Exit Exam Diagnosis - Not Service Connected?

[hollyh1344]

During my exit exam in 2009, I had several service-connected conditions diagnosed and was placed on TDRL for those conditions. I filed claims with the VA, and the VA denied them stating that all but one were not service-connected. I was dumb and did not appeal in time.

This past year, I was re-examined by the MEB. It was determined that my conditions stabilized, and I was placed on permanent disability retirement. I've filed to re-open my case because 1.) the new exam and disability rating are new and material evidence to those conditions and that 2.) the VA committed a CUE by ignoring my exit exam and the entire reason I was discharged to begin with. The VA is continuing to state that the conditions aren't service-connected, and it's currently on appeal. I've requested a copy of my C-file and an additional copy of my orders placing me on PDRL that I will forward as evidence.

I've read that if the exit exam states the diagnosis, it should automatically be service connected. Is that correct? Any similar experiences is greatly appreciated. Thanks.

[hollyh1344]

Right hip condition (claimed as chronic right hip pain, status post injury)

low back condition (claimed as chronic low back pain)

Left hip condition (claimed as chronice left hip pain, status post injury)

(All three are given the same explanation)

- A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New means that the evidence has not been considered before and materail means it applies to the specific issue for which you were previously denied. New and material evidence must raise a reasonable possibility, that when considered with all the evidence or record (both new and old), that the outcome (conclusion) would change. The evidence can't simply be redundant (repetitive) or cumulative of that which we had when we previously decided your claim.

- The evidence from {} is not new and material evidence because it does not establish a fact necessary to substantiate the claim and does not raise a reasonable possibility of substantiating the claim.

- The claim for service connection for (each condition listed above) remains denied because the evidence submitted is not new and material.

Bilateral ankle sprains resolved with residual arthralgia

- Service connection for bilateral ankle sprains resolved with residual arthralgia is denied since this condition neither occurred in nor was caused by service.

- Service connection for bilateral ankle sprains resolved with residual arthralgia is denied.

Since receiving the denial, I provided additional copies of service treatment records seperately for each condition, and highlighted important parts of them. I also found some hand written medical records placing me on profile twice for ankle sprains. Additionally, I am forwarding the order placing me on PDRL and the final medical examination that brought them to that decision. In hindsight, I should have provided all of this before asking to reopen the claims, but I'm living and learning with this process. I've requested a copy of my C-file as well, so maybe that will help shed some light.

[Navy04]

Glad to hear your records and evidence are coming together. Good luck

[Buck52]

I Recommend Requesting a Consult to Dr Bash

If you are interested in having Dr. Bash prepare a medical evaluation, please email Dr. Bash requesting a consult with the information below. You should also look over the New Patient Information.

Name:

Phone number (include time zone and best time to call):

E-mail:

Mailing address:

Brief description of your current problems and the status of your claim:

1. Explain any clinical urgency or VA deadlines or hearings:

2. When did you serve?

3. When were you discharged?

4. What diagnosis has been given for your disability?

5. How far back does your claim(s) go?

6. What rating do you have now (if any)?

7. What rating are you hoping to get for each claim?

8. Do you have your medical records? military and civilian?

9. Do you have your rating decisions and C & P exam reports?

10. Do you have all x-ray/MRI reports and/or films?

11. Are you working now?

Craig N. Bash M.D., M.B.A.

Neuro-Radiologist/Associate Professor

NIH/Uniformed Services School of Medicine

4938 Hampden Lane

Bethesda, MD 20814

Cell: 301-651-6392

Dr. Bash usually does not evaluate psychiatric conditions, vaccine reactions or injury, or certain skin disorders related to chemical exposure; however, he can refer the veteran to a specialist who can help.

Recommend Dr Bash to help you with all this!

Iam not sure what his fee is? you work that out with him, but he has helped thousands of veterans win there claims.

Good Luck Bud

Buck

Edited February 20, 2015 by Buck52

[Berta]

"I've read that if the exit exam states the diagnosis, it should automatically be service connected. Is that correct? "

That is not necessarily the case at all:

http://www.hadit.com/veterans-affairs-claims-self-help-guide/

A Exit exam could note an acute condition, not a chronic one....as some conditions could resolve themselves during or after service.

This past year, I was re-examined by the MEB. It was determined that my conditions stabilized, and I was placed on permanent disability retirement. "


"The VA is continuing to state that the conditions aren't service-connected, and it's currently on appeal. I've requested a copy of my C-file and an additional copy of my orders placing me on PDRL that I will forward as evidence."

Good, send them copies of the newest MEB results that will support your appeal.

By "appeal" do you mean you have filed a timely NOD?

[hollyh1344]

"I've read that if the exit exam states the diagnosis, it should automatically be service connected. Is that correct? "

That is not necessarily the case at all:

http://www.hadit.com/veterans-affairs-claims-self-help-guide/

A Exit exam could note an acute condition, not a chronic one....as some conditions could resolve themselves during or after service.

This past year, I was re-examined by the MEB. It was determined that my conditions stabilized, and I was placed on permanent disability retirement. "

"The VA is continuing to state that the conditions aren't service-connected, and it's currently on appeal. I've requested a copy of my C-file and an additional copy of my orders placing me on PDRL that I will forward as evidence."

Good, send them copies of the newest MEB results that will support your appeal.

By "appeal" do you mean you have filed a timely NOD?

They denied my request to re-open the case, and I filed a NOD on that denial and requested a DRO. I missed the appeal deadline when the claims were initially denied, so now I'm making sure I have new and material evidence, including the PEB results. I've *finally* contacted a local VSO to help me out. I do feel like the VA made an error originally because the conditions were listed as chronic and service related. I feel that I have a strong case for re-opening because I have new evidence to provide. I'm also asking that the effective date be back dated because the conditions were very obviously service-connected. That may seem like a stretch, but I feel that the VA wants to make Vets "fight" for it, and even though I did miss the appeal deadline, I should not have been forced to appeal. Ultimately, if the effective date is not back-dated, I blame myself for missing the deadline, but I feel it's worth a shot.

[Fat]

"NEVER GIVE UP"