What Does This Mean ?

[Fat]

There is a record of treatment in service for a right shoulder condition, but the evidence does not show a chronic disability during service nor after active duty. Therefore, service connection is denied.

There is no evidence to show a relationship between a right shoulder strain, which occurred in service, and your current right rotator cuff syndrome condition. Therefore, service connection is denied.

We did not find a link between your medical condition and military service.

Please help me fully interpret the reason for denial and what information should be submitted to help my claim.

Thanks............

[georgiapapa]

Fat,

It appears to me they are saying there was no record of continuation of treatment for a recurring problem with your right shoulder. If you have records showing you continued to have regular problems with your right shoulder after you were discharged, you should file a NOD. If you could obtain an IMO from your orthopedic specialist showing a nexus between your current shoulder problems and your military service, you should file a NOD. JMO

GP

[Fat]

I appreciate the response GeorgiaPappa.

I spoke with another veteran who gave me a different analysis.

He stated consider chronicity and continuity of symptomology when reading the denial letter.

Analysis: In lieu of a diagnosis of right shoulder strain in SMR'S and continuing symptoms since leaving active duty.

There is no current diagnosis which considers the injury chronic in nature.

Rotator Cuff Syndrome is a diagnosis, but not a chronic state of the shoulder (injury).

Once chronicity (current diagnosis) is established, the chronic disability has to be medically tied to the original shoulder strain which was probably underdiagnosed.

[georgiapapa]

Fat,

I am not a VA legal expert and I still don't fully grasp or understand Chronicity or Continuity of Symptomology. When I respond to a post on Hadit, sometimes I might cite a VA policy or refer others to 38 CFR part 4 but that is about as far as I can go regarding VA legalease. From what I have been told by others, continuing symptoms may be all that is legally required under Continuity of Symptomology.

Often when I post a response, I try to put myself in the place of a VA rating official and try to understand how they might view or interpret the evidence provided by a claimant. This is what I had in mind in my earlier response to your post.

With no follow up records of treatment, where is your medical proof of symptoms? If you do have medical records showing you reported symptoms but no treatment was received, VA raters could attribute the symptoms to another medical condition not being claimed. VA raters could also ask "where is the disability if no treatment was required for the symptoms reported?" I just believe a claim is much stronger if there are medical records showing a Continuity of Treatment after military service for the medical condition initially diagnosed during military service. JMO

Good luck and take care.

GP

[Fat]

I appreciate the input.

Adding a little more, I have been seeing a doctor off and on since leaving active duty 9 years ago.

My current physician initially prescribed diclofenac for pain.

Next, I was in physical therapy for 4 weeks.

Then a x-ray was ordered; however the x-ray came back negative.

I recently had an MRI due to continuous problems (pain mostly).

The radiology report came back positive for a torn rotator cuff.

[Navy04]

I had to go thru the same thing bud, and I actually tore my shoulder along with knees and back in OEF. Well documented and now waiting to have Surgery on all. I just kept reopening the denied conditions as I did not want to wait for years on appeals. Guess what now 4 FDCs in the last 2 years, with over 30 C&Ps and they will all be granted. If your conditions are well documented in STR, then go with that, or as stated above spend a few bucks and get an IMO. Good luck and God Bless!!!

[63SIERRA]

you need to see your c file and see if they are considering your post service treatment records.