Flat Feet-sinusitis- High Blood Presure

[mymissie]

On Jan 6,1992,This Veteran filed multiple claims,which were all Denied. He did not continue his claims.

Today,He asked me to look at his Claim. This is what I found. He joined the Navy at 18,served over 4 years,honorably discharged. On his Seperation exams,showed these items, (1) HBP-with(3) readings on discharge exam. (denied, saying pre-exiting.( He sent,at that time his complete medical file-shows NO sign od HBP present before service!!

(2). Flat Feet. Diened! Said that it was from Birth. ( On his service records,he complains of flat feet) Pain--- No mention of FLAT FEET in entrance exam.Claim Dienied!!!

(3)Sinusis- Many complaints of problems during service,and thousands of $ in medical bill after service,operation on ears caused by Sinusis,Hearind problem( Tinitts)-Ringin in ears---- [[u]u] EVERY THING ELSE WAS DENIED--------- EXCEPT FOR SINUSIS[/u].----!! Never any ruling given!!!!!!!

NOTHING WAS EVER DECIDED-IT WAS LEFT OFF THE - Rating Decision Completely missed this, SO-O-O!!

(A). IS THIS STILL AN OPEN CLAIM ON THE SINUSITIS?????

(What about the other,Flat feet? They did an Exan,an took him to serve his country!!! He did so,an was in the Gulf, on Roosvelt--with all the oil smoke-poison! So What are his Options???

© And his Claim for HBP! I have read his pre-service Medical record. It is Only ONE(1) Page long.One Dr.-- Never treated for HBP. Never. I do not know where they found this to be pre-exiting. Option ???

Please jump in-I NEED ADVICE!

Sorry,but my Brain does not work like it use to,before all I been through!

Here I go AGAIN. Lets see,in 1992 Vet filed for 8 issues,and 6 were DENIED, 1 (0)% But NUMBER 8 was left out of the Rating Decision (Completely). No mention was ever made,nothing was ever said,as if he had never applied for SINUSITITS

yet all the issues were filed at the same time,BUT JUST NEVER RECIEVED - gotten an Answer-Award,or Rating. (NOTHING)

--- So it this still an OPEN CLAIM ???? ---

Th (Vet) had Cluster Strokes-Missed by VA- they did MRI-but he had eaten so they could not do the next one,with contrast. There was never any follow-up on it. Years Ago. That is why he is so insistant on getting Answers now,that he can understand-work with. (hope this helps explain posting)

Edited January 23, 2007 by mymissie

[mymissie]

OK heres this..

In order to establish service connection for a claimed

disability, the facts, as shown by the evidence, must

demonstrate that a particular disease or injury resulting in

a current disability was incurred in or aggravated by active

service. 38 U.S.C.A. §§ 1110, 1131. In addition, certain

chronic diseases, including cardiovascular disease, may be

presumed to have been incurred during service if they first

become manifest to a compensable degree within one year of

separation from active duty. 38 U.S.C.A. §§ 1101, 1112,

1113, 1137; 38 C.F.R. §§ 3.307, 3.309. If a condition noted

during service is not shown to be chronic, then generally a

showing of continuity of symptoms after service is required

for service connection. 38 C.F.R. § 3.303(. Congenital

or developmental defects are not disabilities for which

service connection is generally granted. 38 C.F.R. §

3.303©; Beno v. Derwinski, 3 Vet.App. 439 (1992).

..................... Then this....................

§3.303 Principles relating to service connection.

(a) General. Service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein. This may be accomplished by affirmatively showing inception or aggravation during service or through the application of statutory presumptions. Each disabling condition shown by a veteran’s service records, or for which he seeks a service connection must be considered on the basis of the places, types and circumstances of his service as shown by service records, the official history of each organization in which he served, his medical records and all pertinent medical and lay evidence. Determinations as to service connection will be based on review of the entire evidence of record, with due consideration to the policy of the Department of Veterans Affairs to administer the law under a broad and liberal interpretation consistent with the facts in each individual case.

