Afghanistan

Afghanistan

marinevet1987
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Joined: 03 Apr 2015, 18:04

22 Jun 2017, 23:30 #1

I am reading different things and getting confused.  The way I understand it, Gulf War Syndrome does not include Afghanistan (makes sense), but I'm reading where there are things that are presumptive to Afghanistan, but can't find out what it is.  What diseases/conditions are presumptive to Afghanistan?  If not specifically Afghanstan,  where is a list of presumptive service connected conditions?
50% PTSD
10% GERD
10% Lumbar Spine Strain
10% Tinnitus
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Kriegschwein
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Joined: 02 Mar 2015, 16:01

23 Jun 2017, 00:58 #2

What problems you have that you think could be related to a deployment to Afghanistan?
 

  
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BROVET
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Joined: 17 Apr 2006, 19:42

23 Jun 2017, 01:01 #3

 

   
      
      A Co. 2nd/2nd
      1st Infantry
      11/66-11/67     
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Kriegschwein
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Joined: 02 Mar 2015, 16:01

23 Jun 2017, 01:15 #4

Leishmaniasis is an ugly one. A buddy of mine in 4ID came down with that bug in Iraq.
 

  
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Cpt Geo
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Joined: 16 Nov 2008, 00:20

23 Jun 2017, 01:54 #5

If it was not such a serious subject, it would be funny.

If you served in the Gulf before Sep 2001, you have one year from when you leave active duty to show infection to one of the infectious diseases.

But if you served in the Gulf, or Afghanistan after Sep 2001, then you only have to show a current infection. (no time limit).

And they have the nerve to say "This will be the beginning of historic change for how VA considers Gulf War Veterans’ illnesses."
Sounds like the same old VA to me.
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marinevet1987
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Joined: 03 Apr 2015, 18:04

23 Jun 2017, 05:27 #6

Kriegschwein, nothing. I am just interested in how that works. I like learning new things. I bet 20 years from now there will be a list of things (I'm assuming alot of breathing related because of the burn pits) that will be presumptive for Afghanistan. I was wanting to know if there was a current list.
50% PTSD
10% GERD
10% Lumbar Spine Strain
10% Tinnitus
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marinevet1987
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Joined: 03 Apr 2015, 18:04

23 Jun 2017, 05:30 #7

Thanks for posting that Brovet. I am happy to say I don't have Brucellosis, Campylobacter jejuni, Coxiella burnetii (Q fever), malaria, Mycobacterium tuberculosis, Nontyphoid Salmonella, Shigella, Visceral leishmaniasis and West Nile virus.
50% PTSD
10% GERD
10% Lumbar Spine Strain
10% Tinnitus
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Kriegschwein
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Joined: 02 Mar 2015, 16:01

23 Jun 2017, 06:42 #8

cpt george wrote:
If it was not such a serious subject, it would be funny.

If you served in the Gulf before Sep 2001, you have one year from when you leave active duty to show infection to one of the infectious diseases.

But if you served in the Gulf, or Afghanistan after Sep 2001, then you only have to show a current infection. (no time limit).

And they have the nerve to say "This will be the beginning of historic change for how VA considers Gulf War Veterans’ illnesses."
Sounds like the same old VA to me.
 
I'm sure that timeline won't stop people from claiming one of those, should one arise.
 

  
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Cpt Geo
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Joined: 16 Nov 2008, 00:20

24 Jun 2017, 01:11 #9

Kriegschwein wrote:
cpt george wrote:
If it was not such a serious subject, it would be funny.

If you served in the Gulf before Sep 2001, you have one year from when you leave active duty to show infection to one of the infectious diseases.

But if you served in the Gulf, or Afghanistan after Sep 2001, then you only have to show a current infection. (no time limit).

And they have the nerve to say "This will be the beginning of historic change for how VA considers Gulf War Veterans’ illnesses."
Sounds like the same old VA to me.
 
I'm sure that timeline won't stop people from claiming one of those, should one arise.
Its just plain stupid that someone from the first Gulf war, would have to prove that it is from being in Iraq, yet someone from the later war gets it as a presumptive, so he would not have to prove anything.

I know of three soldiers from different areas of the theater in Desert storm, that have later come down with leishmaniasis. One was diagnosed right away, when he went to donate blood.Yet the VA still gave him the middle finger. The other two, were many years later, so they would have to somehow prove that they got it while in the Gulf.  Yet if they had been in the Gulf after 2001, they would have no problem.  Image
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Kriegschwein
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Joined: 02 Mar 2015, 16:01

24 Jun 2017, 01:38 #10

That's not quite how I read it.

Maybe Cruiser or someone could chime in.

I read it in it's entirety and draw a different conclusion.

 
Last edited by Kriegschwein on 24 Jun 2017, 02:00, edited 3 times in total.
 

  
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Kriegschwein
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Joined: 02 Mar 2015, 16:01

24 Jun 2017, 02:16 #11

(c) Presumptive service connection for infectious diseases.
      
      (1) Except as provided in paragraph (c)(4) of this section, a disease listed in paragraph (c)(2) of this section will be service connected if it becomes manifest in a veteran with a qualifying period of service, provided the provisions of paragraph (c)(3) of this section are also satisfied

      (2) The diseases referred to in paragraph (c)(1) of this section are the following:
            (i) Brucellosis.
            (ii) Campylobacter jejuni.
            (iii) Coxiella burnetii (Q fever).
            (iv) Malaria. 
            (v) Mycobacterium tuberculosis.
            (vi) Nontyphoid Salmonella.
            (vii) Shigella.
            (viii) Visceral leishmaniasis.
            (ix) West Nile virus. 

