Getting Keratoconus Service Connected

[charlesonep]

Hello I need to get service connected. I was active from 94-98 and the only thing in my medical records that I see that might possibly work is an eye infection on the eye examination form on duty. I can't even remember how serious it was because I don't see any follow up paperwork in my files. There's another time when I wrote in the notes that I sometimes had to squint and that my left eye was weaker and get lazy sometimes. Other than that I don't see anything. I wore glasses entering AD up until 2003 when I was diagnosed by a private doctor for having keratoconus. At that time I was in the reserves. My reserve years were from 98-2018 and i had one episode where i developed a stye while on a road march. An LOD was started but never finished. I have been fighting it since I first turned a claim around late 2013. I did a few reconsiderations and then I believe it was 2017 when I reopened and have done a reconsideration and then most recent a supplemental review that was denied August 19th. 

I need to figure out how to tie it in to an even in service. I had a corneal transplant in 2015 also and the surgeon wrote me a Nexus letter of opinion trying to tie it in to that road march in which I developed a stye and went to the TMC. I have her now doing another DBQ and I'm going to send it back up supplemental again. I really was hoping to find something else in my records eye related that might can help. Any help would be appreciated.

[GeekySquid]

7 hours ago, charlesonep said:

Hello I need to get service connected

on what basis do you think your military service caused this problem?

Having never heard of Keratoconus, I looked it up and the only thing I see that might be "caused" by service is excessive exposure to ultraviolet rays unless you can link an enzyme imbalance to your service.

To get rated you need what is called a Caluza Triangle

https://hadit.com/caluza-triangle-defines-necessary-service-connection/

In short the Caluza elements are a current diagnosis, an in-service event or aggravation and a Nexus linking your condition to your military service.

Since I don't know much about your condition maybe you can share how you think the military caused it?

[Buck52]

What was the reason they denied you? we need that information.

Also to reopen your case you need new and ''relvevant'' evidence which use to be  ''material''  

Here is a example fro ckk law firm

Your claim will not be reopened until VA has determined that the evidence you have submitted is indeed new and material.

To be considered new, the evidence must currently exist and be submitted to VA for the first time. To be considered material, the evidence must be relevant to the reason(s) your claim was denied previously. Material evidence must relate to an unestablished fact – a fact that VA did not have enough evidence to verify at the time of their prior decision – that is necessary to substantiate your claim. You can find the specific reasons VA denied your claim on the notification letter that came with your rating decision.

Here’s an example that might help: Say you filed your original claim for the residuals of a knee injury, but you were denied because none of your service records showed medical treatment for a knee injury. In other words, VA found that your disability was not service connected. Years later, after the deadline for appeal has passed, you try to reopen your claim by submitting a statement from your private physician that confirms your diagnosis after all this time. VA would not reopen your claim.

Why not? The evidence you submitted is “new”- i.e. not previously submitted – but not “material.” Your claim was denied previously because you couldn’t show an in-service injury, not because you couldn’t show a current diagnosis. On the other hand, VA would likely reopen your claim if you submitted, for example, a statement from another veteran who served with you and remembers your knee injury or an old photo of you on base with a bandaged knee and crutches.

 

[Buck52]

You need to request your C-file if you have not did that yet?

also request all your military records in service records as well as all medical records/military and private...also if you used the VAMC for any of your medical  you need these records as well....

Our records is what determines our claims outcome. the evidence in them is our proof.

Now some times we may need a private independent medical opinion to opine on our conditions   this will involve the private Dr to read up on your military medical records and examine you And give his expert medical opinion.  using the Phrase that caused your medical condition it is likely as not  the cause of your condition  and the Dr will need to detail this out in (explanation )As to how the Dr came up with his medical opinion.

This Dr needs to be a specialist or certified in the condition or conditions your claiming.

[charlesonep]

On 8/29/2019 at 1:59 AM, GeekySquid said:

on what basis do you think your military service caused this problem?

Having never heard of Keratoconus, I looked it up and the only thing I see that might be "caused" by service is excessive exposure to ultraviolet rays unless you can link an enzyme imbalance to your service.

