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

[hayneswc]

My doctor said that since there were adhesions noted during my c-section from the kidney donation that it is likely that the kidney started a chain event that eventually resulted in the hysterectomy. Can residuals from a kidney donation performed at a civilian hospital be service connected?

[Veldrina]

if it was done during an active duty/for training period i believe so. 1151 claims are usually only for VA screw-ups

[hayneswc]

Yes it was done while I was active duty. The adhesions were noted during the c-section which was one month post separation

[hayneswc]

Another thought: Adhesions were noted during the c-section from the kidney donation. I know that the kidney donation is elective but since adhesions were noted within one year of my discharge could that help. My kidney was removed one inch above my c-section incision. I know that c-section caused the uterine adhesions but the adhesions were already present prior to in the same area.

Edited August 26, 2013 by hayneswc

[Hoppy]

I was assisting a veteran who was diagnosed as having GERD while on active duty several months prior to discharge. VA treatment notes show that symptoms of GERD continued to require medication for the next five years without interruption. I argued that the condition was shown to be chronic by medical history through the presumptive period and as such could be awarded without a nexus. A BVA lawyer rebutted my argument saying that GERD was not on a list of chronic conditions and required a nexus statement. The BVA lawyer cited a 2012 court decision saying that the presumptive period only applies to chronic diseases shown on the list of chronic diseases. I just spent a half hour trying to find the BVA decision. It was for Smitty’s GERD claim. I could not find it. If important ask Smitty (quicksting on hadit, I think) Fortunately, we had a report that the BVA lawyer thought was good enough for a nexus.

[qwiksting]

Here is the BVA descision

http://www.va.gov/vetapp13/Files2/1315830.txt

It got me SC at 0%. I have a NOD in now. Thanks to Hoppy, I wouldnt have anything for this. The VA tried to be slippery as an eel.