Denied Rhinitis, Sinusitis although was deployed 3 times to the areas of exposure (Southwest Asia). Was denied GERD secondary toy PTSD/Anxiety/Bipolar 1. Got denied erectile dysfunction secondary to meds and PTSD/Anxiety/Bipolar 1

[mwillis71]

10 minutes ago, asdf said:

The letter states that there is evidence that your rhinitis and sinusitis existed prior to service.  They cannot be presumptive for service in the middle east if you already had them.

Ya, those jokers stretched for that. So I had hey fever as a child. That doesn't explain the over abundance of occurrences post deployment and more severe symptoms. Beyond that they said I didn't go to the dr. often for this after separation. Well, that was kind of hard without insurance, being in college and raising a family. Complete garbage on their part. 

[Mr cue]

Well I didnt read everything but It sound like they are saying that u had a condition before service.

I when through this before about my my elbow I broke it when I was 11 year old I check it on enter exam.

I injury it later in my fall in service. An they denied because of the old injury.

I used this cfr it was later grant at the bva.

Cornell Law 

§ 3.304 Direct service connection; wartime and peacetime.

(a) General. The basic considerations relating to service connection are stated in § 3.303. The criteria in this section apply only to disabilities which may have resulted from service in a period of war or service rendered on or after January 1, 1947.

(b) Presumption of soundness. The veteran will be considered to have been in sound condition when examined, accepted and enrolled for service, except as to defects, infirmities, or disorders noted at entrance into service, or where clear and unmistakable (obvious or manifest) evidence demonstrates that an injury or disease existed prior thereto and was not aggravated by such service. Only such conditions as are recorded in examination reports are to be considered as noted.

 

 

[Dustoff1970]

Even though you may meet the criterial and qualifications for a VA service connection disability you may not be able to receive an important formal doctors nexus opinion or DBQ stating your disability is due to your service or another service connected condition because some doctors and their staffs are lazy, indifferent or hostile to vets receiving VA money.

Here is what has worked for me since 1987 to present day.  I have submitted copies of VA, Army, private medical records and other evidence with my numerous claims and appeals with almost 100 percent success and won those claims/appeals without a doctors nexus statement with only one recent exception where the paid for opinion was also successful.  I have been 100% P&T since 98 and now also with SMC-S.  

IF you contact me I can send you a detailed list of the medical and other evidence that has won my claims and appeals.  What has worked for me is no guarantee it will work for you.

It is a disservice IMHO for anyone to discourage a vet from filing a disability claim just because they cannot get some chicken*** doctor to fill out a DBQ or sign a nexus statement as the vet may still have the other medical and non medical evidence in their files or possession to win. 

I encourage vets to seek opinions of others and do their own research as I have done.

Some vets like to brag about their receiving a VA or private doctors nexus opinion free of charge or it was paid for by their insurance or others and I congratulate them on their good fortune.  I have learned and worked the hard way for my benefits and proud of it.

I learned many years ago to in my case to correctly assume the VARO will deny my claim with a BS statement like "NO EVIDENCE" and then I have to appeal to the BVA or higher U.S. CAVC court which I have done on my own successfully.  This has created jealously on part of some other vets.  Too Bad they can still get happy.

My comment is not legal advice as I am not a lawyer, paralegal or VSO representative.

[Richard1954]

The VA is stating that you had two conditions prior to service, how do they know this? 

The va said you have not been treated for these coditions since you were discharged, but while this may be true they cannot use this against you if you already have a diagnoses, just like they cannot deny service connection for an issue becaue you do not take the prescribed medications. 

AS to ED secondary to PTSD, I don't know enough about this issue to really guide you except to say get on the internet and read and print every article ( well 3 or 4 articles) that indicate this is possible. 

as for Gerd, many things cause gerd, secondary issues cans cause it as well as medications prescribed for service connected conditions and non service connected conditioins, do you research find some information that can confirm what you claim to be true, the  VA is required to review that kind of evidence too.

 

I was just granted service connection for ED secondary to diabetes II, I did not even have a diagnosis, and had only after the claim asked for meds for ED that I have not used. I was actually surprised that it was awarded with no diagnosis. Apparently the VA did an ACE c/p ( a procedure that does not require anything other than a review of medical records, and maybe a phone call to the Veteran) I received a phone call was asked 3 or 4 questions and 2 weeks alter received the award. I was not informed that the caller was doing an ACE C/P exam.  I detest these types of C/P exams. So while I don't know anything about ed secondary to PTSD I can't actually address that issue, but it was so easy for me to get service connection with no diagnosis, that I wonder why they denied your claim, expecially since there is no way they can prove if you have it or not.

Edited May 30, 2022 by Richard1954
spelling as usual

[SergeantQ]

On 3/20/2022 at 8:34 AM, mwillis71 said:

So as the title says, I've been denied SC for 2 presumptive illnesses that I have medical documentation of and was deployed to the presumptive areas 3 damn times! I was denied ED secondary to PTSD/Anxiety/Bipolar 1 and corresponding meds (when they fricking prescribe me the VIAGRA and diagnosed me)! Finally, denied GERD as a secondary to PTSD/Anxiety/Bipolar 1, corresponding meds and sleep apnea when they diagnosed me as well!  I mean what in the actual F@ck are these fools thinking?! I just got out of 5 days in the hospital for relapsing after 3 years of sobriety, father in law (Gunny Marine Corps) died the day I got out and now this shit!?

1. I will be putting in a supplemental for all 4 denials.

2. I have more medical evidence I can add that I have found since I applied.

3. I can actually tie my GERD back to my military medical records and they related it to sleep apnea! Should I file GERD as a service connected in its own right since they denied the obvious secondary nature of it?!

4. I have been accepted by a law firm to represent me in another case which regards dates and conflicting information on their part for denying and then approving ptsd/anxiety in the past. It's a few 100,000 dollar case if we win. Do you think I should ask them if they'd role all of these cases in as well or do you think they would only be interested in the other? 

 

I'm sooooooo pissssseeddd.

Dang! Not much to say here but keep going. Don’t quit! Read the denial letter thoroughly - it’s the blueprint toward a grant. 
 

Hang in there solider - Salute! 

[MilvetHD]

On 3/28/2022 at 9:56 AM, asdf said:

The letter states that there is evidence that your rhinitis and sinusitis existed prior to service.  They cannot be presumptive for service in the middle east if you already had them.

My thoughts exactly and they specifically stated there is no evidence of record that the conditions have gotten worse. I'd focus on the others, and not put energy into these two simply because the medical evidence doesn't appear to support the desired outcome.