      (3) The diseases listed in paragraph (c)(2) of this section will be considered to have been incurred in or aggravated by service under the circumstances outlined in paragraphs (c)(3)(i) and (ii) of this section even though there is no evidence of such disease during the period of service.
            (i) With three exceptions, the disease must have become manifest to a degree of 10 percent or more within 1 year from the date of separation from a qualifying period of service as specified in paragraph (c)(3)(ii) of this section. Malaria must have become manifest to a degree of 10 percent or more within 1 year from the date of separation from a qualifying period of service or at a time when standard or accepted treatises indicate that the incubation period commenced during a qualifying period of service. There is no time limit for visceral leishmaniasis or tuberculosis to have become manifest to a degree of 10 percent or more. 
            (ii) For purposes of this paragraph (c), the term qualifying period of service means a period of service meeting the requirements of paragraph (e) of this section or a period of active military, naval, or air service on or after September 19, 2001, in Afghanistan. 
      
      (4) A disease listed in paragraph (c)(2) of this section shall not be presumed service connected:
            (i) If there is affirmative evidence that the disease was not incurred during a qualifying period of service; or
            (ii) If there is affirmative evidence that the disease was caused by a supervening condition or event that occurred between the veteran’s most recent departure from a qualifying period of service and the onset of the disease; or
            (iii) If there is affirmative evidence that the disease is the result of the veteran’s own willful misconduct or the abuse of alcohol or drugs.

---------------------------------------PARAGRAPH (E) FOR REFERENCE------------------------------------------------------------------------------------------------------------------

(e) Service. For purposes of this section:

      (1) The term Persian Gulf veteran means a veteran who served on active military, naval, or air service in the Southwest Asia theater of operations during the Persian Gulf War.
      (2) The Southwest Asia theater of operations refers to Iraq, Kuwait, Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Sea, and the airspace above these locations.
(Authority: 38 U.S.C. 1117, 1118).

 
Last edited by Kriegschwein on 24 Jun 2017, 02:43, edited 1 time in total.
 

  
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pgwvet
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Joined: 08 Jun 2008, 00:42

06 Jul 2017, 14:53 #12

Kriegschwein wrote:
That's not quite how I read it.

Maybe Cruiser or someone could chime in.

I read it in it's entirety and draw a different conclusion.

 
The time frame for the illness to start after service is the same for everyone. The only thing for the date on Sep. 2001 is when this will apply to  veterans that served in Afghanistan. Most are set for one year for everyone no matter the time they served. Some do not have a one year but longer.
Those after 2001 have the same time frame after service as those before. Remember this was a change that happened in 2010. 

The hardest part is not the illness in part "A" but getting the secondary in part "B"  Those are not a given.
James A. Bunker
Executive Director
National Gulf War Resource Center
1725 SW Gage Blvd.
2nd Floor #200
Topeka, KS 66604
Gulf War Illness Guide
http://kansasvets.org
Like us on Facebook
http://www.facebook.com/ngwrc
HTTP://WWW.NGWRC.ORG
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thaemcee2
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Joined: 15 Aug 2017, 16:29

15 Aug 2017, 17:55 #13

Hate to resurrect an old thread but just to clarify, afghanistan only vets like myself are only eligible for those 6 infectious diseases as presumptive conditions, not the IBS and fibromyalgia and CFS etc, correct?
I ask cause I am about to submit my claim for IBS and know it will be a battle without serving in Iraq/Kuwait/Saudi
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Cruiser
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Joined: 27 Nov 2003, 23:33

15 Aug 2017, 18:24 #14

Cpt Geo wrote:
If it was not such a serious subject, it would be funny.

If you served in the Gulf before Sep 2001, you have one year from when you leave active duty to show infection to one of the infectious diseases.

But if you served in the Gulf, or Afghanistan after Sep 2001, then you only have to show a current infection. (no time limit).

And they have the nerve to say "This will be the beginning of historic change for how VA considers Gulf War Veterans’ illnesses."
Sounds like the same old VA to me.
 
Please take note of the position of the comma after "Persian Gulf War."  This means that the reference to the Gulf War and the reference to Afghanistan must be read as two separate clauses with the September 2001 date only applying to the clause regarding Afghanistan.  If it applied to the other Gulf War nations then there would be no comma.

"--- will establish new presumptions of service connection for nine specific infectious diseases associated with military service in Southwest Asia during the Persian Gulf War, or in <?xml:namespace prefix = "st1" />Afghanistan on or after September 19, 2001."

The beginning date for those who served in the other Gulf nations is August 2, 1990, which is the beginning of the Gulf War.  The September 2001 date for Afghanistan service is the date that marks the beginning of the war in Afghanistan.  There had been no U.S. troops in Afghanistan for years prior to that date and even then it was just Embassy personnel.  The U.S. Embassy closed in 1989.

Whatever it is that you see  that is "funny" I guess I'm just not seeing.  

