Complex 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.

[Carl the Engineer]

https://www.va.gov/vetapp99/files3/9924892.txt

This Veteran got his rated, so there is hope,

Hamslice

 

[Fat]

So please explain loss of use.

I had an inservice incident of tonsillitis treated by antibiotics.

I subsequently had another bout of tonsillitis which necessitated the doctor recommending removal.

The decision letter specifically stated , claim denied because you don't have tonsils".

It never opinioned the tonsillitis and the residuals before the surgery.

[Vync]

18 hours ago, Hamslice said:

https://www.va.gov/vetapp99/files3/9924892.txt

This Veteran got his rated, so there is hope,

Hamslice

But the veteran in the BVA ruling still had his tonsils.

They granted tonsillitis under diagnostic code 6516 which is analogous to chronic laryngitis.

[broncovet]

"Loss of use" in the regulations does not apply with "tonsils".    "Loss of use" applies to things like, hands, feet, eyes, ears, even reproductive organ(s), but there is no "loss of use of tonsils" in the rating schedule to the best of my knowledge.  

This may well be because Im not particularly sure of the function of tonsils, but just because I dont understand them doesnt mean much.  Im not that sure what an appendix does either, but I know appendicitis can be very very serious or even life threatening.  

You are asking for an "interpretation" of loss of use (of tonsils) and we are not really qualified to make an interpretation of what and why "loss of use of tonsils"  means.  Should you so desire to be the first to press this issue, you could appeal.   To give your appeal credibility, I would suggest you have a doctor opine that "loss of use of your tonsils" means you are more susceptable to colds and infections, could cause sleep apnea, etc., etc, etc what ever he thinks YOUR "loss of use of tonsils" causes, and I dont know.  But you do need SYMPTOMS.  What are your loss of use of tonsils symptoms?  I dont know.  I got a pretty good idea what happens when you have loss of use of eyes, ears, feet, hands, or even reproductive organ(s), but I have no idea what are the symptoms of loss of use of tonsils.  A doctor would need to document your symptoms for loss of use of tonsils.

[Vync]

31 minutes ago, Fat said:

So please explain loss of use.

I had an inservice incident of tonsillitis treated by antibiotics.

I subsequently had another bout of tonsillitis which necessitated the doctor recommending removal.

The decision letter specifically stated , claim denied because you don't have tonsils".

It never opinioned the tonsillitis and the residuals before the surgery.

Their decision sounds related to bad timing (filing after surgery).

Do any of your post-surgical residuals found in the analogous rating criteria?

Quote

6516   Laryngitis, chronic:
Hoarseness, with thickening or nodules of cords, polyps, submucous infiltration, or pre-malignant changes on biopsy	30
Hoarseness, with inflammation of cords or mucous membrane	10

If your residuals match the criteria, you could appeal/NOD the denial based on that and possibly get a rating.

 

[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 kinda doubt loss of use is going to apply to your situation. It doesn't seem to fit the general intent.