Chronic Condition Within One Year

[hayneswc]

I am in the process of filing an appeal and noticed a post that Berta made in reference to chronic conditions within one year. Here is my story: I seperated from the Air Force in June 2004 on a maternity and childbirth discharge.

At the time of discharge I was considered a high risk pregnancy due to preeclampsia so I opted to continue my treatment at the Bethsda Naval Hospital and eventally had my son via emergency c-section due to the preeclampsia in July 2004.

I filed a claim for adhesions as a result of the c-cestion and was denied service connection since I had already seperated. Since the C-section I have had several surgeries to try to take down the adhesions that had my uterus completely adhered to my abdominal wall and to my bladder. I suffered from debiliating pain for years and eventually opted for a total hysterectomy. The VA examiner determined that the c-section WAS the cause of the adhesions but again because I wasn't active duty at the time it wasn't service connected. Here is my issue, I am in the process of filing an appeal in which my VSO told me to get a nexus letter from my doctor stating that the adhesions were a chronic condition that manifested within on year of discharge.

I didn't think that adhesions were one of the chronic conditions that could be claimed. I also talked to another veteran that previously worked for the VA and was told that I should try to link the preeclampia to the need for the c-section. I'm not sure which route to go or if I can tell the VA both. Any advice and suggestions are needed. Thanks

[carlie]

I am in the process of filing an appeal and noticed a post that Berta made in reference to chronic conditions within one year. Here is my story: I seperated from the Air Force in June 2004 on a maternity and childbirth discharge.

At the time of discharge I was considered a high risk pregnancy due to preeclampsia so I opted to continue my treatment at the Bethsda Naval Hospital and eventally had my son via emergency c-section due to the preeclampsia in July 2004.

I filed a claim for adhesions as a result of the c-cestion and was denied service connection since I had already seperated. Since the C-section I have had several surgeries to try to take down the adhesions that had my uterus completely adhered to my abdominal wall and to my bladder. I suffered from debiliating pain for years and eventually opted for a total hysterectomy. The VA examiner determined that the c-section WAS the cause of the adhesions but again because I wasn't active duty at the time it wasn't service connected. Here is my issue, I am in the process of filing an appeal in which my VSO told me to get a nexus letter from my doctor stating that the adhesions were a chronic condition that manifested within on year of discharge.

I didn't think that adhesions were one of the chronic conditions that could be claimed. I also talked to another veteran that previously worked for the VA and was told that I should try to link the preeclampia to the need for the c-section. I'm not sure which route to go or if I can tell the VA both. Any advice and suggestions are needed. Thanks

Welcome.

I'm going to send a shout out to someone on your questions.

Please answer and clarify the following:

Your profile shows you are currently service connected at 20 percent,

for what condition/s ?

You were honorably discharged on what date ?

Your son was born on what date ?

[hayneswc]

_{I am 20 percent rated for a bladder condition. I was honarable discharged on June 1, 2004 and my son was born on July 19, 2004.}

[john999]

I think what the VA means is if you file for a chronic condition within one year of discharge you get the benefit of it being considered as still service connected. I did this with a emotional condition within one year of discharge and I got SC'ed back to one day after discharge. If I had more questions I would consider hiring me a lawyer since you filed within one year but were denied. Did you appeal the denial? You may have to file a CUE as you only hope of getting the VA to take a look at this and consider granting the initial claim with an EED.

[hayneswc]

I actually didn't file the first time until 2007. It was diagnosed within one year of discharge but I didn't actually file until 2007 after my second surgery.

[john999]

One year chronic condition has run, but who knows what a smart lawyer could do with it. Did you appeal the 2007 denial? If not your claim denial was final one year later, so you file again with some knew evidence and you get another shot at it. If you are going to spend time on an appeal why not get a real legal opinion instead of some VSO? I don't know if an IMO can get you an EED back to 2004.

John

[hayneswc]

John, I have medical evidence from early 2005 that shows the adhesions were present. I'm just not sure if the VA would consider that a chronic condition or if its best for me to have my doctor connect the preeclampsia to the c-section since the preeclampais occured while I was active duty.