Does an in-service diagnosis qualify as an event for direct SC?

[doc25]

Yes or No?

[broncovet]

Probably. A background with more specific facts will yield a more definate answer.   I like one word answers also, but its often not that simple with VA.  The "diagnosis" itself is not an "event" per se . Did your entrance exam show you had the disorder?     If so, it might be about "aggravation" of an existing disease.  

While its true that you are given a presumption:  The doctor doing your entrance exam did a good job, and you answered all questions honestly.   But, VA CAN rebut that presumption if they have evidence.   Often that evidence will come FROM YOU...perhaps years later...with something you tell a VA doc..about your childhood...

Every doc you come into contact with at VA is not your friend.  

Its further complicated because VA loves to say its some sort of genetic disorder which is related to your parents not your military service.  

The medical exam where you got the diagnosis may show an "event in service".  For example, I fractured my leg in service, and I described how it happened to the doctor, and he documented it.   So, my "fractured leg" was the diagnosis, but the medical exam DOCUMENTED the incident (event in service).  

Even WITH this fracture . documented, I dont have SC for my residuals of a fractured leg!!!  Why?  Because I dont have a nexus.  There are other things that "could" have caused my knee failure requiring my total knee replacement.  I have not aggressively persued this because its probably moot since Im at 100 percent.  

But, a medical exam may "not" show an event in service even with a diagnosis.  The VA, because of Chevron/Auer defense, can interpret "event in service" to mean anything they want to suit their own interests in denying you.  

Again, I know you want a yes or no, but when you read about VA its always more complicated than that.  If it were THAT simple, we should not need a Board of Veterans appeals or a CAVC.  

Edited February 22, 2019 by broncovet

[doc25]

2 hours ago, broncovet said:

Probably. A background with more specific facts will yield a more definate answer.   I like one word answers also, but its often not that simple with VA.  The "diagnosis" itself is not an "event" per se . Did your entrance exam show you had the disorder?     If so, it might be about "aggravation" of an existing disease.  

While its true that you are given a presumption:  The doctor doing your entrance exam did a good job, and you answered all questions honestly.   But, VA CAN rebut that presumption if they have evidence.   Often that evidence will come FROM YOU...perhaps years later...with something you tell a VA doc..about your childhood...

Every doc you come into contact with at VA is not your friend.  

Its further complicated because VA loves to say its some sort of genetic disorder which is related to your parents not your military service.  

The medical exam where you got the diagnosis may show an "event in service".  For example, I fractured my leg in service, and I described how it happened to the doctor, and he documented it.   So, my "fractured leg" was the diagnosis, but the medical exam DOCUMENTED the incident (event in service).  

Even WITH this fracture . documented, I dont have SC for my residuals of a fractured leg!!!  Why?  Because I dont have a nexus.  There are other things that "could" have caused my knee failure requiring my total knee replacement.  I have not aggressively persued this because its probably moot since Im at 100 percent.  

But, a medical exam may "not" show an event in service even with a diagnosis.  The VA, because of Chevron/Auer defense, can interpret "event in service" to mean anything they want to suit their own interests in denying you.  

Again, I know you want a yes or no, but when you read about VA its always more complicated than that.  If it were THAT simple, we should not need a Board of Veterans appeals or a CAVC.  

I suppose you're right so I'll complicate my question a bit more.

Let's visit the definition of an event: 

a thing that happens, especially one of importance.

 

There was no event of an injury and no event of illness to my feet. I won't rebut that. Nonetheless, there was a thing that happened, especially one of importance.

Allow me to ask.

If I was having pain in my feet did that not happen?

1. I tried treating myself for two months with Rest,Ice,Compression, Elevating my feet. Hydrating, Motrin and changing my socks everyday.I went as far as to buying new shoes during that time. Nothing worked.

2. The next step was to go to sickcall. I was then referred to a navy podiatrist that made the diagnosis of bilateral flat feet. I was provided with custom orthotics that worked for a few months. Then the pain recurred. By that time I was out of the Navy and hating life.

Wouldn't it be of importance to have been seen in-service and diagnosed?

My STR proves an event by definition did occur in-service.

Any further feedback is appreciated.

 

 

 

 

[vetquest]

As Broncovet stated "Its further complicated because VA loves to say its some sort of genetic disorder which is related to your parents not your military service."  I suffered a heatstroke in service and the military and VA tried to write this off as pre-existing.  A VA neurologist once tried a whopper and said my mother had a history of headaches so my headaches were familial, I had never told him or anyone else my mother had headaches. 

Your best bet is to get a solid IMO that creates a nexus between your STR's and your current condition.

[doc25]

54 minutes ago, vetquest said:

As Broncovet stated "Its further complicated because VA loves to say its some sort of genetic disorder which is related to your parents not your military service."  I suffered a heatstroke in service and the military and VA tried to write this off as pre-existing.  A VA neurologist once tried a whopper and said my mother had a history of headaches so my headaches were familial, I had never told him or anyone else my mother had headaches. 

Your best bet is to get a solid IMO that creates a nexus between your STR's and your current condition.

I'm working on getting the nexus for my NOD and appeal. I may need two more nexus of opinions just to be on the safe side.lol.

I still expect a denial after this c&p exam I had on 2-18-19.

 

[Buck52]

JMO

The best IMO/IME comes from a specialist in the field of medicine/condition your claiming..usually a specialist will trump a MD Opinion 

Some times getting more IMO'S to submit as your evidence only conflicts or confuse the rater...simply because they don't like to read long drawn out Medical opinions.

I would just get a Specialist and use that.

[doc25]

58 minutes ago, Buck52 said:

JMO

The best IMO/IME comes from a specialist in the field of medicine/condition your claiming..usually a specialist will trump a MD Opinion 

Some times getting more IMO'S to submit as your evidence only conflicts or confuse the rater...simply because they don't like to read long drawn out Medical opinions.

I would just get a Specialist and use that.

Here is the funny part though.

A Navy podiatrist and VA podiatrist made the same diagnosis of bilateral flat feet 10 years apart.

The VA podiatrist was not aware of my in-service diagnosis of bilateral flat feet.

So, he used his expertise to come to that diagnosis.

Therefore how can a PA and Family Practice Dr conclude I had congenital flat feet?

When there's already been to diagnosis made by two podiatrists?

It's laughable but i know i still need a favorable nexus.