tdiu General Question

[fedupvet9]

I am brand new here, so I will ask what (I Hope) is a easy question first. I will get to my denied TDIU Claim soon since there is so much involved. First I would like to know this, if anyone can help. In Service I was treated many times for Pneumonia, Allergic Rhinitis, Sinusitis, and Bronchitis. All these mentioned were clearly noted as "Chronic" on my Service Medical Records. When I filed for Compensation for these, the VA denied all stating "The evidence shows this condition was not incurred in or aggravated by military service". This was the same reply to all mentioned above. The VA ignored "Allergic Rhinitis" altogether and didn't even mention it. First question, how can the VA get away with not approving this since I have "many" service medical records stating "Chronic"? They did however give me 10% for COPD. I am guessing that the VA Ignored all the evidence for everything mentioned above so they wouldn't have to give 10% for each one, & instead just gave me 10% for COPD! If this is the case, is it legal for them to dump 40% of disabilities into COPD for only 10%? If anyone knows, Please help me. Thank you in advance.

[Gulfvet45]

The thing is, how bad is it now, not way back then. Look up the rating guide lines.

[fedupvet9]

The thing is, how bad is it now, not way back then. Look up the rating guide lines.

Thank you Gulfvet45: Since I retired in 2006 I have had Pneumonia twice, Bronchitis about 3-4 times. I'm not exactly sure what Rhinitis is or does. I do know I was taking a couple types of nasal spray on active duty, & I am still taking two different types issued by the VA today. I will look up the rating guide lines. They seem to have a different language, but I will try to figure it out. Thanks again.

[cooter]

GV45 is correct. The symptoms must be presently active which sounds as if they are.

When did you get the denial letter? If it's been within the 1 year deadline, you should file an NOD (Notice of Disagreement) as soon as you can!

Also, when you filed your claim, did you submit copies of the clinic visits from your SMR?...Did the letter state that your SMR was included as part of THEIR record of evidence?

What did the C&P examiner state about your disabilities, that is, if you have a copy of it. Did your claim include your disabilities were at the time giving you complications with evidence from your Doctors thats treating them?

It's really puzzling why they stated "The evidence shows this condition was not incurred in or aggravated by military service". when in fact, the SMR does. Here's a link that defines "Rhinitis"

http://emedicine.medscape.com/article/134825-overview

Coot

Thank you Gulfvet45: Since I retired in 2006 I have had Pneumonia twice, Bronchitis about 3-4 times. I'm not exactly sure what Rhinitis is or does. I do know I was taking a couple types of nasal spray on active duty, & I am still taking two different types issued by the VA today. I will look up the rating guide lines. They seem to have a different language, but I will try to figure it out. Thanks again.

[Gulfvet45]

Yes it sound like the RO and examiner missed the boat on this one. Send in the NOD with a copy of your records showing you was treated for this in the service. Get your VSO working for you or get a new one!

GV45 is correct. The symptoms must be presently active which sounds as if they are.

When did you get the denial letter? If it's been within the 1 year deadline, you should file an NOD (Notice of Disagreement) as soon as you can!

Also, when you filed your claim, did you submit copies of the clinic visits from your SMR?...Did the letter state that your SMR was included as part of THEIR record of evidence?

What did the C&P examiner state about your disabilities, that is, if you have a copy of it. Did your claim include your disabilities were at the time giving you complications with evidence from your Doctors thats treating them?

It's really puzzling why they stated "The evidence shows this condition was not incurred in or aggravated by military service". when in fact, the SMR does. Here's a link that defines "Rhinitis"

http://emedicine.med...134825-overview

Coot

[fedupvet9]

Thank you both Coot, and Gulfvet45:

