One Condition Granted, Two Denied. Please Help

[gossjl04]

Hi everybody,

I finally received my decsion from the VA. One condition was granted, two were not. Does anybody have time to read through and offer any insight or assistance? I am a National Guard Combat Engineer Sergeant and my only active duty time was 2010 for basic training, however, I've been to many military schools.

Condition 1: (Granted 20%) Right Rotator Cuff Arthropathy after 2 different AC seperations.

Condtion 2: (Denied) Tinea Versicolor. There was no doubt about whether or not I have Tinea Versicolor. It's a fungal rash and covers my entire back, ribs, chest, and arms. However, it was denied service connection because they said that there was no evidence of a link between my rash and an in-service event or injury. I got this rash last June at Army Mountain Warfare School in Vermont. We were wet, sweaty, and hot. I went to the school sick-call and saw the head medic. He filled out a "Standard Form 600 Chronological Record of medical Care' stating that I had a heat rash / dermatitis on my back, arms, and legs. He didnt know what it was, just described it as red, irritated skin.

So I submitted this form from the medic, and also a statement from myself saying what/where/when this happened and first began. I submitted this condition and the condition below together via the Fully Developed Claim, and due to the limitation of number of files that could be submitted, everything was combined together, so I'm thinking that maybe they missed these papers because they were in the middle of the stack. I think this because in my denial letter, they do not list it as being received or used in considering this condition. Like I said at the top, I am a national guard soldier, so I wouldn't have any active duty evidence for this claim, just this sick call form from the Army Mountain Warfare School. Should this be enough? Does it matter that I'm a national guard soldier and this occured while I was on active duty orders? Should I submit my email with my Orders to report to this school from June 1 through June 14?

Condtion 3: (Denied) Migraine Headaches. I get terrible, terrible, migraine headaches. The kind that make you throw up. I get normally 4 of these per month on average, and smaller less severe headaches several times per week. Anyways, I never used to get headaches like this. I first got my very, very severe migraine while on Inactive Duty Training in another state for our annual summer training. We had drove 14 hours and it was very hot. I was standing outside up out of the hatch of our Stryker vehicle, breathing in deisel fumes the entire day. Anyways, I woke up with a terrible headache, that spiraled out of control. I vomited / dry heaved probably 80 times before an ambulance took me to the nearby civilian hospital. They performed imaging on my head and gave me a lumbar puncture (spinal tap) because they thought that I had menigitis. Ever since then, i've gotten headaches / migraines very frequently.

They state that even though I submitted treatment records and a line-of-duty determination showing that I received treatment, it is noted that this occurred during a period of inactive duty for training (IDT) and according to VA Rules and regulations, in order for a period of IDT to be considered active service, one of the requirements is that an injury must be directly inccurred during the period of inactive duty for training and 'migraine headaches are not considered an injury for this purpose'. They don't list recieving my statement describing the situtaiton and how I get migraines / headaches very frequently now, just the medical evidence, Line-of-duty determination, etc.

My doctor told me that once you get a very severe migraine, it makes you more susceptible to getting more migraines. The doctor from the hospital said that it was likely caused by either severe dehydration, breathing in the diesel fumes, or a combination of the two.

What do you guys think? Do I have a case for this one?

Thank you so much for any help / guidance!

[militarynurse]

I just read a decision yesterday of a navy veteran I know. He was treated once for a rash in the service during 1988. Only self treated it since. C&P doctor opined it was the same rash he had since 2008 called tinea versicolor over 20%-40% of his body and that it is difficult to eliminate. Dr. wrote is was as least as likely as not the same rash he was treated for in the military. He was awarded a 30% rating, about $400 per month without dependents.

However, his tinnitus and hearing claims were inexplicably denied despite his service spotting planes on a carrier. His hearing test was sub normal, however non-compensable for VA purposes. didn't even get a "0" percent rating.

Moral of the story: C&P exams are like a box of chocolates...you never know what your going to get.

[broncovet]

Go back to the basics.

You read over the decision, and especially the "reasons and bases" for the decision.

You look over your medical/SMR's looking for these 3 key things which you must have:

1. Current diagnosis. No diagnosis, no benefits.

2. In service event. Make sure these events are in your records..if they are not documented they did not happen.

3 Nexus. A doctor has to provide a line to the above 2 things. It needs to say something very similar to the Veterans tinea versacolor was at least as likely as not caused by xxx event in military service.

After you have read over your med recs and cfile, and your decsion, thoroughly, then proceed to file a NOD. A good job doing the Nod will help you.

Example:

I disagree with the denial of tinea versacolor. The Rand B said that no nexus was found. However, Dr. Johnson, on May, 31, 2014 opined, "The VEterans tinea versacolor is at least as likely as not due to xxx event in military service.

Dispute the denial of both issues, the same way, and dont forget to specify in the NOD: whether you want a DRO, and the date of decision. The new Nod forms are not as Veteran friendly, so be sure and consider the above in your NOD.