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VA Claims: Disabled Veterans Community|Hadit.com

Complex question

VA Disability

Back in late 2010 I filed a claimed for chronic tonsillitis, I previously in early 2010 had surgery for my tonsils.

The issue for tonsils was listed in my military medical records and subsequent problems since 2003 forced me to have surgery in 2010.

The claim was denied based on “by not having tonsils, I couldn’t have tonsillitis”.

Crap…………..

I began to consider the triumvarte (three levels) of evidence needed.

a. Inservice evidence (check)

b. current diagnosis (check)

c. continuous medical treatment or nexus letter (check)

An ENT diagnosed me with tonsillitis and that is what facilitated me to have surgery.

At the least should I have received a temporary 100 rating for recovery time from the surgery?

 

The VA rational is once I had surgery that eliminated the tonsillitis.

However I conclude, the tonsillitis was present since service and was medically dealt with through surgical means.

I either should be service connected for tonsillitis and the residuals that made me have to have surgery or I should receive temporary 100% percent status based on recovery from the surgery.

 

I am seriously thinking about getting the denial reopened and arguing the merits of service connection or 100% temporary status.

 

All answers and opinions are welcomed.


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