Deviated Septum decision

[Wayne TX]

Back in May 2015 had a IME/IMO exam and was told I should put in a claim for deviated septum cause I had surgery for same while on active duty and again the same exact surgery in 2009 at VA.  I had no intention of applying for it until it was brought up.  I went ahead and submitted and  it got denied, did an NOD and still sitting in Appeal now.  I have not had any additional deviated septum surgeries since filing (2015) and no more clinical indications another surgery is needed therefore MY QUESTION: 

(1) Does the fact I have had two surgeries mean anything as far as service connection goes or.... 

(2) is this just a lame duck I should cut loose since no more surgeries have occurred since 2009. 

Final question,  if still sitting and waiting on multiple Appeals does dropping one of those Appeals speed the others along any faster or does it even matter?  Can those on Appeal be processed individually at any point in time that RO decides to overturn same..... or do they wait until all of the Appeals made and filed together are fully decided one way or another?  Just seeking some opinion on this from more seasoned folks in Forum.

Edited March 8, 2018 by Wayne TX
spelling error

[Wayne TX]

Buck......the Sleep Apnea appeal I have now waiting at RO has nothing to do with any Deviated Septum involved.  I am already s/c for allergy rhinits and sinus and those are the two I have IMO's stating SA " as more likely as not" linked to my existing s/c.  I am not holding out much hope for Deviated Septum to get anything but a SOC and with no current evidence/surgery to offer and no record of fistfight I have no real hope it will be over turned.  I believe the SA appeal is well grounded....two opinions linking SA to existing s/c, two sleep studies showing progression of mild to moderate over 9 years period,  plus showing CPAP usage dropped Apnea rate from 25.1 to 2.1 average per night at last analysis review so clear evidence is established that I need CPAP and it is working.  I have found a lot of BVA rulings where SA was granted based on allergic rhinits and sinus as s/c. My allergic rhinits was rated 0% upon discharge so it clearly falls back into service related and I had sinus surgery done during active service as well and in SMR.  I don't see how it could get more well grounded than that. but I am all ears to know what else can help me that I can add to the pile.......always open to advice.

 

 

Edited March 9, 2018 by Wayne TX
spelling cleanup

[Gastone]

Could you post the BVA Decision Docket Numbers?

[Buck52]

Wayne

I was just using the Deviated Septum as example this goes for any condition that you file secondary for. If you had surgery for that while in military  then you will have medical records!

What did they say the reason was you were denied for D.S.

On 3/8/2018 at 10:13 AM, Wayne TX said:

Back in May 2015 had a IME/IMO exam and was told I should put in a claim for deviated septum cause I had surgery for same while on active duty and again the same exact surgery in 2009 at VA.  I had no intention of applying for it until it was brought up.  I went ahead and submitted and  it got denied, did an NOD and still sitting in Appeal now.  I have not had any additional deviated septum surgeries since filing (2015) and no more clinical indications another surgery is needed therefore MY QUESTION: 

(1) Does the fact I have had two surgeries mean anything as far as service connection goes or.... 

(2) is this just a lame duck I should cut loose since no more surgeries have occurred since 2009. 

Final question,  if still sitting and waiting on multiple Appeals does dropping one of those Appeals speed the others along any faster or does it even matter?  Can those on Appeal be processed individually at any point in time that RO decides to overturn same..... or do they wait until all of the Appeals made and filed together are fully decided one way or another?  Just seeking some opinion on this from more seasoned folks in Forum.

If I was you I would not drop any Appeals...VSO are bad about telling veterans to do that, I don't think it makes any difference ...as for as the timeline for decisions.

As long as you have medical evidence (records) and a nexus to your military service  and Qualified  D'r stating it  is likely as not related to or caused by your current S.C. Condition. for secondary claims.

If you have not requested your C-FILE I would recommend you do that ASAP.

Edited March 10, 2018 by Buck52

[Wayne TX]

BUCK -  I was denied because they said I did not show having a  traumatic injury while on active duty.......which basically is true other than those few blows to the face during maybe a 2-minute long fistfight that was never reported or went to sick call.  I do not intend to drop any Appeals......was just wondering out loud if you did drop would that actually speed others with stronger evidences.  Got my C-File....and got MDS stating as likely as not due to existing s/c but that said no medical changes and no more DS surgeries since 2009. 

GASTONE - My Appeals are still resting with RO........no docket numbers even assigned yet to two other Appeals......just a waiting game and not getting any younger. 

 

 

Edited March 10, 2018 by Wayne TX

[Vync]

It might be worth checking your entrance and exit examinations.

When you join the service, they perform an entrance exam to determine if you are medically capable of serving. Recruits are given the "presumption of soundness", meaning that they are medically sound, unless the doctor notes otherwise. In my case, he noted my eyesight as not normal because I wear eyeglasses, but the problem was not significant enough to preclude military service.

When you prepare to leave the service, most are given the option to have a medical exit exam performed, but some may reject the exam (bad idea). It is pretty much the same as the entrance exam, but just notes your medical condition when leaving. It does not note every malady in your medical records, but provides a general overview.

If your nose was normal at entrance, but not normal at exit, that could be a beneficial finding. Additionally, if it was normal at entrance, but you had surgery to correct a deviated septum while in service, then the "presumption of soundness" would still apply, if your nose was normal when you joined. How could your septum go from normal to deviated without something happening?

The reason why I feel this is important is because my nose was normal at entrance, but not normal at exit. While in the service, I had a minor injury early on that I treated at home with an ice pack and tylenol. Not long after, I started having significant and worsening sinus problems. When I got out, the doc noted my nose was not normal and cited treatment history (not due to trauma). When I filed for a claim, it was denied. I was granted SC for it via "relative equipoise".

With your situation trying to get SC for SA secondary to your sinus issues, this might be a beneficial route to help you out.

I am still scratching my head. If you are already SC for sinuses/rhinitis and have IMO's attributing SA as being secondary, how could they deny your claim by stating you had no evidence of trauma? I assume this might be because you told your IMO doc and he included it in the opinion. If that is the case, a buddy letter might be another option. If you had a friend/buddy/spouse who witnessed the fight or saw you afterwards, they could write a buddy letter stating their objective observations (without opinion). The VA often rejects buddy letters, but they can often help fill in gaps.

[Wayne TX]

Vync....I have no earthly idea where those few guys who witnessed the fight are today or even if some are still alive or even made it out of Nam.   This was not really much of fight to remember because after about 10-15 punches thrown it turned into a wrestling match then on the floor for the final 90 seconds before they separated us.  I had no idea if I did or didn't have an existing deviated septum when I was inducted.   All, I know they looked up my nose and said you got one and need surgery.   In 2009, same deal at VA....I got a deviated septum again and need surgery.   Had two surgeries....well recorded.    Today, they say I have no deviated septum, which as I understand you have to have an EXISTING DISABILITY to file.  I got the FACTS of two surgeries in my corner..........but now VA saying there's no deviated septum issue in 2018 existing does not look like I have an "existing factor" working in my favor .   

 

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Edited March 13, 2018 by Wayne TX