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Post Vesectomy Pain Syndrome

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How is it  service connected ?

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

B.S. Doane College, Mgt Info Systems/Systems Analysis 2008

M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

M.S. Purdue University Information Technology/InfoSec, Dec 2022

100% P/T

MDD

Spine

Radiculopathy

Sleep Apnea

Some other stuff

-------------------------------------------
B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

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  • HadIt.com Elder

I'm not sure of your question.??

I had a good friend 35 years old  non-veteran, he had a VASECTOMY and the Dr cut the wrong cord or cut something wrong I never ask his wife to much about it.

 he went for a month and never got any better, was admitted to the Hospital for  Bad bad swelling and excruciating pain...his pain was so bad it caused him to go into cardiac- arrest..and died.

so pain any type of acute chronic or excruciating pain is never to be taken lightly   claim or no claim.

 

.................Buck

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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Since this condition was an elective surgery in the military, VA will most likely try not to service  connect it or at least grant a minimum of 0%.  Keep in mind that prior to this surgery you were "supposed" to be counseled and informed that there would/could  be some type of residual pain and or discomfort.  The pain can excruciating at times even making it difficult walk but in every case that I saw VA either denied the claim or granted a 0% rating.

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  • Content Curator/HadIt.com Elder

I won SC for a condition caused due to elective surgery because the military surgeon screwed up. It is entirely possible that your military surgeon also screwed up. There's a lot of nerves down there!

Here's a BVA win from 2011 for post-vasectomy complications based on relative equipoise despite the elective procedure. His entrance exam was normal. He had the elective procedure. He was later diagnosed, filed, denied by the VARO, appealed to the BVA and won.

http://www.va.gov/vetapp11/files2/1113555.txt

Quote

The Veteran contends that his current epididymitis, pain, and swelling are a result of his vasectomy during service.

...

Although, it appears that the Veteran's residuals of a vasectomy, namely epididymitis, has improved and worsened during the pendency of his claim, it is clear that it has been a diagnosed condition with associated pain and swelling at periods during the pendency of his claim.  Thus, he has a current disability for purposes of 38 C.F.R. § 3.303.  See McClain v. Nicholson, 21 Vet. App. 319, 321 (2007) (current disability requirement is satisfied when a claimant has a disability at the time a claim for VA disability compensation is filed or during the pendency of that claim, even if the disability resolves prior to adjudication of the claim).

...

In the January 2008 rating decision and subsequent statement of the case (SOC) and supplemental statements of the case (SSOCs), the RO found that the Veteran's surgery during service was an elective procedure with the risks and benefits explained and that there is no evidence of any complications.  However, unlike a claim for compensation under 38 U.S.C.A. § 1151, which provides that additional disability resulting from VA hospital care caused by carelessness, negligence, or lack of proper skill, a claim for direct service connection has no such requirement of fault or evidence of a complication not reasonably foreseeable.  See 38 C.F.R. §§ 3.303, 3.358, 3.361.  Additionally, there was no indication the Veteran had a preexisting disability.  In fact, the June 1986 examination conducted in connection with the Veteran's enlistment with service described the Veteran's genitourinary system as normal.  In fact the Veteran only reported a past history of a painful or trick shoulder on the June 1986 report of medical history.  As there was no preexisting genitourinary condition, the regulations concerning aggravation, including 38 C.F.R. § 3.306(b)(1), do not apply to the instant case.

The April 2006 private treatment record and December 2007 VA examination report clearly indicate that the Veteran's current residuals of a vasectomy, including testicular pain and epididymitis, is related to, and had its onset during, service.  These medical opinions are competent and there is no medical evidence of record that indicates that the Veteran's current residuals of a vasectomy are not related to service.  Therefore, at the very least, the evidence is in equipoise and any doubt is resolved in the Veteran's favor.  Accordingly, service connection for residuals of a vasectomy is warranted.

...

CONCLUSIONS OF LAW

1.  The criteria for service connection for residuals of a vasectomy have been met.  38 U.S.C.A. §§ 1110, 5102, 5103, 5103A, 5107 (West 2002 & Supp. 2010); 38 C.F.R. §§ 3.159, 3.303 (2010).

I have no idea how it is rated from a diagnostic code/rating % perspective, but would recommend reading the entire BVA ruling content.

If you think you can win, think of potentially secondary ratings when you file. If you are in pain and cannot "perform", consider filing an ED claim for SMC-K. If the pain causes you anxiety, depression, etc.. consider filing a MH claim.

Good luck! I hope this helps.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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