Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!

Question

I had infant asthma with all signs and symptoms of asthma gone by the time I was 9 or 10 years old.  On my pre-enlistment questionnaire, I marked I that I had had asthma (question says do you have or have you had) I had it as a kid and it was gone.  I enlisted in the Navy in 1979 and based upon all the research I have been able to find, with any history of asthma, I don't think I should have been allowed to enlist.  I have my service records and they are silent of any respiratory testing to enlist. The best I understand is they accepted me with a presumption of soundness.

I had not had any sort asthma symptoms for at least 8-10 years prior to service.  During rigorous running and physical training in boot camp, I had an asthma attack and had to go to the dispensary.

I filed a claim recently for service connection for asthma because it was aggravated in service and I was treated for an attack in service. I also have a 40% rating for a knee condition and have not been able to do much to be active over the years. At my most recent yearly VA physical, my cholesterol and weight were both going up so I figured I needed to do something to get some exercise. Swimming laps is something suggested to me so I tried that and after about 20 minutes of laps I had to quit because I was having asthma breathing problems.  I told my VA doctor who treated me with a daily inhaler and a rescue inhaler. Both have helped improve symptoms.

The VA denied my claim for asthma saying it was preexisting. I had been asthma free for almost a decade prior to service.  If regulations at the time I enlisted say I should have been disqualified for service, but they let me in with a presumption of soundness, what steps do I take in my appeal?

My mother has written a lay statement of the chronology of my childhood asthma and when symptoms were gone.  How do I show aggravation v exacerbation?  What should a doctors IMO say?

Thank you.

Share this post


Link to post
Share on other sites

3 answers to this question

Recommended Posts

  • 1

Here is a link I hope you find helpful.

 https://www.disabilitysecrets.com/legal-advice/disability/veterans-disability/can-i-veterans-disability-pre-existing-condition

Dr's IMO will state the doctors findings.... jmo...

it should involve the necessary DBQ.  https://www.benefits.va.gov/compensation/dbq_listbydbqformname.asp

  • Like 1

Share this post


Link to post
Share on other sites

Ad

  • 1

from ASKNOD

If  the sublexing patella occurred in the military , then it is service connected. If you did have it and it was noted at entry, and then got worse (especially within the golden one-year period after separation), it's still service connected. To deny ignores the precept of §3.1 and §3.303(a) - to wit, if it happened in the service or got worse in the service, it's service connected absent willful misconduct. If it is found to be SC, then a finding of fact states as much. Wilson v. Derwinski 1990 (The regulation requires continuity of symptomatology, not continuity of treatment.) "Acute and transitory and resolved before separation" is a finding of fact. But it is not grounds for declaring it non-service connected. Remember, it ieither service connected or it's not service connected. You can't be a little pregnant here.

  • Like 1

Share this post


Link to post
Share on other sites
  • 1

You got great responses.  I advise you to appeal beginning by filing a NOD.  However, you may not have a very large disabiliity percentage here if your symptoms are "acute and transitory".  

The VA isnt going to pay you for your pain and suffering for your asthma attack, even if service connected.  

VA benefits are to reflect the "loss of earning capicity".  So, if you have an asthma attack once every 2 years, and keep right on working, then my guess is that you would be rated at zero percent.  

However, if your doc gives you a list of restrictions, then that my help toward demonstrating a functional loss of earning.  

Share this post


Link to post
Share on other sites

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

  • Ads

  • Ad

  • Latest News
  • Our picks

    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
    • Thank you Buck for your help. I did receive my 100% for my IU claim today June 20, 2018 and it is p&t. The claim only took 64 days. Thank you so much for your help. 
×

Important Information

{terms] and Guidelines