Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

No mention of xxxxxx Disability in Service Treatment Records

ROMAD

Asked by ROMAD,

 Share
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

Question

ROMAD Enthusiast

ROMAD 4

Posted
Posted

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. 

  • Like 1
Link to comment
Share on other sites
  • Answers 8
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

Popular Posts

shrekthetank1
shrekthetank1

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

Dustoff 11
Dustoff 11

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.

Dustoff 11
Dustoff 11

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.

8 answers to this question

Recommended Posts

  • 0
  • Moderator
shrekthetank1 Mentor

shrekthetank1 720

Posted
  • Moderator
Posted

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. 

  • Like 4
Link to comment
Share on other sites
  • 0
Dustoff 11 Proficient

Dustoff 11 266

Posted
Posted

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.

  • Like 3
Link to comment
Share on other sites
  • 0
  • Moderator
broncovet Grand Master

broncovet 4,246

Posted
  • Moderator
Posted

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.  

Link to comment
Share on other sites
  • 0
ROMAD Enthusiast

ROMAD 4

Posted
  • Author
Posted

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.

 

 

Link to comment
Share on other sites
  • 0
Dustoff 11 Proficient

Dustoff 11 266

Posted
Posted

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.  Unlike VARO the BVA routinely recognizes treatment of symptoms without an actual diagnosis in service as valid evidence along with other information from you and your VA and or private medical records, etc. etc.

Page 108 to 109 in section 3.4.3.3 NVLSP manual (2006 edition) states the above info I just said as valid medical evidence of in service event.  NVLSP or National Veterans Legal Services Program is a very reputable advocacy recognized organization that played a major role in obtaining Agent Orange benefits for Vietnam vets.

Above info from me is not legal advice but based on my 30 years of personal experience and filing my own claims and appeals.

  • Like 2
Link to comment
Share on other sites
  • 0
  • Moderator
broncovet Grand Master

broncovet 4,246

Posted
  • Moderator
Posted

Great advice from Dustoff!!!  The NVLSP Veterans Benefit Manual is EXCEPTIONALLY accurate information.  Lawyers use it, often.  Advice from the VBM is always "supported" by either regulations, case law, Fast Letters, OGC opinions etc.  If the VBM says it, you can pretty much use that "in court"..its that good.  

My VBM is year 2014, I really need to get a new one but they are about $200 per year.  (Something close to that).  Each year they are updated, and the newest one (2019, when it comes out) will likely also include Ramp/Ama stuff.  

Link to comment
Share on other sites
  • 0
  • Content Curator/HadIt.com Elder
Vync Grand Master

Vync 2,286

Posted
  • Content Curator/HadIt.com Elder
Posted

Additional symptoms could include tiredness, exhaustion, daytime sleepiness. It might take some work to go through your service treatment records, but it could very well be worth it. If your records are like mine, you might have to have someone help decipher the nurse's or doctor's chicken scratch handwriting and medical terminology symbols. When you contest the denial, just indicate that you reported having SA-related symptoms X, Y, and Z on dates 1, 2, and 3, etc...

Link to comment
Share on other sites
  • 0
  • Moderator
Buck52 Grand Master

Buck52 3,235

Posted
  • Moderator
Posted

I have Degenerative Joint Disease  in both  knees  I ask a VA Dr if me falling off a DEUCE &HALF Bumper on to my knees would cause me to have this later on  or years later   she said yes its a high possibility, I ask this VA Dr if she would help me with a claim for it  she said no  she could not...

I believe today me falling off that truck bumper in Vietnam and bruisen both my knees barley could walk but I did and my knees were swollen up for weeks is why I have the Joint diseases  today ,  but since I never went to see a Dr about it when it first happen  I am screwed as for as filing a claim for it  no documentions or Dr Notes  No Service connection.   they had just change my MOS to recovery specialist and I loved that job and was afraid they would take me off this job because I hurt myself so I tough it out...oh well at least I am ok with what they did rate me for.

Link to comment
Share on other sites
 Share
Go to question listing


  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines

  I accept