Ask Your VA Claims Question | Current Forum Posts | Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users
- 0
Complex question
Rate this question
Ask Your VA Claims Question | Current Forum Posts | Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users
Rate this question
Question
Fat
Back in late 2010 I filed a claimed for chronic tonsillitis, I previously in early 2010 had surgery for my tonsils.
The issue for tonsils was listed in my military medical records and subsequent problems since 2003 forced me to have surgery in 2010.
The claim was denied based on "by not having tonsils, I couldn't have tonsillitis".
Crap..............
I began to consider the triumvarte (three levels) of evidence needed.
a. Inservice evidence (check)
b. current diagnosis (check)
c. continuous medical treatment or nexus letter (check)
An ENT diagnosed me with tonsillitis and that is what facilitated me to have surgery.
At the least should I have received a temporary 100 rating for recovery time from the surgery?
The VA rational is once I had surgery that eliminated the tonsillitis.
However I conclude, the tonsillitis was present since service and was medically dealt with through surgical means.
I either should be service connected for tonsillitis and the residuals that made me have to have surgery or I should receive temporary 100% percent status based on recovery from the surgery.
I am seriously thinking about getting the denial reopened and arguing the merits of service connection or 100% temporary status.
All answers and opinions are welcomed.
Link to comment
Share on other sites
Top Posters For This Question
4
3
2
2
Popular Days
Dec 11
5
Dec 12
5
Dec 10
3
Dec 13
1
Top Posters For This Question
Fat 4 posts
GBArmy 3 posts
broncovet 2 posts
Buck52 2 posts
Popular Days
Dec 11 2019
5 posts
Dec 12 2019
5 posts
Dec 10 2019
3 posts
Dec 13 2019
1 post
Popular Posts
GBArmy
Bronc has it pretty much nailed. Can't get the temp 100% unless it's s-c. I was looking up the diagnostic code for tonsillitis to see what the ratings would be based on your symptoms. Confusing to eve
Vync
Their decision sounds related to bad timing (filing after surgery). Do any of your post-surgical residuals found in the analogous rating criteria? If your residuals match the criteria, you
GBArmy
There is a good summary of what is involved with loss of use here; https://www.military.com/benefits/veteran-benefits/special-monthly-compensation-smc-explained.html After looking up some info, I kind
13 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now