I thought it was strange that about 6 month's after retirement, I received alot of my Medical Record's back from Dept of Veterans Affairs Winston-Salem NC Regional Office with a letter stating "Copies of your Service Medical Records, the purpose for which the material was submitted has been served. We are pleased to return it to you." (I'm guessing everyone gets their Medical Records back)? I received 3 paper wax type folders. Some of these Medical Records they (sent back to me) were Disabilities that they conviently overlooked when rating my overall disabilities! I had to re-send those same documents back to finally get those disabilities they left off, to be added back on to become 80% overall. The first disability listing with denial of bronchitis/sinusitis I ever received from VA was dated 11 MAY 2006, which was my first VA compensation letter also. This was right after retirement & I never received a TDIU form from the VA. I suppose they had the Service Medical Records for the Chronic Pneumonia, Allergic Rhinitis, Sinusitis, and Bronchitis. They only refered to Bronchitis and Sinusitis though in their denial letter. This is what the first denial letter stated (the one in which they left some disabilities off). It stated that my Service Medical Records for the Marine Corps, and Army were used in Evidence. It stated for Bronchitis "my Medical Records show I was diagnosed with Bronchitis on 6 NOV 2000. At my examination I stated I have had recurrent Bronchitis since 2001(don't know why the dates don't jive, but that's what it says). Upon examination, my nose was normal, & lungs were also normal. Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. A disability which began in service or was caused by some event in service must be considered "chronic" before service connection can be granted. Although there is a record of treatment in service for Bronchitis, no permanent residual or chronic disability subject to service connection is shown by the service medical records or demonstrated by evidence at your examination. Therefore, service connection for chronic bronchitis is denied". For Sinusitis it stated I was first diagnosed with sinusitis 26 APR 1996. At my examination I stated I have annual episodes of acute sinusitis with last episode in 2004. Upon examination my nose was normal & my lungs were normal. (Then it says the same long thing about service connection) then, Although there is a record of treatment in service for sinusitis, no permanent residual or chronic disability subject to service connection is shown by the service medical records or demonstrated by evidence at your examination. Therefore, service connection for chronic sinusitis is denied". When I brought these issues up again, va letter dated 5 JUN 2007: for bronchitis "It states it was reopened but evidence remains the same and the med records I sent them they already had from the first time except I had new evidence from my civilian "Tricare" Doctor stating that I have been seen for sinus drainage and was taking singular. Then it goes back to rating decision 3 MAY 2006 denied service connection for bronchitis because although my service medical records shows that I was treated and diagnosed with bronchitis in NOV 2000, my examination noted my nose & lungs were normal" & for Sinusiitis is says the same thing with different dates!! I know its too late to do a NOD, but can I reopen this again? I want to know what these #^&%* )(_%# (*&&*% are thinking!!! As far as Bronchitis you don't have it every single day!!! Just because I didn't have it at the "Examination" doesn't mean I don't continue to get it!! Also, as far as Sinusitis goes, I blow my nose real good first thing in the morning and before I go to bed, so I can breathe. I'm sure anyone would do that. Just because my nose & lungs were normal at the "Examination" probably was from I had already blew my nose! I'm guessing (since it was first filed in 2006), but I must have 30-35 service medical records stating I was treated for some or all of the above, and many documents state "Chronic"! This brings me back to my original question. Since they gave me COPD for 10%, do you think they're trying to get out of 30% more disability? I have a strong feeling they are, but I'm not positive. As of today I'm taking Symbicort, Spiriva, Sodium Chloride nasal spray for congestion, Flunisolide nasal spray for allergies. They also denied me for Hypertension which I had during Active Duty. I was just recently diagnosed with Hypertension "again" by a VA DR. I bet they try to get out of it when I file for that too. "Please Help" & thank you Coot for the link to rhinitis. Thank all of you for your help. P.S. I'm sorry it has taken so long to reply back to both of your advice. I have been reading "The Chiropractor's Self- Help Back and Body Book" complete guide to relieving aches & pain, trying to figure out some of my body problems. I HATE reading, but it is VERY GOOD & explains some med terms in english & gives you alot of self help you can do at home & lets you know what signs to look for when you need to see a DR. P.S.S. I forgot to mention, do you think this is a CUE? If so, what exactly is a CUE & can I get back pay? I know many of the Medical Records state "Chronic".

Edited January 10, 2012 by fedupvet9