Cruiser
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pgwvet
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Joined: 08 Jun 2008, 00:42

16 Aug 2017, 14:44 #15

thaemcee2 wrote: Hate to resurrect an old thread but just to clarify, afghanistan only vets like myself are only eligible for those 6 infectious diseases as presumptive conditions, not the IBS and fibromyalgia and CFS etc, correct?
I ask cause I am about to submit my claim for IBS and know it will be a battle without serving in Iraq/Kuwait/Saudi
The 9  infectious diseases that is in 38 CFR 3.317(c) 
Service Connection under § 3.317(c) Infectious Diseases
 THIS PART IS DIFFERENT FROM THE REST OF 38 CFR § 3.317 and the only part that applies to veterans that served in Afghanistan!
 
Must manifested within 1 year of service to 10%. (There are some that this does not apply to)
 
This regulation took effect on September 29, 2010.
 
Periods of service for this is after September 19, 2001 for those in Afghanistan but never served in the gulf war as per this regulation.
 
Infectious Diseases are per this regulation are: Brucellosis,  Campylobacter jejuni,  Coxiella burnetti (Q fever),  Malaria,  Mycobacterium tuberculosis,  Nontyphoid salmonella,  Shigella,  Visceral leishmaniasis,  West Nile Virus 
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thaemcee2
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Joined: 15 Aug 2017, 16:29

16 Aug 2017, 15:03 #16

OK thanks for the clarification...sucks that us Afghan only vets cant get those presumptive conditions like OIF guys get...I got viral dysentery and got real sick, havent been the same since but Im filing for IBS hopefully my nexus, diagnosis, medical record entry and buddy statement are enough
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pgwvet
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Joined: 08 Jun 2008, 00:42

17 Aug 2017, 14:15 #17

thaemcee2 wrote: OK thanks for the clarification...sucks that us Afghan only vets cant get those presumptive conditions like OIF guys get...I got viral dysentery and got real sick, havent been the same since but Im filing for IBS hopefully my nexus, diagnosis, medical record entry and buddy statement are enough
Anything that you have that started in the service is a claim for direct service connection as per 38 CFR 3.303 / 3.304  There are some studies that showed very high rates of the symptoms of the GI problems to include IBS in both OIF and OEF veterans. If you started to get the symptoms while in direct combat (have a CAB) tell your VSO to include 38 U.S.C. 1154(b).  

This is a part of something I helped a VSO with.

Second, the VA must determine whether that evidence is consistent with the circumstances, conditions, or hardships of such service. In this step also, the veterans evidence must be considered standing alone, not weighed with contrary evidence. Collette, 82 F.3d at 394. In determining whether the veterans lay or other evidence is satisfactory and whether it is consistent with service, the VA should resolve every reasonable doubt in favor of the veteran. 38 U.S.C.S. 1154(b). The claimant’s complaints of his illness is in line with known research on this illness. SEE Diagn Microbiol Infect Dis. 2004 Oct;50(2):89-93. The epidemiology of self-reported diarrhea in operations Iraqi freedom and enduring freedom.
James A. Bunker
Executive Director
National Gulf War Resource Center
1725 SW Gage Blvd.
2nd Floor #200
Topeka, KS 66604
Gulf War Illness Guide
http://kansasvets.org
Like us on Facebook
http://www.facebook.com/ngwrc
HTTP://WWW.NGWRC.ORG
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thaemcee2
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Joined: 15 Aug 2017, 16:29

17 Aug 2017, 15:15 #18

pgwvet wrote:
thaemcee2 wrote: OK thanks for the clarification...sucks that us Afghan only vets cant get those presumptive conditions like OIF guys get...I got viral dysentery and got real sick, havent been the same since but Im filing for IBS hopefully my nexus, diagnosis, medical record entry and buddy statement are enough
Anything that you have that started in the service is a claim for direct service connection as per 38 CFR 3.303 / 3.304  There are some studies that showed very high rates of the symptoms of the GI problems to include IBS in both OIF and OEF veterans. If you started to get the symptoms while in direct combat (have a CAB) tell your VSO to include 38 U.S.C. 1154(b).  

This is a part of something I helped a VSO with.

Second, the VA must determine whether that evidence is consistent with the circumstances, conditions, or hardships of such service. In this step also, the veterans evidence must be considered standing alone, not weighed with contrary evidence. Collette, 82 F.3d at 394. In determining whether the veterans lay or other evidence is satisfactory and whether it is consistent with service, the VA should resolve every reasonable doubt in favor of the veteran. 38 U.S.C.S. 1154(b). The claimant’s complaints of his illness is in line with known research on this illness. SEE Diagn Microbiol Infect Dis. 2004 Oct;50(2):89-93. The epidemiology of self-reported diarrhea in operations Iraqi freedom and enduring freedom.
Thanks for the insight...I do have my Combat Action Ribbon from my 2 stints in the 'Stan...as for the 1154(b) if I understand it correctly, that is talking about stuff that happened in a combat zone that may not have been documented right? In this case of my IBS, my corpsman initially did not put anything in my medical record when it happened, even though I was by far the most sick out of the whole company and was considered to get medivaced to a bigger base for treatment...I had that corpsman do an administrative entry into my medical record explaining what had happened back in 2007....so, it technically is in my medical record, and I also had a teammate write a buddy statement...

