Medical Evaluation Board Chapter 18

[JohnM]

Everyone said do your research and so I am. I came upon the MEBC

on Determing Disability 18-11 it states

Herditary and genetic conditions shall be presumed to have been incurred prior to entry into active duty. They will be presumed service aggravated unless evidence clearly establishes that the condition is solely the time result of the condition's natural progression.

Ok would this mean that someone with spina bifida occulta qualify? Especialy when DR. said the aggravation has most likely caused his back problems. Plus he has an undeveloped rib ( two birth defects ).

[Berta]

John -was this condition noted on your entrance physical ?

Although this BVA case is a different situation- I think it does make a good point as to a pre-existing condition and the definition of "aggravation" to that condition:

http://www.va.gov/vetapp96/files2/9613146.txt

The veteran clearly had a pre existing hand disability- but could not prove "aggravation" of that disability.

Was the doctor's statement you referred to today from a VA doctor,at a C & P or from a private doctor.(I assume you mean a documented statement)

How did the VARO respond to that statement?

[olenavygoat]

Something else I would be finding out is if your parent was in the jungle in Vietnam. Spina Bifada is one of the diseases caused by agent orange and other pestisides our government had dumped on our troops. If this is so, I would go after them!

[JohnM]

Berta, & Olenvygoat

No his condition was not noted matter of fact he did not no until he had his back surgery. He enlisted twice and passed the physcial both times. The Dr was and IME ( primary ).His father however was in WWII not sure where.

Thanks Everyone for some sound advice :

Noted that I am printing everything out that I get responds to and like you said Berta, I went out and bought folders after folders, right now there cheap because of shcool strarting.