(:) Chronicity and continuity. With chronic disease shown as such in service (or within the presumptive period under §3.307) so as to permit a finding of service connection, subsequent manifestations of the same chronic disease at any later date, however remote, are service connected, unless clearly attributable to intercurrent causes. This rule does not mean that any manifestation of joint pain, any abnormality of heart action or heart sounds, any urinary findings of casts, or any cough, in service will permit service connection of arthritis, disease of the heart, nephritis, or pulmonary disease, first shown as a clearcut clinical entity, at some later date. For the showing of chronic disease in service there is required a combination of manifestations sufficient to identify the disease entity, and sufficient observation to establish chronicity at the time, as distinguished from merely isolated findings or a diagnosis including the word “Chronic.” When the disease identity is established (leprosy, tuberculosis, multiple sclerosis, etc.), there is no requirement of evidentiary showing of continuity. Continuity of symptomatology is required only where the condition noted during service (or in the presumptive period) is not, in fact, shown to be chronic or where the diagnosis of chronicity may be legitimately questioned. When the fact of chronicity in service is not adequately supported, then a showing of continuity after discharge is required to support the claim.

© Preservice disabilities noted in service. There are medical principles so universally recognized as to constitute fact (clear and unmistakable proof ), and when in accordance with these principles existence of a disability prior to service is established, no additional or confirmatory evidence is necessary. Consequently with notation or discovery during service of such residual conditions (scars; fibrosis of the lungs; atrophies following disease of the central or peripheral nervous system; healed fractures; absent, displaced or resected parts of organs; supernumerary parts; congenital malformations or hemorrhoidal tags or tabs, etc.) with no evidence of the pertinent antecedent active disease or injury during service the conclusion must be that they preexisted service. Similarly, manifestation of lesions or symptoms of chronic disease from date of enlistment, or so close thereto that the disease could not have originated in so short a period will establish preservice existence thereof. Conditions of an infectious nature are to be considered with regard to the circumstances of the infection and if manifested in less than the respective incubation periods after reporting for duty, they will be held to have preexisted service. In the field of mental disorders, personality disorders which are characterized by developmental defects or pathological trends in the personality structure manifested by a lifelong pattern of action or behavior, chronic psychoneurosis of long duration or other psychiatric symptomatology shown to have existed prior to service with the same manifestations during service, which were the basis of the service diagnosis will be accepted as showing preservice origin. Congenital or developmental defects, refractive error of the eye, personality disorders and mental deficiency as such are not diseases or injuries within the meaning of applicable legislation.

(d) Postservice initial diagnosis of disease. Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. Presumptive periods are not intended to limit service connection to diseases so diagnosed when the evidence warrants direct service connection. The presumptive provisions of the statute and Department of Veterans Affairs regulations implementing them are intended as liberalizations applicable when the evidence would not warrant service connection without their aid.

so........ hope it helps...

What about Sinusitis not being rated? Would this Claim be considered an Open CLAIM ????

[jbasser]

For hypertension, it appears to me this veteran had elevated BP readings in service. The Veteran must also show a condition post service. You need to read the denial letter from the VA to see why th e claim was denied. If it states Hypertension preexisted service when in fact it did not, Then I believe this Veteran to have a valid Cue claim. It should be filed asap.

I am still amazed when I read the many methods that are being used to friviously deny claims.

[sixthscents]

What about Sinusitis not being rated? Would this Claim be considered an Open CLAIM ????

Well High Blood Pressure can cause a "ringing" in the ears... its one of the symptoms of it, and of MOST of the medications provided for it...

So, I'd file it a secondary to the HBP if you already have a service connection for that, claiming that the HBP, and associated medication - read the VA info you get with your meds which show the side effects

but... I would make CERTAIN that I went to my primary care physician, told him about the tinnitus, and got a DIAGNOSIS of it, due to the HBP or meds etc.... they probably wouldnt balk at that because it IS a KNOWN side effect...

if you just file saying you have it they'll deny it due to no diagnosis.. see?

diagnosis can be by civilian or VA, wont matter... just make sure you send copies of the meds side effects if they are relevant...

