Chronic Sinunitis

[spike]

I have not been able in 5 years been able to find out how to SC sinunitis....I have been shown many things that I was treated for it several times in the Marines. I have shown I was in a warehouse exposed to a lot of things. I even indicated to the VA that I was exposed to petro exposure for 4 years. Yet they say they cant prove SC for this. I know I only suffered from this since i was in the USMC and I dont know how to prove it. Please help.

[spike]

ive got chronic sinunitis. notes indicate a deviated septum and a unknown reason for the sinunitis. they guess that its allergies. however, they can not prove it. I have had the discharges, I have had eye drainage (when I cant breathe and clogged up). I also take claritin every day. I have back ups of seveal nasal sprays. They also say that sinunitis and sleep apnea go hand in hand...If you have sinunitis there is a correlation between the two. I am not a doctor I am only telling you what I am telling you.

[Ricky]

Spike Hoppy has given you some good advice.

Just notes from reading your post:

chronic = has existed more that 6 months

My opinion is: Always remember - the most probale reason that most of the appealed claims get approved by the BVA is - the BVA adjuicater is a senior lawyer. He is supported by a staff of lawyers. They see things both legally and medically different than the GS9, non medical or legal trained, rater or the non medical or legal trained DRO/senior rater. When they look at a claim if it meets the legal requirements and the medical evidence from experts is there you are gonna get an approval. Most of the time the rater nor DRO understand the law are medical portion of the claims and their decisions are based upon their interpertations. Once it gets to the BVA you betcha you gonna get a fair shake if your claim has merrit cause they understand that if the claim is in accordance with the law and leaves no legal room for an argument then its gotta go into the approved stack. JMHO

As a side note there are some smart and snappy raters and DRO's out there so not all is lost at the RO level :D

Edited April 15, 2007 by Ricky

[Hoppy]

Spike,

You did say you wanted to put the sinusitis on the back burner until your IU is determined. However, it is not a bad idea to work on both just in case there is a problem with the IU. I have more to say about your situation. However, before I get going it is still important for me to know if a sinusitis claim was filed and if it was denied. If so, what year was it denied.

[spike]

yes my entrance physical showed i had no problems, now the sinus condition really reduces the sense of smell, headaches, etc. I show being treated in the service many times, but no indication of how it came about. I might be able to get a few buddies statements.

[spike]

ive applied twice and been denied twice...it was before I knew about cues or appeals. It was before I became knowledgable in the realms of VA

[Hoppy]

Spike,

Were both of these denials prior to 2000? Also, did they deny the claims without a C&P exam? Did you get a VCAA letter? I am trying to develop an argument to reopen this claim using the same logic that was used by the congress to make some of the changes for the VCAA.

The logic behind the VCAA was very powerful and the VA was required to re-adjudicate claims for service conection denied between approx. 1995 and 2000. Re-adjudication was not automatic and had to be requested by the veteran or the POA.