No mention of xxxxxx Disability in Service Treatment Records

[ROMAD]

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. 

[ShrekTheTank]

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. 

[Dustoff1970]

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.

[broncovet]

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.  

[ROMAD]

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.

 

 

[Dustoff1970]

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.

[broncovet]

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.