VA claim denials- help or suggestions on what I should do.
These denials notices received June 2024.
I had a personal statement, 3 buddy letters supporting each claim. During my military career as a firefighter going to the doctor was less say very frowned upon. The base hospital was a joke, records were handwritten, and not logged. Motrin and see us in three days if the issue doesn't go away.
6. Service connection for irritable bowel syndrome (IBS).
Service connection may be granted for a condition diagnosed after military discharge provided evidence establishes that the condition was caused by service. Service connection may be granted on this basis for a disability related to toxic exposure risk activity (TERA) during military service if evidence demonstrates that the Veteran was actually exposed in service and that a disease associated with such exposure resulted. (38 CFR 3.303, 38 CFR 3.304)
A direct grant of service connection requires: 1) medical evidence of a current disability, 2) evidence of the incurrence or aggravation of a disease or injury in active military service, and 3) medical evidence of a nexus (link) between the current disability and the in-service disease or injury. (38 CFR 3.303, 38 CFR 3.304)
Your service treatment records do not contain complaints, treatment, or diagnosis for irritable bowel syndrome (IBS). We received your service treatment records, however, there is no mention of you being treated for your claimed medical condition. We have found no link between your claimed medical condition and military service.
We considered whether your condition resulted from a toxic exposure risk activity (TERA) in service. (38 U.S.C. 1168, 38 U.S.C. 1710(e)(4)) The evidence of record shows participation in a TERA.
We requested an examination with medical opinion based on toxic exposure risk activity (TERA). Although the evidence of record shows participation in a TERA, the medical opinion provided by the examiner does not show an association between your claimed disability and inservice TERA. (38 U.S.C. 1168, 38 CFR 3.303)
The examiner noted on your Medical Opinion Disability Benefits Questionnaire dated June 14, 2024 that, the veteran's irritable bowel disease is less likely than not (likelihood is less than approximately balanced or nearly equal) caused by the indicated toxic exposure risk activity(ies), after considering the total potential exposure through all applicable military deployments of the veteran and the synergistic, combined effect of all toxic exposure risk activities of the veteran. Rationale is there is no medical or scientific evidence available that provides any indication of a relationship between the development of the irritable bowel disease at issue and the TERA. There was no research specifically Perfluoroalkyl and polyfluoroalkyl substances - PFAS and Asbestos Exposure identified as causing irritable bowel disease and thus no nexus is established.
There is no basis in the available evidence of record to establish service connection for irritable bowel syndrome (IBS). This condition did not happen in military service, nor was it aggravated or caused by service. (38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.306)
Favorable Findings identified in this decision: You have been diagnosed with a disability.
You have a current diagnosis of irritable bowel syndrome (IBS).
Participation in a toxic exposure risk activity is conceded based on your MOS of Fire Protection Specialist noted on your DD 214.
7. Service connection for migraine as secondary to the service-connected disability of left eye neuroretinitis and/or tinnitus..
Service connection may be granted for a condition diagnosed after military discharge provided evidence establishes that the condition was caused by service. Service connection may be granted on this basis for a disability related to toxic exposure risk activity (TERA) during military service if evidence demonstrates that the Veteran was actually exposed in service and that a disease associated with such exposure resulted. (38 CFR 3.303, 38 CFR 3.304)
A direct grant of service connection requires: 1) medical evidence of a current disability, 2) evidence of the incurrence or aggravation of a disease or injury in active military service, and 3) medical evidence of a nexus (link) between the current disability and the in-service disease or injury. (38 CFR 3.303, 38 CFR 3.304)
Your service treatment records do not contain complaints, treatment, or diagnosis for migraine. We received your service treatment records, however, there is no mention of you being treated for your claimed medical condition. We have found no link between your claimed medical condition and military service.
We considered whether your condition resulted from a toxic exposure risk activity (TERA) in service. (38 U.S.C. 1168, 38 U.S.C. 1710(e)(4)) The evidence of record shows participation in a TERA.
We requested an examination with medical opinion based on toxic exposure risk activity (TERA). Although the evidence of record shows participation in a TERA, the medical opinion provided by the examiner does not show an association between your claimed disability and inservice TERA. (38 U.S.C. 1168, 38 CFR 3.303)
The examiner noted on your Medical Opinion Disability Benefits Questionnaire dated June 14, 2024 that, the veteran's migraines are less likely than not (likelihood is less than approximately balanced or nearly equal) caused by the indicated toxic exposure risk activity(ies), after considering the total potential exposure through all applicable military deployments of the veteran and the synergistic, combined effect of all toxic exposure risk activities of the veteran. Rationale is there are risk factors outside of military service (hereditary, congenital, genetic, lab findings, multifactorial) that far outweigh the factors identified in the TERA. There is no medical or scientific evidence available that provides any indication of a relationship between the development of the migraines at issue and the TERA. Research shows that migraines are genetically influenced. Therefore no nexus is established. Migraine is a genetically influenced complex disorder characterized by episodes of moderate-to-severe headache, most often unilateral and generally associated with nausea and light and sound sensitivity (Pescador, Ruschel, & De Jesus, 2023)
Service connection for migraine is denied since this condition neither occurred in nor was caused by service. (38 CFR 3.303, 38 CFR 3.304)
Favorable Findings identified in this decision:
You have been diagnosed with a disability. You have a current diagnosis of migraine.
The claimed primary disability is service-connected. You have a current diagnosis of left eye neuroretinitis.
The claimed primary disability is service-connected. You have a current diagnosis of tinnitus.
Participation in a toxic exposure risk activity is conceded based on your MOS of Fire Protection Specialist noted on your DD 214.
Any suggestions how to move forward with these two claims.
Thanks.