Appeal Question

[ozzyman81]

Hello All,

I am having extreme difficulty with my MS claim. I should first mention that I was in the reserves so my periods of active duty were for training. However, I can trace my initial symptoms all the way back to basic training. I recently filed a supplemental claim with an opinion from one of the best centers for MS in the county. The Dr. examined all of my records and medical history and said, yes, it is "more likely than not" that it started with my first clinical relapse in basic. Here's the problem. They closed the claim and said that was not new evidence! I am at a loss at what to do. This was my 5th supplemental and I've had 1 HLR already. I've given medical reports, lay statements, medical opinions. They have not so much as given me a single c&p exam. They just keep hitting me with the "Service treatment records do not document complaints of.." yadda yadda. Here is the last denial letter. It seems offensive that they continue to state no evidence. Opinions please.

<<<Start Letter>>>

A claimant may file a supplemental claim by submitting or identifying new and relevant evidence.

Relevant evidence means evidence that tends to prove or disprove a matter at issue in a claim, (38 CFR 3.2501) The evidence from Dr. XXXXX and the Mellon Center for MS submitted in connection with the current claim does not constitute relevant evidence because it does not prove or disprove a matter at issue within your claim. 

There remains no evidence of this condition during active duty for training. Service treatment records do not document complaints of or treatment for any symptoms consistent with early manifestations of multiple sclerosis. Service connection cannot be established on a presumptive basis as there remains no evidence that the condition manifested to a compensable degree within seven years of a qualifying period of active duty. While records show a current diagnosis, there remains no evidence relating this condition to a period of active duty service. (38 CFR 3.1, 38 CFR 3,6i 38 CFR 3,7, 38 CFR 3.303, 38 CPR 3.304, 38 CFR 3.307, 38 CFR 3.309, 38 CFR 4.6) 

Favorable Findings identified in this decision; 
You have been diagnosed with a disability. Private treatment records from XXXXX dated XXXXX, diagnosing multiple sclerosis, 

The claimed disability is a chronic disease which may be preemptively linked to a qualifying period of military service. Multiple sclerosis is a chronic disability under 38 CFR 3.309(a), 

Your claimed issue became manifest to a degree of 10 percent or more following service. 

<<<End Letter>>>

Thanks,

Brian

 

 

[ozzyman81]

Again, I appreciate all of the replies. It is very difficult to find records. It seems my unit did a poor job of putting in any outside records into my file, or noting them. I do have one entry on a SF600 that I mentioned. I found it. Please take a look at the wording. The VA is giving it no weight because *I* told them. I later provided information from my treating physician, but it is not in my records. My docs agree that since I have a very hefty record of anxiety/depression from this entry to now that it is "more than likely" related. This is from the very beginning before we knew exactly what I had or what was going on.