

which event service connection may be

established by aggravation. Medical

principles pertaining to the incubation

period and its relation to the course of

the disease; i.e., initial or acute manifestation,

or period and course of secondary

and late residuals manifested,

will be considered when time of incurrence

of venereal disease prior to or

after entry into service is at issue. In

the issue of service connection, whether

the veteran complied with service

regulations and directives for reporting

the disease and undergoing treatment

is immaterial after November 14, 1972,

and the service department characterization

of acquisition of the disease as

willful misconduct or as not in line of

duty will not govern.

"Don't give up. Don't ever give up." Jimmy V

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