[mymissie]

On Jan 6,1992,This Veteran filed multiple claims,which were all Denied. He did not continue his claims.

Today,He asked me to look at his Claim. This is what I found. He joined the Navy at 18,served over 4 years,honorably discharged. On his Seperation exams,showed these items, (1) HBP-with(3) readings on discharge exam. (denied, saying pre-exiting.( He sent,at that time his complete medical file-shows NO sign od HBP present before service!!

(2). Flat Feet. Diened! Said that it was from Birth. ( On his service records,he complains of flat feet) Pain--- No mention of FLAT FEET in entrance exam.Claim Dienied!!!

(3)Sinusis- Many complaints of problems during service,and thousands of $ in medical bill after service,operation on ears caused by Sinusis,Hearind problem( Tinitts)-Ringin in ears---- [[u]u] EVERY THING ELSE WAS DENIED--------- EXCEPT FOR SINUSIS[/u].----!! Never any ruling given!!!!!!!

NOTHING WAS EVER DECIDED-IT WAS LEFT OFF THE - Rating Decision Completely missed this, SO-O-O!!

(A). IS THIS STILL AN OPEN CLAIM ON THE SINUSITIS?????

(What about the other,Flat feet? They did an Exan,an took him to serve his country!!! He did so,an was in the Gulf, on Roosvelt--with all the oil smoke-poison! So What are his Options???

© And his Claim for HBP! I have read his pre-service Medical record. It is Only ONE(1) Page long.One Dr.-- Never treated for HBP. Never. I do not know where they found this to be pre-exiting. Option ???

Please jump in-I NEED ADVICE!

Sorry,but my Brain does not work like it use to,before all I been through!

Here I go AGAIN. Lets see,in 1992 Vet filed for 8 issues,and 6 were DENIED, 1 (0)% But NUMBER 8 was left out of the Rating Decision (Completely). No mention was ever made,nothing was ever said,as if he had never applied for SINUSITITS

yet all the issues were filed at the same time,BUT JUST NEVER RECIEVED - gotten an Answer-Award,or Rating. (NOTHING)

--- So it this still an OPEN CLAIM ???? ---

Yesterday I had Asked the Question on Sinusitits! CAN SONEONE TELL ME IF YOU THINK THIS THIS IS STILL AN OPEN CLAIM? Thanks for all your help.

[sixthscents]

Well under new case law the VA can "vacate" a claim without informing the vet. That is they can refuse to even consider it. They do not inform you that they have vacated a claim, but simply do not mention it in their decison. It is up to the vet at that point to file a NOD for the vacated claim, under the same 60 day suspense as for a normally denied or otherwise unacceptable decision.

Now does this affect you case... well it depends. If the VA vacated the claim, then unless you submit the further treatment and surgical records as "new and material", it will stay dead. If the VA simply failed to address the claim, because they missed it then that opens up a pretty wide avanue.

Personally I would request the C-File and while awaiting it start getting together all the new evidence that has accumulated since the vet last filed.

If it is still within the 60 day grace period, which I assume is a no since you said "years", but if by any chance the 60 day window is still open fire off a NOD ASAP.

If outside 60 days, get C-file and start gathering evidence....

better?

[mymissie]

Well under new case law the VA can "vacate" a claim without informing the vet. That is they can refuse to even consider it. They do not inform you that they have vacated a claim, but simply do not mention it in their decison. It is up to the vet at that point to file a NOD for the vacated claim, under the same 60 day suspense as for a normally denied or otherwise unacceptable decision.

Now does this affect you case... well it depends. If the VA vacated the claim, then unless you submit the further treatment and surgical records as "new and material", it will stay dead. If the VA simply failed to address the claim, because they missed it then that opens up a pretty wide avanue.

Personally I would request the C-File and while awaiting it start getting together all the new evidence that has accumulated since the vet last filed.

If it is still within the 60 day grace period, which I assume is a no since you said "years", but if by any chance the 60 day window is still open fire off a NOD ASAP.

If outside 60 days, get C-file and start gathering evidence....

better?

sixthscents, This is from 1994,when he got his Decision on claims. thanks