To get rated you need what is called a Caluza Triangle

https://hadit.com/caluza-triangle-defines-necessary-service-connection/

In short the Caluza elements are a current diagnosis, an in-service event or aggravation and a Nexus linking your condition to your military service.

Since I don't know much about your condition maybe you can share how you think the military caused it?

 I'm confident that it was at the least aggravated by military service if not caused by it. You know how many years of standing in formation and through change of command ceremonies to which you could not wear sunglasses in formation? Along with when I did start wearing the rigid contacts that was medically necessary to see clearly, I was in dusty conditions often and that just does not mix with wearing contacts. Eye protection outside of formation still would allow for dirt, dust to get in the nooks and crannies between the sides top bottom of the shades.

[charlesonep]

On 8/29/2019 at 4:15 AM, Buck52 said:

What was the reason they denied you? we need that information.

Also to reopen your case you need new and ''relvevant'' evidence which use to be  ''material''  

Here is a example fro ckk law firm

Your claim will not be reopened until VA has determined that the evidence you have submitted is indeed new and material.

To be considered new, the evidence must currently exist and be submitted to VA for the first time. To be considered material, the evidence must be relevant to the reason(s) your claim was denied previously. Material evidence must relate to an unestablished fact – a fact that VA did not have enough evidence to verify at the time of their prior decision – that is necessary to substantiate your claim. You can find the specific reasons VA denied your claim on the notification letter that came with your rating decision.

Here’s an example that might help: Say you filed your original claim for the residuals of a knee injury, but you were denied because none of your service records showed medical treatment for a knee injury. In other words, VA found that your disability was not service connected. Years later, after the deadline for appeal has passed, you try to reopen your claim by submitting a statement from your private physician that confirms your diagnosis after all this time. VA would not reopen your claim.

Why not? The evidence you submitted is “new”- i.e. not previously submitted – but not “material.” Your claim was denied previously because you couldn’t show an in-service injury, not because you couldn’t show a current diagnosis. On the other hand, VA would likely reopen your claim if you submitted, for example, a statement from another veteran who served with you and remembers your knee injury or an old photo of you on base with a bandaged knee and crutches.

 

yes they denied it because they said there was no link or event that showed that something caused or contributed to it. Well I am working on sending it back supplemental because they overlooked some documents that i sent. I am also getting my surgeon to do another dbq and another nexus in support for especially the UV ray sunlight. 

 I'm confident that it was at the least aggravated by military service if not caused by it. You know how many years of standing in formation and through change of command ceremonies to which you could not wear sunglasses in formation? Along with when I did start wearing the rigid contacts that was medically necessary to see clearly, I was in dusty conditions often and that just does not mix with wearing contacts. Eye protection outside of formation still would allow for dirt, dust to get in the nooks and crannies between the sides top bottom of the shades

[charlesonep]

On 8/29/2019 at 4:32 AM, Buck52 said:

You need to request your C-file if you have not did that yet?

also request all your military records in service records as well as all medical records/military and private...also if you used the VAMC for any of your medical  you need these records as well....

Our records is what determines our claims outcome. the evidence in them is our proof.

Now some times we may need a private independent medical opinion to opine on our conditions   this will involve the private Dr to read up on your military medical records and examine you And give his expert medical opinion.  using the Phrase that caused your medical condition it is likely as not  the cause of your condition  and the Dr will need to detail this out in (explanation )As to how the Dr came up with his medical opinion.

This Dr needs to be a specialist or certified in the condition or conditions your claiming.

I have my folder of medical records from before everything went electronic. Since then I've been getting notes from the clinics upon visits and have a lot of those as well. Now as to the C file though I'm thinking I have all of those records I'll just request it anyway just to see. What's the easiest way to obtain that?

For all 3 conditions most recent that I got denied for i did have a Nexus letter done but I really feel some things I sent forward for the supplemental review was overlooked so I will send up again supplemental. One of them I sent up higher level because there was no mention of the Nexus my shoulder surgeon doc wrote. I explained all of that in a letter to them that I uploaded with the 20-0996