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08-Mar-2020 23:20 by 5 Comments

Where to find 100 percent disability dating site

The veteran's testimony to the effect that he or she is experiencing these symptoms, when combined with an examining physician's inability to make a diagnosis, may be sufficient to establish existence of the illness.

The requirement for chronicity is fulfilled if the disability has persisted for at least 6 months.Do not dismiss any evidence as "self-serving." It is reasonable to expect claimants to provide evidence which they believe is in their best interests.Similarly, unless there is affirmative reason to doubt the credibility of evidence, do not develop for corroboration.Service connection for _____ is denied since this disability was first manifested on _____ and lasted less than 6 months." 3. Service connection under 38 CFR 3.317 cannot be established if there is affirmative evidence that the illness was not incurred during active service or was caused by some intercurrent circumstance.Affirmative evidence that the illness is caused by willful misconduct or alcohol or drug abuse will also preclude entitlement.Whether granted or denied, assign one hyphenated diagnostic code in the coded conclusion to each issue which is separately considered. If there is a disability due to the existence of an undiagnosed illness, generally there are three facts that must be established before service connection for an undiagnosed illness may be granted or denied: when the disability arose; whether the condition was of compensable severity (unless manifested while in the Southwest Asia theater); and whether the condition chronically persisted for at least six months. When the object of service connection is a diagnosed illness, medical findings are of paramount importance because a physician specializes in identifying disabilities through 7-IV-9 M21-1, Part VI February 5, 2004 Change 110 diagnoses.

However, the concept of "objective indications" expressed in 38 CFR 3.317 makes clear that the evidence required for undiagnosed illnesses--illnesses which are outside the scope of medical understanding--is not so dependent on formal medical findings.

However, use of analogies is not limited to this list.

Abnormal weight loss, 8873-7328 (resection of intestine); Cardiovascular signs or symptoms, 8870-7013 (tachycardia), 8870-7005 (ASHD); Fatigue, 8863-6354 (chronic fatigue syndrome), 8877-7700 (anemia); Gastrointestinal signs or symptoms, 8873-7305 (ulcer), 8873-7319 (irritable bowel syndrome); Headache, 8881-8100 (migraine headaches); Joint pain, 8850-5002 (rheumatoid arthritis); Menstrual disorders, 8876-7622 (uterus displacement); Muscle pain, 8850-5021 (myositis); Neurologic signs or symptoms, 8885-85__ (peripheral neuropathy); Neuropsychological signs or symptoms, 8893-9300 (organic mental disorder); Signs or symptoms involving the respiratory system (upper or lower), 8865-65__, 8866-66__, 8868-68__ (respiratory system); Signs and symptoms involving the skin, 8878-7806 (eczema); Sleep disturbances, 8894-9400 (generalized anxiety). Begin a discussion of any denial in the "Reasons and Bases" or “Analysis” with a description of the general requirements for service connection under 38 CFR 3.317: "Service connection may be established for qualifying chronic disability resulting from an undiagnosed illness, a medically unexplained chronic multi-symptom illness that is defined by a cluster of signs or symptoms, or a diagnosed illness that is determined by VA regulation to warrant a presumption of service connection which became manifest either during active service in the Southwest Asia theater of operations during the Gulf War, or to a degree of 10 percent or more after the date on which the veteran last performed service in the Southwest Asia theater of operations during the Persian Gulf War." 1. A condition having a known clinical diagnosis cannot be favorably considered for service connection under 38 CFR 3.317 unless it meets the criteria for qualifying chronic disability shown in subparagraph 7.22c, but it will receive consideration for service connection under other provisions.

Although rating multiple manifestations under a single body system will in most cases allow the maximum benefit, be alert to symptoms affecting fundamentally different body systems which may clearly warrant separate consideration.

If service connection for several symptoms or signs is denied for the same reason, consider such symptoms and signs as a single issue.

The “Veterans Education and Benefits Expansion Act of 2001,” Public Law 107-103, expanded the definition of “qualifying chronic disability” under 38 U. C 1117 to include, effective March 1, 2002, not only a disability resulting from an undiagnosed illness, but also a medically unexplained chronic multi-symptom illness that is defined by a cluster of signs and symptoms, and any diagnosed illness that is determined by VA regulation to warrant a presumption of service-connection. Abnormal weight loss Cardiovascular signs or symptoms Fatigue Gastrointestinal signs or symptoms Headache Joint pain Menstrual disorders Muscle pain Neurological signs or symptoms Neuropsychological signs or symptoms Signs or symptoms involving the respiratory system (upper and lower) Signs and symptoms involving the skin Sleep disturbances (3) Chronicity. To fulfill the requirement for chronicity, the claimed illness must have persisted for a period of 6 months. Special Considerations for Undiagnosed Disability Claims (1) Diagnostic Codes.

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