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Chronicity And Continuity Of Symptomatology


Fat

Question

Can anybody state in layman terms the meaning of these two words as it pertains to the VA and being service connected.

1. Chronicity

2. Continuity of Symptomatology

All help is appreciated especially from the elders on the board.

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I would think it means the degree of the disability/condition and how its related to military service!

Chronicity- - Record of Events as being Constant!

Continuity-- Ties-- Continuous Whole'' Script''

jmo

..................Buck!

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There are 133,067 claims decisions at the BVA web site that show how the VA applies and defines those terms.




"Where the evidence shows a "chronic disease" in service or "continuity of symptoms" after service, the disease shall be presumed to have been incurred in service. For the showing of "chronic" disease in service, there is required a combination of manifestations sufficient to identify the disease entity, and sufficient observation to establish chronicity at the time. With chronic disease as such in service, subsequent manifestations of the same chronic disease at any later date, however remote, are service-connected, unless clearly attributable to intercurrent causes. If a condition noted during service is not shown to be chronic, then generally, a showing of "continuity of symptoms" after service is required for service connection. 38 C.F.R. § 3.303(b). "

http://www.va.gov/vetapp14/Files7/1456889.txt

Some conditions fall under the Chronic Presumptives, a different regulation ,explained in this decision..

This is an important point from the above regulation.

" If a condition noted during service is not shown to be chronic, then generally, a showing of "continuity of symptoms" after service is required for service connection. 38 C.F.R. § 3.303(b). "

There are over 100,000 decisions with the word continuity in them.
It is often the cause of many denials.

The veteran must prove that an inservice injury,disease, event etc, caused th current diagnosed disability the have now, and that there are treatment reocrds that reveal continuous treatment for the same disabiltiy.

Example..I had a vet whose condition was deemed as not Sced by VA.
we proved it had to be SCed.
Part of the award involed the extensive evidence I found that
not only was the condition misdiagnosed by the Mil,
the veteran had ,since leaving service been continuously treated for this condition.

His private doc agreed with what I found in his SMRs, and the VA awarded, after about 12 years, 2-3 trips to BVA, and twice at the CAVC, before I met him.

A lack of documented continuous treatment, after getting an award for a disability the VA has already SCed, can cause them to propose a reduction in the rating..

We have done radio shows on the Chronic presumptives but I will talk to Jerrel about doing one on chronicity and continuity in the future.

.



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Basically chronic means long standing and continuity is continued chronic symptoms of the malady. Sometimes va uses the lack of treatment to try to overcome or rebut this rule but recent fed.circle.rulings overturned that theory. If your malady was chronic in service and it's still treated for today its chronic. Read 38cfr 3.303 (b) it explains in detail how to use this against the va. I used this after being out of service for over 30 years with no service treatment records on record and I won. If used correctly you can box va in where they have no choice but to award. Pay close attention to paragraph (3) of this rule. Also read Davidson v. Shinseki (fed.cir.Sept.14, 2009). This validates 38cfr 3.303 (b) Good Luck...

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  • HadIt.com Elder

If you have a SC condition and the rating is not permanent as in 20 year SC I would at least get treated for it at the VA to show continuity and chronicity of your SC symptoms. This is also a good way to show that your condition is getting worse or at least static as in P&T ratings. You can get treated for it outside the VA as well, but show up for some sort of treatment at the VA. I see a VA shrink even though I get my real care from private doctor. The same goes for all my SC conditions. VA recently said I had had a heart attack. I hot footed it to my private cardiologist and had a stress test. He told me I had not had a heart attack and it was a false positive. I am not telling the VA that I did not have a heart attack. Let them believe their own bad medical science. I wonder if I am already rated 60% for CAD and the VA says I have had a heart attack as indicated by their own testing if I should ask for an increase? I am not that greedy since I already get "S" unless I could get a higher rate of SMC. I am sitting at about total plus 80% now. If my P&T becomes real P&T that would be just fine in about 6 more years.

John

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