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HadIt.com Anniversary 24 years on Jan 20, 2021
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No mention of xxxxxx Disability in Service Treatment Records


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Ok. here is a question. If you are filing a claim for a disability that was not commonly recognized while you were on Active Duty, and was not in 38 CFR until 4 years after you separated, how do you address that statement in the decision "No mention of ____________ in Service treatment Records" Is there a standard statement people use to address this? Is there case law that addresses this? Thanks in advance. 

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Did you have the symptoms of said issue?  Are they in your service record. The reason I am asking is I have a disease not commonly know (have found 4 cases in bva appeals).  Any way if you have t

Need more detail info to answer question.  What is the disability you are filing for????  I can try some of my resources and research methods for your answer.

If you were treated for and/or prescribed sleep medicine such as valium or secondal or others while in service then this can serve as evidence of osa sleep problems incurred on active duty in service.

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Did you have the symptoms of said issue?  Are they in your service record. The reason I am asking is I have a disease not commonly know (have found 4 cases in bva appeals). 

Any way if you have the results of the symptoms you can fight to show what it was. Or if they got the name of it wrong. 

Btw my condition is still not in the rating system but they have something close to it. 

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Need more detail info to answer question.  What is the disability you are filing for????  I can try some of my resources and research methods for your answer.

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Yes.  Alex contacted "hep C" in service.  Only there was no such thing as Hep C, back in the 1970's.  

Ditto for sleep apnea..there was no such thing in the 1970's.  

However, lets go back to basic's.  You do "not" have to have an "in service" diagnosis. to get benefits.  Here is what you do have to have:

1.  CURRENT diagnosis.  You may or may not have a diagnosis in service.  It could have easily manifested itself much later, after service.  

2.  In service "Event" or aggravation. 

3.  Nexus, or doc opinion linking these 2.  

     What you need is "documentation" of an in service event that led to your disability.  (Yes, this can be medical documentation, but it can also be documented with lay evidence, that is, buddy letters).   For example, lets say you were a paratrooper.  You made 30 jumps.  You didnt get a knee issue diagnosis "in service" but later, 

your knees swell up and you wind up having to replace both knees.  Your jumps out of airplanes is an "in service event".  Later your doc diagnosed you with bone on bone degenerative knee arthritis, which he stated "was at least as likely as not" due to your jumps while in military service.  Bingo, you have all 3.  Notice, no diagnosis in service, its not needed.  

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Great, yea it is a sleep apnea  OSA claim because I separated in 1993 and it did not get added to the list until 1996. Thanks for the info.

 

 

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