How does it look for my BVA appeal to you?

[kent101]

I looked at my C-File and the reason they denied my sinusitis was that they said I had no treatment for it in my medical records. In one of my medical records it shows that I told my doctor I had sinusitis. The doctor didn't treat me for it after I told him about it. So the VA says because the doctor didn't treat me for sinusitis that it doesn't matter if I mentioned I had it. At my C&P exam the doctor said it was more likely than not that my sinusitis was caused during basic training. The C&P doctor said also that I had allergic rhinitis. On my last claim I applied for rhinitis and they denied that too. The C&P doctor years before then said that my rhinitis was more likely than not caused during my service too. It's been 5 years so far waiting for my BVA appeal. When I wrote the letter I said "How's it my fault that the doctor failed to treat me for sinusitis when I reported it"? Do you think I'll be giving this sinusitis disability rating or not?

[porgee]

At my C&P exam the doctor said it was more likely than not that my sinusitis was caused during basic training.

How did the doctor come up with that if there is no treatment records???. 

while in service. You may have a hard battle to win but Good Luck.

[broncovet]

Based on what you posted, you should win this appeal.  

The criteria for service connection, is as follows:

1.  Current diagnosis (of sinusitis).

2.  In service EVENT or aggravation.  You dont have to have a in service "treatment" or an in service diagnosis.  This is a bogus denial, that some VA rep "made up".  There is no requirement for in service "treatment", but rather an in service "event".  There is a difference.  The Caluza elements makes the requirements clear.  

3.  Nexus, or medical link between 1 and 2, above.  

     VA does this all the time.  In my case they said it had been "too long" since military service.  Do you see "length of time since service" as one of the criteria?  No.  The VA has to rate on criteria, and the BVA and courts are required to enforce the Caluza elements for service connection.  

     This said, I did not read your file.  Is your nexus solid?  I dont know.  There are criteria for a valid nexus, too, and I dont know if you met that criteria.  

     The VA can not deny you because of "non criteria".  That is, they can not deny you because you have blue hair.  This is not one of the criteria.  That does not mean that they wont try, it means that the BVA/CAVC will stop this rinkus dinkus, but only if you timely  appeal and call em out on it.   

[broncovet]

One caveat:

    If your "in service physical" shows you had sinisutis, it will make it more complicated as you will then have to show "aggravation".  That is, you will need to show the military made your condition worse than it was before service.  

    If you "dont have it" when you enter service, but "you have it" when you exit service, there is a presumptive you got it in service.  The docs notes shows "you have it" but you still need to prove the other 2 Caluza elements I defined, above.  

[porgee]

how can you win with no treatment records???  If I tell a doctor I had heart

disease in 2000 but no treatment records how can you win ,hell you cant win

with evidence and you have none waste of time. jmho

 

[porgee]

I really don't know how you can come  with this he will win have you won??

An Imo cant help this JUST SAYING and what its worth. Now you know

why the appeals line is so long no evidence and filing

Edited February 27, 2018 by porgee

[kent101]

On 2/27/2018 at 3:24 AM, porgee said:

At my C&P exam the doctor said it was more likely than not that my sinusitis was caused during basic training.

How did the doctor come up with that if there is no treatment records???. 

while in service. You may have a hard battle to win but Good Luck.

I have treatment records saying that I self reported having sinusitis and they gave me medication for allergies.