I hope those things combined with my GI doctors nexus letter and diagnosis of IBS will be enough! I don't know what else they want to see....I was also treated for the diarrhea by the VA several years ago and I listed it as ongoing treatment even though I started to see a private GI doc cause the VA wont do nexus letters
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pgwvet
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Joined: 08 Jun 2008, 00:42

17 Aug 2017, 16:45 #19

thaemcee2 wrote:
pgwvet wrote:
thaemcee2 wrote: OK thanks for the clarification...sucks that us Afghan only vets cant get those presumptive conditions like OIF guys get...I got viral dysentery and got real sick, havent been the same since but Im filing for IBS hopefully my nexus, diagnosis, medical record entry and buddy statement are enough
Anything that you have that started in the service is a claim for direct service connection as per 38 CFR 3.303 / 3.304  There are some studies that showed very high rates of the symptoms of the GI problems to include IBS in both OIF and OEF veterans. If you started to get the symptoms while in direct combat (have a CAB) tell your VSO to include 38 U.S.C. 1154(b).  

This is a part of something I helped a VSO with.

Second, the VA must determine whether that evidence is consistent with the circumstances, conditions, or hardships of such service. In this step also, the veterans evidence must be considered standing alone, not weighed with contrary evidence. Collette, 82 F.3d at 394. In determining whether the veterans lay or other evidence is satisfactory and whether it is consistent with service, the VA should resolve every reasonable doubt in favor of the veteran. 38 U.S.C.S. 1154(b). The claimant’s complaints of his illness is in line with known research on this illness. SEE Diagn Microbiol Infect Dis. 2004 Oct;50(2):89-93. The epidemiology of self-reported diarrhea in operations Iraqi freedom and enduring freedom.
Thanks for the insight...I do have my Combat Action Ribbon from my 2 stints in the 'Stan...as for the 1154(b) if I understand it correctly, that is talking about stuff that happened in a combat zone that may not have been documented right? In this case of my IBS, my corpsman initially did not put anything in my medical record when it happened, even though I was by far the most sick out of the whole company and was considered to get medivaced to a bigger base for treatment...I had that corpsman do an administrative entry into my medical record explaining what had happened back in 2007....so, it technically is in my medical record, and I also had a teammate write a buddy statement...

I hope those things combined with my GI doctors nexus letter and diagnosis of IBS will be enough! I don't know what else they want to see....I was also treated for the diarrhea by the VA several years ago and I listed it as ongoing treatment even though I started to see a private GI doc cause the VA wont do nexus letters
You still need to write you own statement on your illness. you need to tell the VA how it started, the symptoms you have and how it effects your live. You have to be honest and not "man-up" as some do. the rating is based on your symptoms and it goes by not just you going to the head, but your gut pain too. 
The 1154(b) set a whole different set of rule into play for the VBA to deny the claim.
  
James A. Bunker
Executive Director
National Gulf War Resource Center
1725 SW Gage Blvd.
2nd Floor #200
Topeka, KS 66604
Gulf War Illness Guide
http://kansasvets.org
Like us on Facebook
http://www.facebook.com/ngwrc
HTTP://WWW.NGWRC.ORG
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thaemcee2
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Joined: 15 Aug 2017, 16:29

17 Aug 2017, 22:13 #20

"You still need to write you own statement on your illness. you need to tell the VA how it started, the symptoms you have and how it effects your live. You have to be honest and not "man-up" as some do. the rating is based on your symptoms and it goes by not just you going to the head, but your gut pain too. 
The 1154(b) set a whole different set of rule into play for the VBA to deny the claim." - pgwvet
  


Thanks again sir...yeah I am definitely going to do my own statement for this claim, as well as my right shoulder re-open, PTSD increase and lumbar back increase...the way I am doing it is every claim I am submitting for I will do my own statement explaining what you touched on and will advise how many pages are in the claim and what evidence I have etc etc

this leads me to a question actually, should I have my wife do 1 statement for each of my claims instead of 1 long one and upload one copy to each claim? seems like the obvious answer is to have her to a statement for each claim, just checking, cause I have a co worker who did 1 explaining symptoms of PTSD, IBS and migraines all in the same statement...feel like I may have to split it up into 3
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pgwvet
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Joined: 08 Jun 2008, 00:42

18 Aug 2017, 15:29 #21

thaemcee2 wrote: "You still need to write you own statement on your illness. you need to tell the VA how it started, the symptoms you have and how it effects your live. You have to be honest and not "man-up" as some do. the rating is based on your symptoms and it goes by not just you going to the head, but your gut pain too. 
The 1154(b) set a whole different set of rule into play for the VBA to deny the claim." - pgwvet
  


Thanks again sir...yeah I am definitely going to do my own statement for this claim, as well as my right shoulder re-open, PTSD increase and lumbar back increase...the way I am doing it is every claim I am submitting for I will do my own statement explaining what you touched on and will advise how many pages are in the claim and what evidence I have etc etc

this leads me to a question actually, should I have my wife do 1 statement for each of my claims instead of 1 long one and upload one copy to each claim? seems like the obvious answer is to have her to a statement for each claim, just checking, cause I have a co worker who did 1 explaining symptoms of PTSD, IBS and migraines all in the same statement...feel like I may have to split it up into 3
Each claim is a different one. It makes it easier to follow in working the claim. As for the PTSD and work, it is best if you have reports that show you are or had problems there. Letters from your boss or pass employers.
James A. Bunker
Executive Director
National Gulf War Resource Center
1725 SW Gage Blvd.
2nd Floor #200
Topeka, KS 66604
Gulf War Illness Guide
http://kansasvets.org
Like us on Facebook
http://www.facebook.com/ngwrc
HTTP://WWW.NGWRC.ORG
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thaemcee2
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Joined: 15 Aug 2017, 16:29

