Conditions originating in the military but service-connection denied

[LadyJetMech]

I have several conditions that originated in the military (1984 to 1995). They are documented in my military medical records. In the last 23 years, I have moved about 20 times. I have no way of remembering what civilian doctors I have seen over the years. Some conditions I never went to a civilian doctor for because the military blew off my complaints, so I didn't know there was testing and treatment available (for example, frequent urination, bruxism, TMJ, tonsil hypertrophy (possibly causing recently diagnosed sleep apnea) are just a few conditions I have my military medical records, but never complained a civilian doctor until 20 years later, even though I suffered all along. Does the fact that I don't have medical conditions from my military medical records treated for 20 years mean that they can automatically deny service-connection? Do I have to prove medical treatment throughout the 24 years since I separated even if it was the same condition in my records that I am now being treated for?

[vetquest]

First do you have copies of your service records that show where you were treated for these conditions? That shows the first part of your nexus.  Second do you have evidence of being treated for this condition today?  That shows your current diagnosis.  Finally you need a doctor to state that the current condition is connected to service.  Your C&P doctor is supposed to provide the nexus but it looks like they did not. 

I would appeal the decision to deny service connection for the conditions noted in your SMR's.  Are you on RAMP or the legacy system.  I you are on the legacy system you need to file and NOD if it has been less than a year since you got the denials.  Read the BBE letter and carefully find why they denied your claim.  They are supposed to give a reason on why they denied you.  That decision is what you need to fight.

[Richard1954]

I agree with vetquest.. you need an independent medical opinion.... to offset the C/P examiners opinion.... the Dr you chose to do the opinion must review all the medical records and write a reasonable opinion based on the medical evidence..   I had 2 claims denied once or twice before I got medical opinions,, then the claims were awarded.... 

[Buck52]

I agree with Vetquest too!

Lady Jet Mech quoted

''Does the fact that I don't have medical conditions from my military medical records treated for 20 years mean that they can automatically deny service-connection? Do I have to prove medical treatment throughout the 24 years since I separated even if it was the same condition in my records that I am now being treated for?''

If you can get your hands on all your records the past 20 years or so  VA AND PRIVATE these records are your proof you had these symptoms and DX during military   (this is called a nexus)which will help you getting them service connected...medical records is a Veteran best friend.

(unfortunately without medical records or medical notes to prove your conditions and treatment while in military  with out military medical records or private   Yes you probably be denied...but these records should be in your 180 file or STR Files.or your C-FILE. Request your C-file ASAP if you have not did this yet? the records you need certainly could be in your C-FILE. request ALL your records from all the places you were station at during your military time..

 If you been Dx for OSA /Sleep Apnea =And if you use a Required  C-pap and a Dr stated that you need it for health necessity  you can file that as a secondary claim... from what ever condition that would be?

 Once a SERVICE CONNECTED FOR A CONDITION  THAT IS CAUSED BY OR RELATED TO then a prescribe C-PAP for sleep Apnea is usually automatic 50% 

Although you may not had S.A. back then   it was not a well known condition 20 years ago ,but it did exist , but other conditions can cause or be related to it   you just need a  Qualified Dr to give his/her opinion on that.

Always use a specialist in rebuttal against a VA Doc.

They won't go back that for for your Early Effective Date   but will start your EED when you first filed the claim

Edited January 25, 2019 by Buck52

[broncovet]

Back to basics.  This is what you have to prove for service connection.  No more, no less:

1.  Current diagnosis.  

2.  "In service event" or aggravation.  A doctor today can not describe an in service event UNLEss he treated you in service.  Now you dont have to have MEDICAL EVIDENCE for an in service event.  Your doctor didnt follow you around in boot camp with pen and paper ready to describe and document all ailments.  Instead, your buddies can often describe an in service event.  "Yes I remember Jones.  He snored so loudly that I had to sleep in a different room" is an example of abuddy letter to docuent sleep apnea.  A doctor could diagnose your sleep apnea after service and provide a nexus, based on your buddy letter statements.  It doesnt take a doctor to document an in service event.  Yes, it helps when you have the condition documented by a doc, but a buddy can testify that he saw you......... (he should not try to be a doctor)l 

3.  Nexus.  This is a link between your current diagnosis and your in service event.  Only a doctor can provide a nexus.  

You should appeal the denial, and make efforts to complete the documentation above.  

    This said, you hace the burden of proof.  Its not the VA's fault you forgot the name of the doctor.   How did you pay the doctor bill?  A credit card?  There may be a record.  A check?  There may be a record.  You can order old statements from your bank.  Your payment may reflect the name of the clinic or doctor you visited.  

      If you did not pay the doctor bill, if it was under 7 years ago, your credit report may show that your doc bill to dr. jones was turned over to collection.  You may have to call the collection agency.  Ask them the name of the doctor.  Tell em, if neccessary, you want to pay the old bill, but cannot/will not unless you know the doc name.  

Edited January 25, 2019 by broncovet

[vetquest]

Good advice Broncovet.