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

[Hoppy]

Thanks Smitty

This is the section I was talking about......

Previously, case law allowed for continuity of symptomatology to be used as a basis to grant service connection for diseases not contained in the list of chronic diseases at 38 C.F.R. § 3.309(a). See Savage v. Gober, 10 Vet. App. 448, 495-96(1997). Recently the United States Court of Appeals for the Federal Circuit in Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013) explicitly overruled this principle, holding that continuity of symptomatology could establish service connection only for the disorders specifically listed as chronic at 38 C.F.R. § 3.309(a) but not for other disorders which might be chronic in a medical sense, much less for non-chronic disorders.

[qwiksting]

You are more than welcome Hoppy, Thank you!!!

[hayneswc]

Hoppy, Are you saying that I can be granted service connection for the adhesions with nexus? The surgery report from my c-section showed that there were already adhesions in my abdomen. These were likely from a elective kidney donation performed two years prior. My doctor provided nexus that the abdominal adhesions that were noted within one year of discharge only further progressed following the c-section since the incisions were close in proximity. I'm not sure if that is what it needs to say. Any thoughts?