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Question On Old Claim


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9 replies to this topic

#1 tagandbag

 
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Posted 07 October 2008 - 10:56 AM

I have a question. I filed a claim in 1971 for typhus and secondary conditions. It was denied and I never replied with a NOD or anything. I had actually forgot about it until I filed for PTSD in 2007 and included a claim for typhus with it. Of course they denied it again as unproven. I have those medical records and it does say unproven, but suspected, along with treatment and symptoms of a tropical disease. The medical records show without a doubt that I had some type of disease. So, I am thinking It should be service connected for a tropical disease, even if I dont get a %. So, if that is possible to get it sc'ed, would it go back to 1971 or would it be considered a new claim. I hope you can follow what I am saying and I guess it is hypothetical. I relayed this information to my atty. that recently took my case. He did respond with a NOD, that relates to this and sent it to the VA.


T&B

#2 Berta

 
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Posted 07 October 2008 - 01:30 PM

Do you have documented residuals that can only be attributed to the Typhus?

Even if your SMRs show typhus or some tropical disease-the VA can only rate any residual disability you still have.

#3 Berta

 
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Posted 07 October 2008 - 01:33 PM

PS there are many forms of typhus -what kind did you have?

#4 tagandbag

 
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Posted 07 October 2008 - 02:23 PM

Berta, from the symptoms it was more than likely scrub typhus. As far as residuals, that is real grey area. I believe that it did some damage to my eyes, either from massive ammounts of antibiotics or the high fever of 103 to 105. extreme headache and backache, febrile and delirious for two days. I believe it caused vasculitis from the headache symptoms and phototobia from the antibiotics. The reason are I did not have floaters before the typhus, thats why I filed in 1971. Then I wound up with a retinal detachment about 5yrs ago, floaters are pre retinal dertachment. Also the VA knows I have phototobia, because they presribe the gradient lens free of charge. I am just want to get it sced some how. In case of liver ,spleen,kidneys, lungs which typhus can effect, but posibly not show up for years.

T&B

#5 Berta

 
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Posted 08 October 2008 - 07:31 AM

Your attorney would know if there is any basis for a CUE claim here-hat could generate award back to 1971-

BUT I am sure the VA would find no ratable residuals again- CUE is only good as long as the VA actually owed you money at time of past final decision.

If you can afford an IMO -this in my opinion would be the only way to find out if you do have residuals that are ratable and directly due to the typhus-with no other possible etiology.

Nothing is impossible - but everything can become difficult-

I assume the VA has ruled out diabetes as reason for your retinal problems and floaters?

#6 tagandbag

 
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Posted 08 October 2008 - 07:35 AM

Thanks Berta, I know the whole thing is a stretch. As far as diabetes, I do not have it. The Va does a blood work up every 3 mos.

#7 Berta

 
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Posted 08 October 2008 - 08:25 AM

Maybe not a stretch--
I just got 1470 hits for scrub typhus and retinal damage-

of course each hit would have to be read-but I could determine after brief search that there is an association there-
I cant tell if the retinal damage shows up right away or could show up years later-
there are 38 claims at the BVA on this condition-most on remand -

question- could this have been dengue fever or even malaria?

This vet got 100% temp for scrub typhus residuals but she lost the appeal to extend that rating-:
http://www.va.gov/ve...es4/9518560.txt

#8 tagandbag

 
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Posted 08 October 2008 - 09:10 AM

Berta, I don't think it was malaria, I believe malaria will stay in your blood forever and you have relapses from it. Dengue fever possible, but the symptoms were more than likely scrub typhus. Also I believe dengue fever is not as common in southeast asia. The medical records strongly suggest typhus, but the test back then were not very reliable and expensive to do. Rather than go through that it was easier for them to suspect rather than prove it was typhus. There are many tropical diseases from that area, so they sort of left the door wide open on that aspect of it. They can deny it was typhus but they can not deny that I had a tropical disease of some sort. So, I am compiling a list of all tropical diseases mostly associated with that area of southeast asia, along with the symptoms and short term and long term effects. It really is narrowed down to typhus, especially scrub. So, if my atty thinks he can get something out of this. At least I can do some legwork and get him as much info as I can. Maybe I should make a multiple choice test for VARO and see if they can pick out the right answer on which tropical disease I had. Berta, If you find any more info, I ccertainly will appreciate it. I need help to put the pieces together on this. Thanks for you time.

T&B

#9 Berta

 
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Posted 08 October 2008 - 12:54 PM

Yes -you can certainly rule out dengue fever based on your symptoms.

I have seen quite a few Vietnam vet dengue fever claims at the BVA

"A global pandemic began in Southeast Asia in the 1950s and by 1975 DHF had become a leading cause of death among many children in many countries in that region. Epidemic dengue has become more common since the 1980s. By the late 1990s, dengue was the most important mosquito-borne disease affecting humans after malaria, there being around 40 million cases of dengue fever and several hundred thousand cases of dengue hemorrhagic fever each year" Wikipedia

If you have any disability at all that can be associated the the tropical disease or infection you had- it is worth the time and trouble to access all the info you can.

I worked with a Marine who had got malaria at Camp Lejeune.
He still claimed residual problems from the malaria many years after service.

#10 Berta

 
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Posted 08 October 2008 - 01:02 PM

lost connection and couldnt put this-

Tropical disease-by presumption- any tropical disease manifested at 10% within one year after discharge qualifies for a presumption of service connected.

Did you have any symptoms documented at all or any treatment within the one year after service?

What is odd though is these are the only tropical disease the presumption applies to-
amebiasis, blackwater fever,cholera,dracontiasis,sdysentry,filiasis. leishmaniasis (this is catchy and I know a lawyer sueing VA for family catchy it from vet)
lkala-azar,loiasis,malaria,onchocerciasis, oroya fever,pinta, plaque,schistomiasis, yaws, and yellow fever.

Of course other tropical diseases can be service connected by direct SC evidence.

38 USC 1101 , 38 CFR 3.309 (bv) 2008