Continuity Of Symptomology Question

[Fat]

I'm aware of service connection by chronicity (diagnosed chronic in service and diagnosed chronic years later).

However my question resolves around when the in service chronicity is disputed or questioned.

I know the new regulation only allows specific chronic diseases (tuberculosis, cancer, etc) to be applicable to continuity of symptomology.

However, my question is does it only apply to specific chronic disease on the list or does it apply to all chronic diseases (chronic bronchitis, chronic sinusitis, etc), but not chronic injuries.

All comments are welcomed.

[Philip Rogers]

That regulation is not new and probably dates back to WWII or maybe just the 1950's or so. There are a whole slew of chronic illnesses. What do you mean by chronic injuries?? For example, do you mean you continually injured the knee you injured in the military??

pr

[Fat]

I'm speaking about the Walker vs Shinseki case.

11-7184

Feb 21, 2013

38 CFR 3.309 (A)

If chronic disease is not specifically listed in 3.309 (A).

That methodology of service connection was overturned.

[georgiapapa]

Fat,

It is my understanding that "Continuity of Symptomology" is when a claimant had a medical condition (disease or injury) in service and the medical condition required regular treatment after the claimant was discharged and the regular treatment for the medical condition continued up until the present date. As long as the claimant has evidence (medical records) of all of the above, the medical condition should be service connected. JMO

GP

[mos1833]

the way i understand it is totally different, first continuity of symptomology, is used if the condition was not chronic ,and also theres no need for a paper trail of treatment,although that would make it better,even a slam dunk, but not needed. i could be wrong so help me if my understsnding wrong,thanks

[georgiapapa]

mos1833,

I agree that "Continuity of Symptomology" doesn't apply to readily identifiable chronic conditions (multiple schlerosis, Cancer, etc.). However, I disagree with you if you are saying "there is no need for a paper trail of treatment" for non-chronic conditions.

Refer to 38 CFR part 3.303 - Principles Related to Service Connection:

"Continuity of Symptomology is required only where the condition noted during service (or in the presumptive period) is not, in fact, shown to be chronic or where the diagnosis of chronicity may be legitimately questioned." "When the fact of chronicity in service is not adequately supported, then a showing of continuity after discharge is required to support the claim."

If the condition being claimed is not chronic, a claimant would need evidence/paper trail (medical records) after discharge to show a continuity of symptoms and treatment for said symptoms of the condition claimed. Otherwise, the claim would fail. JMO

GP

[Berta]

I agree with Georgiapapa.

if you search the BVA for terms such as continuity of symptomotology you will see how the VA defines that.

Much past discussion here at hadit as well under a search.