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Advice Crs On Possible Cue, Reopenw/ New Evidence Or To Start New Claim

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Ok i let time run out on claim for sinusitus/chronic colds and bronchitis/chronic colds. I had other medical issues that were more pressing including surgery I needed after I retired. I retired in Oct 2008 (1988-2008). Did initial C&P in May 2008 while still in service in NM and then moved to FL when retired so now under VA in St Pete.

Initial C&P noted by general practiconer (a DR) "seen by ENT in 2004 for recurrent sinus symptoms. normal nasal endosopy and CT of sinuses were described as having "absolutely no evidence of chronic sinusitis", ENT felt symtoms due to local mold and suggested nasal rinses for relief." she put my date of onset of bronchitis as 2003. Noted i had several bad colds in Guam (2003-2005) that developed into bronchitis, sinusistis and walking pnemonia. improved since she left Guam and only one episode sinusitis in 2008. and course since onset: improved.

- she had xray of sinuses done and showed nothing

- no endoscopy performed but she noted turbinates and septum normal, no polyps or obstruction

- and she said my tonsils were normal (they were removed in 1985)

Rating Decision 8/17/09

They denied both sinusitis and bronchitis: here they said no endoscopic evidence of sinusitis by examiner (but she never had test done), last endoscopy was 2004.

They listed treatment 1/2003 sinusitis, 4/03 cold sysmptoms, 7/03 severe cough, 8/03 pneumonia/bronchitis, 12/03 bronchisitis with persistent cough, 8/04 brochitis.

OK in service record there are over 40 visits/treatments for upper respiratory infection, sinustis, rhinitis, bronchistis dating back to 1989. Best is ENT in 2004 diagnosed allergic rhinosinusitis. of cousre i was PCSing soon so no allergy testing but diagnosis right there that C&P Dr just failed to mention.

Could not breath through my nose, sinuses all stuffed but not as much runny. Just figured I couldnt breath well. Went to ENT in 2013 (alot of other issues going on thats why delay) and CT showed 90% blockage on one side, deviated setum, haller cells, septal bony spurring and turbinate hypertrophy. Allergist did testing and i have multiple sever alergies not kept in check with several daily allergy meds. Had sinus surgery, 2 different sinus cavities had lots of junk, oplys removed, fixed septum, scraped turbinates and ballon dialation. terrible surgery and recovery. symptoms coming back with more sinus infections. Have ENT writing letter.

So do i reopen with new evidence (have lots), CUE as Dr grossly omitted diagnosis of Allergic sinusitis which ties it all together or try an entire new claim for allergic rhinitis with sinusitis secondary. i had polys which were removed, new CT just done and not sure what will show.

Any advice would be great. I am still fighting orginal claim as my surgery after retirement NP tried to say not service diagnosed. just did bva teleconference and they remanded back to St pete. help if you can. i think enough details for even layman to connect dots. They never looked at my entire record...just bits and pieces.

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When you reopen a claim that has been denied and not appealed you have to have new evidence. Not as hard as it sounds usually a Doctors Medical Opinion that diagnoses the problem, attributes it to service will get the jon done.

Good Luck

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Merely having the evidence in your records is only step one in this process. Remember, 1) disease in service; 2) disease currently and 3) a nexus letter/IMO/IME that connects the two together with a reasoned logic that is defensible medically. You have 1 and 2. You do not have #3. Surely you didn't expect VA's C&P doctor to write you a letter connecting the two?

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i understand what you guys are saying. when 1st did C&P had no clue of process and how they could look at one or two pages of a long medical record and write opinion on so little of truth. Have had to go to gainsville (from jax, a 2 hour drive) on 6 or 7 occassions for NOD and appeal. Actually had to go 2 days in a row as they failed to measure a scar so called and made me drive back the next day. i had one great c&P dr in gainsville, rest were NPs who misquoted most of what i said.

my question..since allegeric rhinosinusitis was diagnosed in service am i better off submitting an entirely new claim for rhinitus with sinusitus secondary or have them reopen with new evidence (continued treament by alergist with daily meds) and letter from my ENT who did surgery?

is CUE valid as dr refered to CT in 2004 and just happened to omit the actual diagnosis. also requested a personal hearing with DRO in St pete which never happened, one of the reasons for remand of other stuff. dont think they could have screwed more up.

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