Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • Donate Now and Keep Us Helping You

     

  • 0

NEXUS letter or Presumptive for colon polyps

Rate this question


Question

Posted (edited)

I have been retired for 7 years now and was rated at 60% for various disabilities after I retired.  

One month after I retired, I had a colonoscopy; benign polyps (i.e. benign neoplasms), a type that could turn to cancer, were found and removed.  I have had polyps removed twice since then.  Now I would like to get my polyps service connected at 0% in case something more serious were to develop in the future.  

My question:  Since my polyps diagnosis was only a month after I retired, do I need a NEXUS letter to say the polyps were "more than likely" to have developed while on active duty, or would it be presumed the polyps developed while I was still on active duty?

I looked at the presumptives in Title 38, and I don't think this fell under any of the automatics.

Thanks for any help.

Edited by JustGettingStarted
Added "benign neoplasms".

3 answers to this question

Recommended Posts

  • 0
  • HadIt.com Elder
Posted

Its hard to get colon polyps S.C. B/C There is not a diagnostic code.

Because colon polyps are not assigned a specific Diagnostic Code the RO rated them under 38 C.F.R. § 4.20 by analogy to irritable colon syndrome, 38 C.F.R. § 4.114, Diagnostic Code 7319. The evidence currently available, however, is insufficient for rating purposes. As such, a new examination is in order. 38 C.F.R. § 3.159.

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!!!

  • 0
Posted
15 hours ago, Buck52 said:

Its hard to get colon polyps S.C. B/C There is not a diagnostic code.

Because colon polyps are not assigned a specific Diagnostic Code the RO rated them under 38 C.F.R. § 4.20 by analogy to irritable colon syndrome, 38 C.F.R. § 4.114, Diagnostic Code 7319. The evidence currently available, however, is insufficient for rating purposes. As such, a new examination is in order. 38 C.F.R. § 3.159.

It should be rated under 7344 Benign neoplasms, exclusive of skin growths, in the Digestive Systems section.   

I would not expect any additional rating for it as long as they are benign, and I already have 10% for GERD.  I just figure it would be better to start working on service connection now, rather than wait to see if something happens years down the road and then try to get S/C for it. My question is still, should I ask my doctor for a NEXUS letter, or will it be presumed I acquired the polyps in service since my first colonoscopy was 1 month after my retirement date?  

If I knew back then what I know now, I would have added it to the claim I initiated before I retired.   

I have had three colonoscopies since I retired, and have had polyps (i.e. benign neoplasms) removed at each visit.  What good would a re-exam do if the polyps have been removed?  I would hope the medical records from my civilian doctor would be sufficient to prove I had the polyps and that they do re-occur.  

 

  • 0
  • HadIt.com Elder
Posted

Yes Ask your Dr to write you a good Nuxus letter   that is always good evidence to submit.

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!!!

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Matrev earned a badge
      First Post
    • Patrol Agent earned a badge
      Conversation Starter
    • Patrol Agent earned a badge
      Week One Done
    • Patrol Agent earned a badge
      One Month Later
    • Grey Goose went up a rank
      Rookie
  • Our picks

    • From CCK-Law.com

      VA Disability Payment Schedule for 2025

      VA Disability Rates 2025
      • 2 replies
    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 1 review
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 reviews
    • Do the sct codes help or hurt my disability rating 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use