20 Aug 2017, 16:27 #22

pgwvet wrote:
thaemcee2 wrote: "You still need to write you own statement on your illness. you need to tell the VA how it started, the symptoms you have and how it effects your live. You have to be honest and not "man-up" as some do. the rating is based on your symptoms and it goes by not just you going to the head, but your gut pain too. 
The 1154(b) set a whole different set of rule into play for the VBA to deny the claim." - pgwvet
  


Thanks again sir...yeah I am definitely going to do my own statement for this claim, as well as my right shoulder re-open, PTSD increase and lumbar back increase...the way I am doing it is every claim I am submitting for I will do my own statement explaining what you touched on and will advise how many pages are in the claim and what evidence I have etc etc

this leads me to a question actually, should I have my wife do 1 statement for each of my claims instead of 1 long one and upload one copy to each claim? seems like the obvious answer is to have her to a statement for each claim, just checking, cause I have a co worker who did 1 explaining symptoms of PTSD, IBS and migraines all in the same statement...feel like I may have to split it up into 3
Each claim is a different one. It makes it easier to follow in working the claim. As for the PTSD and work, it is best if you have reports that show you are or had problems there. Letters from your boss or pass employers.
Ahhhh I don't think its a good idea to get letters from my supervisors explaining how my PTSD affects me at work, being I am a police officer!...while it certainly has affected me, my symptoms havent gotten to the point where I am in danger of losing my job or anything like that, and also most of my conditions go unnoticed as I can deal with them without my supervisors finding out anyway...but my 1 co worker wrote a statement explaining how i have memory loss as well as speech issues that I was told by the VA are from PTSD and its in my mental health and neuro notes about my job being affected...I have been disciplined a few times and twice they were documented so I could print those out...maybe I should have another co-worker do a statement, plus I will have my own statement for this claim as well as my wife, but I know it means more showing that your conditions affect work....
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pgwvet
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Joined: 08 Jun 2008, 00:42

05 Sep 2017, 21:49 #23

thaemcee2 wrote:
pgwvet wrote:
thaemcee2 wrote: "You still need to write you own statement on your illness. you need to tell the VA how it started, the symptoms you have and how it effects your live. You have to be honest and not "man-up" as some do. the rating is based on your symptoms and it goes by not just you going to the head, but your gut pain too. 
The 1154(b) set a whole different set of rule into play for the VBA to deny the claim." - pgwvet
  


Thanks again sir...yeah I am definitely going to do my own statement for this claim, as well as my right shoulder re-open, PTSD increase and lumbar back increase...the way I am doing it is every claim I am submitting for I will do my own statement explaining what you touched on and will advise how many pages are in the claim and what evidence I have etc etc

this leads me to a question actually, should I have my wife do 1 statement for each of my claims instead of 1 long one and upload one copy to each claim? seems like the obvious answer is to have her to a statement for each claim, just checking, cause I have a co worker who did 1 explaining symptoms of PTSD, IBS and migraines all in the same statement...feel like I may have to split it up into 3
Each claim is a different one. It makes it easier to follow in working the claim. As for the PTSD and work, it is best if you have reports that show you are or had problems there. Letters from your boss or pass employers.
Ahhhh I don't think its a good idea to get letters from my supervisors explaining how my PTSD affects me at work, being I am a police officer!...while it certainly has affected me, my symptoms havent gotten to the point where I am in danger of losing my job or anything like that, and also most of my conditions go unnoticed as I can deal with them without my supervisors finding out anyway...but my 1 co worker wrote a statement explaining how i have memory loss as well as speech issues that I was told by the VA are from PTSD and its in my mental health and neuro notes about my job being affected...I have been disciplined a few times and twice they were documented so I could print those out...maybe I should have another co-worker do a statement, plus I will have my own statement for this claim as well as my wife, but I know it means more showing that your conditions affect work....
Just the reports you can print out is all.
James A. Bunker
Executive Director
National Gulf War Resource Center
1725 SW Gage Blvd.
2nd Floor #200
Topeka, KS 66604
Gulf War Illness Guide
http://kansasvets.org
Like us on Facebook
http://www.facebook.com/ngwrc
HTTP://WWW.NGWRC.ORG
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Jdestef
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Joined: 01 Apr 2016, 02:46

05 Oct 2017, 04:49 #24

Don't want to take over your thread but does anyone have Any idea why they would send me for a gulf war c&p exam if I've only served in Afghan? Current disabilities under appeal are sleep apnea/ insomnia secondary to ptsd, asthma, ddd increase and migraines.I have already gone to the c&p for migraines, ddd and a wrist issue. None of those Afghan presumptive conditions. I have 2 more c&p for ddd and a general medical gulf war is all they told me. Is it possible they are just using the c&p for an opinion on the medical issue and not for the connection to service part? If that makes sense.
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pgwvet
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Joined: 08 Jun 2008, 00:42

06 Oct 2017, 17:16 #25

Jdestef wrote: Don't want to take over your thread but does anyone have Any idea why they would send me for a gulf war c&p exam if I've only served in Afghan? Current disabilities under appeal are sleep apnea/ insomnia secondary to ptsd, asthma, ddd increase and migraines.I have already gone to the c&p for migraines, ddd and a wrist issue. None of those Afghan presumptive conditions. I have 2 more c&p for ddd and a general medical gulf war is all they told me. Is it possible they are just using the c&p for an opinion on the medical issue and not for the connection to service part? If that makes sense.
We are looking at the training for the raters and it show to do this. We are hoping to get it fixed. The one part is your asthma can be due to the exposures where you served (burn pits). That is the only part of what you listed but only if it is something after your service.  I have a client they did the same thing to for an illness that started in the service, then denied saying he could not claim it under 3.317. We never did. 
Be ready for that. 
 
