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Asthma Appeal For The Second Time
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The reason why I disagree with the decision dated October 2012 for asthma is because:
In order to establish service connection for a claimed disorder, there must be (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the current disability. See Hickson v. West, 12 Vet. App. 247, 253 (1999).
The reason why I should be service connected for Asthma and compensated at 30% is because:
With respect to Hickson element (1), current disability, On June 04, 2013, I was diagnosed with Asthma and Allergic Rhinitis by Tracy Bridges, MD, Allergy and Asthma Clinics of Georgia. My FEV1 Is 76% Predicted? Hickson element (1) is satisfied.
Moving to Hickson element (2), On May 26, 1998 a compensation and Pension exam was conduct by Va examiner in Dublin, Georgia. Veteran stated at her C&P exam that she had a history of allergic rhinitis and asthma, depending on the type of weather. She stated that her nose gets stuffy and she gets some wheezing in her chest, particularly at bedtime. She had been treated with inhalers in the Navy. She still had some of those inhalers and uses them periodically. The examiner diagnosed the veteran with Asthma. On April 05, 1999, seen at Palmyra Medical Center for Difficulty Breathing was given Nebulizer treatment times (3) per Dr. Manikin per Dr. Grady Thompson (see respiratory care notes) This was within one year of discharge from the military. (See decision letter December 1999) Therefore Hickson element (2) is satisfied.
As to Hickson element (3), On April 05, 1999, seen at Palmyra Medical Center for Difficulty Breathing was given Nebulizer treatment times (3) per Dr. Manikin per Dr. Grady Thompson (see respiratory care notes). During the pendency of the NOD (see Nod dated December 1999) Therefore Hickson element (3) is satisfied.
Medical nexus, diagnosis with Asthma in the military (medical records cannot be located from September 1993 thru December 1997).
Also, five months after active military service, I was diagnosis with Asthma by the VA examiner (see C&P exam date May 1998) and it was at a compensable degree.
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