Preexisting Childhood Asthma Aggravated in Service Denied

[madog31]

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.

[Guest L]

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

[kanewnut]

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 is either service connected or it's not service connected. You can't be a little pregnant here.

[broncovet]

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.