Proving service connection with ad medical records

[seminoles]

I thought the rule for service connection was note of the condition in service as well as current diagnosis?  So, here is my situation.  While on active duty I had bladder incontinence, I was young.  It was embarassing.  I finally brought it up during my annual physical because it was one of the questions asked.  I circled yes to leaking urine when laughing, sneezing, etc.  When the corpsman read over my form, he and the doctor both laughed and told me to wear a sanitary pad and that was that.  I was on a ship and quite frankly we all knew better than to let medical things that could be embarrassing get spread around.  I dealt with it for many years and finally had the courage to bring it up again with my VA gyn about 10 years later, she suggested oh, lose 10 lbs and it will go away.  (I wasn't nor have I ever been overweight).  Discouraged and again humiliated I let it go and continued to wear pads. Last year I got the courage up to ask my primary care physician to order my incontinence items for me because they are quite expensive and I am rated high enough that I have no copays for prescriptions.  He immediately sent me to urology.  The urologist not only ordered me the pads/briefs but also noted that it started after the birth of my second child while I was on AD.  I also found the note in my AD service records.  I never put in a claim for this.  I finally put in a claim and had my cp exam.  The examiner was a NP and she never examined me but went off only what I said and my records. She did check all the boxes that if she had service connected it would rate me at 60% easily for this condition.  She noted that it had been 21 years since I had gotten out, not sure why that would be relevant?  What does that have to do with anything?  If I have note of the condition in service, another from approximately 8 years ago at the VA and still currently from a urologist why would she then say less likely than not service connected?  She is saying it is from child birth.........I gave birth to children during active duty.    I even submitted that page of my medical record to her.  I would love  advice on how to fight this claim before it is decided if possible.  This would be a 60% rating.  

Edited February 13, 2017 by seminoles

[flores97]

Seminoles, I understand your frustration, I meant to provide your urologist with copies of the evidence so he can honestly state that he reviewed your service treatment records. I have incontinence as well,  but I suspect mine is due to my five children rather than lupus. I also never exhibited symptoms until about ten years after service for the incontinence, so I'm not putting in a claim for it.  You DID experience incontinence during AD, and regardless if it's from childbirth or not,  you had your child while on AD and are entitled to service connection. Do you have frequent UTIs as well,  I was Army myself but if you were frequently on a ship I can imagine that aggravating your condition.  Best of luck to you,  I would get that done asap,  before they make the decision.  

[seminoles]

11 minutes ago, flores97 said:

Seminoles, I understand your frustration, I meant to provide your urologist with copies of the evidence so he can honestly state that he reviewed your service treatment records. I have incontinence as well,  but I suspect mine is due to my five children rather than lupus. I also never exhibited symptoms until about ten years after service for the incontinence, so I'm not putting in a claim for it.  You DID experience incontinence during AD, and regardless if it's from childbirth or not,  you had your child while on AD and are entitled to service connection. Do you have frequent UTIs as well,  I was Army myself but if you were frequently on a ship I can imagine that aggravating your condition.  Best of luck to you,  I would get that done asap,  before they make the decision.  

I had 2 children while on AD both before this started, I had 3 more after and while on AD I had chronic UTI's so bad that I was on preventative medication to prevent them.  The fact of the matter is that it started on AD, whether it worsened because of age, what actually caused it doesn't even matter.  It is like saying that someone diagnosed with high blood pressure on ad doesn't get SC because they smoke.......and kept smoking so they don't get the correct rating?  I call bullshit on this one.  ;)   I will definitely bring my service medical records with me so my urologist can note that properly and upload it with my claim. 

Edited February 13, 2017 by seminoles

[flores97]

Absolutely, and I'm certain being in tight shared quarters aboard a ship didn't help any, you are entitled to a rating for your condition.  I hope you get the rating that you deserve, if you ever need any assistance everyone on this forum will do our best to help.  There are also ways to get the c&p exam thrown out,  but the quickest way to overcome a negative exam where the examiner mark less likely is to obtain a positive exam to overcome it.  If the VA orders another exam after you provide the positive DBQ, they are developing to deny and that is absolutely not allowed. Best of luck to you! 

[seminoles]

1 minute ago, flores97 said:

Absolutely, and I'm certain being in tight shared quarters aboard a ship didn't help any, you are entitled to a rating for your condition.  I hope you get the rating that you deserve, if you ever need any assistance everyone on this forum will do our best to help.  There are also ways to get the c&p exam thrown out,  but the quickest way to overcome a negative exam where the examiner mark less likely is to obtain a positive exam to overcome it.  If the VA orders another exam after you provide the positive DBQ, they are developing to deny and that is absolutely not allowed. Best of luck to you! 

Thank you!