Asthma - pre-existing and aggravated or not

SadrCity_11B

SadrCity_11B

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Hello everyone,

Looking for some knowledge. I was in the army AD since 2005-2009, OIF tour 11Bravo. I got out joined the reserves 2009-present. In 2009 right after I got back from Iraq and discharge from AD I went to the va and my and began receiving inhalers for asthma. I was never diagnosed with asthma, but said I think I might of had it when I was a kid but could not remember.

I'm in WTU now for PTSD, Chronic back and ankle issues. I have alot more injuries and illnesses already rated through the VA when I first got out of the military in 2009.

Rewind - after reviewing my medical records at WTU I noticed when I first got in the military on the statement of truth I wrote " I think I had asthma before I was 10 but can't remember ever having it" the MD who approved me to come in the military wrote SM said he might of had asthma before the age of 10 but cannot recall. Doctor also said SM does not show positive for asthma SM does not have any lung issues and is approved for 11B nothing else came from this.

Fast forward- I experienced several burn pits, burning bodies/trash and chlorine material ( bag fell from ceiling and exploded all over me and my team leader we inhaled alot of it). Didn't think.much of it just pushed on with the mission. Once I got back from deployment I ETS.

The VA has been issues inhalers for asthma but never diagnosed through them. I've been on title 10 orders for the past 3 years and was diagnosed with asthma and prescribed new medication and treatment. My FEV lvls are between 40-60 I believe not sure but there pretty bad.

Any one have an idea on what to expect from the DOD side and VA even though I never was diagnosed but I thought I had it when I was a kid but I don't have any records or it or anything?

Thank you all for any assistance. I am currently awaiting an LOD for my recent diagnosis for asthma but I am not sure how this will play out cause of my situation as a kid and but not having records of it from that time. Thanks
 
I would file a claim with the VA to explore the service connected issue. The seem to be better at it than the people doing LODs. The standards are the same, but in practice, most doing LODs seem to expect clear proof, and the VA more often will correctly assume your story makes sense and decide in your favor unless the docs are saying its on the silly side. If you can get the VA to service connect that becomes something to take to the MEB/PEB. While the DoD can technically come to a different conclusion, its becomes pretty suspect when one government agency is arguing against another government agency.
 
Injuries and diseases are presumed LOD unless there is substantial evidence to the contrary. Unfortunately, this is an often ignored standard.

From AR 600-8-4:

b. An injury, disease, or death is presumed to be in LD unless refuted by substantial evidence contained in the investigation.


Mike
 
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File and fight. See post by @maparker above. The burden is on DoD to establish substantial evidence to the contrary.
 
Thanks guys , I've tried to find out if I actually had asthma I'm just going off of what my mother had said years ago. I never had any signs and the only document stating asthma before the military is me stating it on the statement of truth of what I thought I had but it there's no evidence I could find even so if there was evidence showing pre existing I'm at 10 years of service I should meet the 8 yr active duty exemption right? Doc also diagnosed me with rhinitis allergies I believe as well as asthma so. Only the past few years it's just been getting harder and harder to breath
 
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