James A. Bunker
Executive Director
National Gulf War Resource Center
1725 SW Gage Blvd.
2nd Floor #200
Topeka, KS 66604
Gulf War Illness Guide
http://kansasvets.org
Like us on Facebook
http://www.facebook.com/ngwrc
HTTP://WWW.NGWRC.ORG
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Jdestef
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Joined: 01 Apr 2016, 02:46

06 Oct 2017, 17:38 #26

pgwvet wrote:
Jdestef wrote: Don't want to take over your thread but does anyone have Any idea why they would send me for a gulf war c&p exam if I've only served in Afghan? Current disabilities under appeal are sleep apnea/ insomnia secondary to ptsd, asthma, ddd increase and migraines.I have already gone to the c&p for migraines, ddd and a wrist issue. None of those Afghan presumptive conditions. I have 2 more c&p for ddd and a general medical gulf war is all they told me. Is it possible they are just using the c&p for an opinion on the medical issue and not for the connection to service part? If that makes sense.
We are looking at the training for the raters and it show to do this. We are hoping to get it fixed. The one part is your asthma can be due to the exposures where you served (burn pits). That is the only part of what you listed but only if it is something after your service.  I have a client they did the same thing to for an illness that started in the service, then denied saying he could not claim it under 3.317. We never did. 
Be ready for that. 
 
I'm afraid I'm not tracking boss, I never served in gulf war only deployments to Afghanistan. The asthma is filled with burn pits causing it. When I have the exam for gulf war will they automatically deny it bc I'm not a gulf war vet?

Or is it possible that they are using the exam to get a medical opinion ( just for the medical opinion part and not for the service connection part) for asthma, migraines and sleep apnea from insomnia secondary to my service connected ptsd?
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Jdestef
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Joined: 01 Apr 2016, 02:46

06 Oct 2017, 17:39 #27

pgwvet wrote:
Jdestef wrote: Don't want to take over your thread but does anyone have Any idea why they would send me for a gulf war c&p exam if I've only served in Afghan? Current disabilities under appeal are sleep apnea/ insomnia secondary to ptsd, asthma, ddd increase and migraines.I have already gone to the c&p for migraines, ddd and a wrist issue. None of those Afghan presumptive conditions. I have 2 more c&p for ddd and a general medical gulf war is all they told me. Is it possible they are just using the c&p for an opinion on the medical issue and not for the connection to service part? If that makes sense.
We are looking at the training for the raters and it show to do this. We are hoping to get it fixed. The one part is your asthma can be due to the exposures where you served (burn pits). That is the only part of what you listed but only if it is something after your service.  I have a client they did the same thing to for an illness that started in the service, then denied saying he could not claim it under 3.317. We never did. 
Be ready for that. 
 
I'm afraid I'm not tracking boss, I never served in gulf war only deployments to Afghanistan. The asthma is filled with burn pits causing it. When I have the exam for gulf war will they automatically deny it bc I'm not a gulf war vet?

Or is it possible that they are using the exam to get a medical opinion ( just for the medical opinion part and not for the service connection part) for asthma, migraines and sleep apnea from insomnia secondary to my service connected ptsd?
Reply

pgwvet
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Joined: 08 Jun 2008, 00:42

11 Oct 2017, 18:02 #28

Jdestef wrote:
pgwvet wrote:
Jdestef wrote: Don't want to take over your thread but does anyone have Any idea why they would send me for a gulf war c&p exam if I've only served in Afghan? Current disabilities under appeal are sleep apnea/ insomnia secondary to ptsd, asthma, ddd increase and migraines.I have already gone to the c&p for migraines, ddd and a wrist issue. None of those Afghan presumptive conditions. I have 2 more c&p for ddd and a general medical gulf war is all they told me. Is it possible they are just using the c&p for an opinion on the medical issue and not for the connection to service part? If that makes sense.
We are looking at the training for the raters and it show to do this. We are hoping to get it fixed. The one part is your asthma can be due to the exposures where you served (burn pits). That is the only part of what you listed but only if it is something after your service.  I have a client they did the same thing to for an illness that started in the service, then denied saying he could not claim it under 3.317. We never did. 
Be ready for that. 
 
I'm afraid I'm not tracking boss, I never served in gulf war only deployments to Afghanistan. The asthma is filled with burn pits causing it. When I have the exam for gulf war will they automatically deny it bc I'm not a gulf war vet?

Or is it possible that they are using the exam to get a medical opinion ( just for the medical opinion part and not for the service connection part) for asthma, migraines and sleep apnea from insomnia secondary to my service connected ptsd?
The exam is used for the exposure in your service too. The notice to the examiner will address the exposures you had that can cause your breathing problems such as, burn pits and the sand storm it lists a lot of things for the OEF and OIF veterans and is a lot better than the one for Desert Storm veterans.  You just have to hope the examiner reads it and understand that "at lest likely as not" means.
James A. Bunker
Executive Director
National Gulf War Resource Center
1725 SW Gage Blvd.
2nd Floor #200
Topeka, KS 66604
Gulf War Illness Guide
http://kansasvets.org
Like us on Facebook
http://www.facebook.com/ngwrc
HTTP://WWW.NGWRC.ORG
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Jdestef
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.
Joined: 01 Apr 2016, 02:46

11 Oct 2017, 18:07 #29

pgwvet wrote:
Jdestef wrote:
pgwvet wrote:

We are looking at the training for the raters and it show to do this. We are hoping to get it fixed. The one part is your asthma can be due to the exposures where you served (burn pits). That is the only part of what you listed but only if it is something after your service.  I have a client they did the same thing to for an illness that started in the service, then denied saying he could not claim it under 3.317. We never did. 
Be ready for that. 
 
