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Osteoarthritis Help


roses15534

Question

spend 21 yrs in and on my exit physical about 5 months prior to retiring I told the doc about it and again on my Gulf War registry and ever since till present I have complained about it but never had a diagnosis and now I do 12 yrs later.

So do this mean it will be rated or service connected or not? I have read the following but don't know?

Certain chronic diseases, including arthritis, will be

presumed to have been incurred in or aggravated by service if

they manifest to a degree of 10 percent within one year after

separation from service, even if there is no evidence of such

disease during service. 38 U.S.C.A. §§ 1101, 1112; 38 C.F.R.

§§ 3.307, 3.309(a). If a chronic disease is noted during

service (or within the applicable presumptive period under 38

C.F.R. § 3.307), subsequent manifestations of the same

disease at any later date, however remote, will be service

connected, unless clearly attributable to intercurrent

causes. However, where a condition is noted during service

(or within the applicable presumptive period) but is not

chronic, service connection may be granted only where there

is evidence of continuity of symptomatology after separation

from service.

38 C.F.R. § 3.303(b).

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Roses,

Without a in-service diagnosis of osteoarthritis in your hands or a diagnosis within one year of discharge you will need a medical opinon that specifically states you had it in service or within a year. That opinion should specifically identify medical facts that support that contention.

If I recall correctly don't you have RA? If you have RA, I would be questioning the diagnosis of Osteoarthritis in your hands, Usually RA raises hell with the joints in the hand.

Best regards,

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you would fall into the category of "continuity of symptomology".

You need a strong IMO that states your current condition is related to the two times you "mentioned" it in service or at the GWexam.

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