I'm afraid I'm not tracking boss, I never served in gulf war only deployments to Afghanistan. The asthma is filled with burn pits causing it. When I have the exam for gulf war will they automatically deny it bc I'm not a gulf war vet?

Or is it possible that they are using the exam to get a medical opinion ( just for the medical opinion part and not for the service connection part) for asthma, migraines and sleep apnea from insomnia secondary to my service connected ptsd?
The exam is used for the exposure in your service too. The notice to the examiner will address the exposures you had that can cause your breathing problems such as, burn pits and the sand storm it lists a lot of things for the OEF and OIF veterans and is a lot better than the one for Desert Storm veterans.  You just have to hope the examiner reads it and understand that "at lest likely as not" means.
Excellent, thank you. I was worried someone carelessly scheduled it at the va not realizing I am an oif Afghan vet, messing it up and putting me back through another 4 year appeal
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Jdestef
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Joined: 01 Apr 2016, 02:46

02 Nov 2017, 15:34 #30

Had my general medical gulf war c&p today.. lasted about 15 minutes briefly went over the ailments effecting me. Asked about my exposure to burn pits and discussed a little about the blown up vehicles I would have to inventory as part of my job overseas. Not sure what to take from it. Discussed him how I'm suffering from bowel issues, asthma, sleep apnea, neck issues and severe migraines
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Jdestef
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Joined: 01 Apr 2016, 02:46

06 Nov 2017, 02:10 #31

Here's my results. Wasn't sure why I went to this c&p to begin with. The 800 number stated the migraines nod triggered this exam. I already has a nuero exam last month through lhi haven't been able to get the results yet. Any idea if this helps or hurts my claim?
1. Evidence Review
------------------
Evidence reviewed (check all that apply):

[X] VA e-folder (VBMS or Virtual VA)
[X] CPRS


2. Medical History
------------------

a. No symptoms, abnormal findings or complaints: No answer provided

b. Skin and scars: No answer provided

c. Hematologic/lymphatic: No answer provided

d. Eye: No answer provided

e. Hearing loss, tinnitus and ear: No answer provided

f. Sinus, nose, throat, dental and oral: No answer provided

g. Breast: No answer provided

h. Respiratory: No answer provided

i. Cardiovascular: No answer provided

j. Digestive and abdominal wall: No answer provided

k. Kidney and urinary tract: No answer provided

l. Reproductive: No answer provided

m. Musculoskeletal: The following conditions have been reported

Joints and extremities: Wrist

n. Endocrine: No answer provided

o. Neurologic: Headaches (including Migraine Headaches)

p. Psychiatric: No answer provided

q. Infectious disease, immune disorder or nutritional deficiency: No
answer
provided

r. Miscellaneous conditions: No answer provided

3. Diagnosed illnesses with no etiology
---------------------------------------

From the conditions identified and for which Questionnaires were completed,
are there any diagnosed illnesses for which no etiology was established?
[ ] Yes [X] No

4. Additional signs and/or symptoms that may represent an "undiagnosed
illness" or "diagnosed medically unexplained chronic multisymptom
illness"

-----------------------------------------------------------------------------

Does the Veteran report any additional signs and/or symptoms not addressed
through completion of DBQs identified in the above sections?
[ ] Yes [X] No

5. Physical Exam
----------------

Normal PE, except as noted on additional Questionnaires included as part of
this
report

6. Functional impact of additional signs and/or symptoms that may represent
an "undiagnosed illness" or "diagnosed medically unexplained chronic
multisymptom illness"

-----------------------------------------------------------------------------

[ ] Yes [X] No

7. Remarks, if any:
-------------------

veteran has diagnosis of migraine headaches, a condition with clear and
specific etiology. diagnosis of migraines is less likely related to
specific
exposures during gulf war. headaches, including migraines, are common
conditions found in general population; and there is no evidence that gulf
war exposures caused or aggravated condition
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pgwvet
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Joined: 08 Jun 2008, 00:42

14 Nov 2017, 20:17 #32

He did not address your bowel issues or asthma and you need to address that with your VSO.
You and your VSO needs to look up in the M21-1 this IV.ii.1.I.10.a.  Fact Sheet: Burn Pits in Iraq, Afghanistan, and the Horn of Africa

Now if you have had the headaches within the first year after you got out then they would fall under 3.307 a one year presumptive time. and you only need to show they are 10%.
James A. Bunker
Executive Director
National Gulf War Resource Center
1725 SW Gage Blvd.
2nd Floor #200
Topeka, KS 66604
Gulf War Illness Guide
http://kansasvets.org
Like us on Facebook
http://www.facebook.com/ngwrc
HTTP://WWW.NGWRC.ORG
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pgwvet
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Joined: 08 Jun 2008, 00:42

15 Nov 2017, 21:11 #33

To fight the headaches you will need to show that in research how veterans have higher rates of headaches/migraines  in OEF/OIF  veterans compared to those not sent into combat.

Demographic, Military, and Health Characteristics of VA Health Care Users and Nonusers Who Served in or During Operation Enduring Freedom or Operation Iraqi Freedom, 2009-2011 Public Health Reports (Erin K. Dursa, PhD, MPH) 2016, Vol. 131(6) 839-843ª 2016, Association of Schools and Programs of Public Health.

15.00
Dr. Drew Helmer of the VA War Related Illness and Injury Study Center and coworkers published an article about OEF/OIF Veterans and listed “headaches” (at least 6-month duration) in Table 1.  https://www.rehab.research.va.gov/jour/2016/531/JRRD-2014-10-0255.html

Your VSO can help in the write-up as these are VA researchers also. If your VSO cannot get the research let me know at Jim@ngwrc.org
James A. Bunker
Executive Director
National Gulf War Resource Center
1725 SW Gage Blvd.
2nd Floor #200
Topeka, KS 66604
Gulf War Illness Guide
http://kansasvets.org
Like us on Facebook
http://www.facebook.com/ngwrc
HTTP://WWW.NGWRC.ORG
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Jdestef
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Joined: 01 Apr 2016, 02:46

15 Nov 2017, 21:16 #34

Thank you! My problem is I was never trying to connect them via gulf war. I have documented complaints, treatment and diagnosis of the migraines while still on active duty.
Reply

Jdestef
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Joined: 01 Apr 2016, 02:46

15 Nov 2017, 21:17 #35

The mri while on active duty started white matter and the va doctor said it causes the migraines
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pgwvet
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Joined: 08 Jun 2008, 00:42

16 Nov 2017, 15:25 #36

Jdestef wrote: Thank you! My problem is I was never trying to connect them via gulf war. I have documented complaints, treatment and diagnosis of the migraines while still on active duty.
Than it is an inadequate exam as it was not based on the record as a  whole.
I am seeing that a lot of OEF veterans are having their claims placed under the "gulf war" regulation. I just received one back for a client here.

You and your VSO need to fight this as a 3.303/3.304 claim state the inadequate exam and show where it was diagnosed in the service.

The VBA is required to consider all evidence of record and to address in its decision all potentially applicable provisions of law and regulation. See 38 U.S.C. 7104(a); Schafrath v. Derwinski, 1 Vet.App. 589 (1991); Weaver v. Principi, 14 Vet.App. 301, 302 (2001) (per curiam order). The VBA cannot reject evidence favorable to the claimant without discussing that evidence.”  Daves v. Nicholson, 21 Vet.App. 46, 51 (2007) (citing Meyer v. Brown, 9 Vet.App. 425, 233 (1996)).


your statement should show rest


1.        The regulation does not define prostrating migraine headaches. The one definition of prostrating is to rest, stretch oneself out, etc. http://www.dictionary.com/browse/prostrating
 
 2.        There is no set of time as to how long one must rest in the regulation or to work under the rating percentages for 10 or 30 in 38 C.F.R. § 4.124a, DC 8100. In the 50% rating is listed “prolonged attacked” and influence on the claimants income.
James A. Bunker
Executive Director
National Gulf War Resource Center
1725 SW Gage Blvd.
2nd Floor #200
Topeka, KS 66604
Gulf War Illness Guide
http://kansasvets.org
Like us on Facebook
http://www.facebook.com/ngwrc
HTTP://WWW.NGWRC.ORG
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pgwvet
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Joined: 08 Jun 2008, 00:42

16 Nov 2017, 15:29 #37

I use this a lot.

The claimants STR does show that his headaches did start in the service for his Country.
The CAVC stated "As a matter of law, when the evidence does not preponderate one way or the other, it sits in relative equipoise." See Gilbert v. Derwinski, 1 Vet.App. 49, 54 (1990) ("a veteran need only demonstrate that there is an 'approximate balance of positive and negative evidence' in order to prevail"), and the benefit of the doubt must go to the veteran, see Ortiz v. Principi, 274F.3d 1361, 1365 (Fed. Cir. 2001)
James A. Bunker
Executive Director
National Gulf War Resource Center
1725 SW Gage Blvd.
2nd Floor #200
Topeka, KS 66604
Gulf War Illness Guide
http://kansasvets.org
Like us on Facebook
http://www.facebook.com/ngwrc
HTTP://WWW.NGWRC.ORG
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pgwvet
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Joined: 08 Jun 2008, 00:42

16 Nov 2017, 15:32 #38

Your VSO need to use this too.
 ( insert the fact of not using the evidence of the STR and the continuance of the headaches after the service)
The VBA is required to consider all evidence of record and to address in its decision all potentially applicable provisions of law and regulation. See 38 U.S.C. 7104(a); Schafrath v. Derwinski, 1 Vet.App. 589 (1991); Weaver v. Principi, 14 Vet.App. 301, 302 (2001) (per curiam order). The VBA cannot reject evidence favorable to the claimant without discussing that evidence.”  Daves v. Nicholson, 21 Vet.App. 46, 51 (2007) (citing Meyer v. Brown, 9 Vet.App. 425, 233 (1996)).
James A. Bunker
Executive Director
National Gulf War Resource Center
1725 SW Gage Blvd.
2nd Floor #200
Topeka, KS 66604
Gulf War Illness Guide
http://kansasvets.org
Like us on Facebook
http://www.facebook.com/ngwrc
HTTP://WWW.NGWRC.ORG
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