Comp. for Disabilities associated with Gulf War Service

Comp. for Disabilities associated with Gulf War Service

RATnaCAGE1
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Joined: 10 Jun 2005, 00:06

19 Feb 2006, 15:09 #1

Would it be possible for one of the Admin on the board to make this a sticky post at the top of the Gulf War Illness Section ? We receive alot of questions asking what is/is not covered as presumptive conditions for Gulf War Veterans.

Thanks.


July 30, 2004 M21-1, Part VI
Change 116

7.22 COMPENSATION FOR DISABILITIES ASSOCIATED WITH GULF WAR SERVICE

a. Background.
(1) The Persian Gulf War Veterans’ Act. On November 2, 1994, Congress enacted the "Persian Gulf War Veterans' Benefits Act," Title I of the "Veterans' Benefits Improvements Act of 1994," Public Law 103-446. That statute added a new section 1117 to Title 38, United States Code, authorizing VA to compensate any Persian Gulf veteran suffering from a chronic disability resulting from an undiagnosed illness or combination of undiagnosed illnesses which became manifest either during active duty in the Southwest Asia theater of operations during the Persian Gulf War, or to a degree of 10 percent or more within a presumptive period following service in the Southwest Asia theater of operations during the Persian Gulf War.

(2) The Persian Gulf War Veterans Act of 1998. The “Persian Gulf War Veterans Act of 1998”, Public Law 105-277 authorized VA to compensate Gulf War veterans for diagnosed or undiagnosed disabilities which are determined by VA regulation to warrant a presumption of service-connection based on a positive association with exposure to a toxic agent, environmental or wartime hazard, or preventive medication or vaccine associated with Gulf War service. This statute added section 1118 to Title 38, United States Code.

(3) The Veterans Education and Benefits Expansion Act of 2001. The “Veterans Education and Benefits Expansion Act of 2001,” Public Law 107-103, expanded the definition of “qualifying chronic disability” under 38 U.S.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.

(4) 38 CFR 3.317. Title 38 CFR 3.317, which implements 38 U.S.C. 1117, defines qualifying Gulf War service and qualifying chronic disability as well as establishes a broad but non-exclusive list of signs and symptoms which may be representative of undiagnosed or chronic multi-symptom illnesses for which compensation may be paid, and the presumptive period for service connection.

b. “Gulf War Veteran”. The term "Gulf War veteran" under 38 CFR 3.317 means a veteran who served on active military, naval, or air service in the Southwest Asia theater of operations during the Gulf War. The Gulf War extends from August 2, 1990, through a date yet to be determined by law or Presidential proclamation (38 U.S.C. 101(33). The Southwest Asia theater of operations includes:

Iraq
Kuwait
Saudi Arabia
The neutral zone between Iraq and Saudi Arabia
The United Arab Emirates
Bahrain
Qatar
Oman
The Gulf of Aden
The Gulf of Oman
The Persian Gulf
The Arabian Sea
The Red Sea
The airspace above these locations



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M21-1, Part VI July 30, 2004
Change 116

c. Qualifying Chronic Disability

(1) Definition. The term “qualifying chronic disability” under 38 CFR 3.317 means a chronic disability resulting from any of the following (or any combination of any of the following):

(a) An undiagnosed illness.

(b) A medically unexplained chronic multi-symptom illness (such as chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome) that is defined by a cluster of signs or symptoms.

(c) Any diagnosed illness that is determined by VA regulation to warrant a presumption of service-connection.

(2) Signs or Symptoms of Illness. Title 38 CFR 3.317 specifies 13 categories of signs or symptoms that may be a manifestation of an undiagnosed illness or a chronic multi-symptom illness. They are listed below. However, the list of 13 illness categories is not exclusive. Signs or symptoms not represented by one of the listed categories can also qualify for consideration. If a disability is affirmatively shown to have resulted from a cause other than Gulf War service, however, it cannot be compensated under 38 CFR 3.317.

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. The claimed illness must be chronic. To fulfill the requirement for chronicity, the claimed illness must have persisted for a period of 6 months. Disabilities which are subject to intermittent episodes of improvement and worsening within a 6-month period would be considered chronic. The 6-month period of chronicity will be measured from the earliest date on which all pertinent evidence establishes that the signs or symptoms of the disability first became manifest.

d. Presumptive period for service connection. Title 38 CFR 3.317 establishes the presumptive period as beginning on the date following last performance of active military, naval, or air service in the Southwest Asia theater during the Gulf War. This period extends through September 30, 2011.

e. Special Considerations for Undiagnosed Disability Claims

(1) Diagnostic Codes. In order to properly identify and track claimed undiagnosed disabilities, the following diagnostic code series beginning with "88" has been established. The 88 code will be the first element of a hyphenated analogous code. It will be assigned according to the body system of the analogous code which it precedes. (See subparagraph 9b.)

DIAGNOSTIC
CODE DESCRIPTION

8850-50__ UNDIAGNOSED CONDITION--MUSCULOSKELETAL DISEASES
8851-51__ UNDIAGNOSED CONDITION—AMPUTATIONS

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8852-52__ UNDIAGNOSED CONDITION--JOINTS, SKULL, AND RIBS
8853-53__ UNDIAGNOSED CONDITION--MUSCLE INJURIES
8860-60__ UNDIAGNOSED CONDITION--DISEASES OF THE EYE
8861-61__ UNDIAGNOSED CONDITION--HEARING LOSS
8862-62__ UNDIAGNOSED CONDITION--EAR AND OTHER SENSE ORGANS
8863-63__ UNDIAGNOSED CONDITION--SYSTEMIC DISEASES
8865-65__ UNDIAGNOSED CONDITION--NOSE AND THROAT
8866-66__ UNDIAGNOSED CONDITION--TRACHEA AND BRONCHI
8867-67__ UNDIAGNOSED CONDITION--TUBERCULOSIS
8868-68__ UNDIAGNOSED CONDITION--LUNGS AND PLEURA
8870-70__ UNDIAGNOSED CONDITION--HEART DISEASES
8871-71__ UNDIAGNOSED CONDITION--ARTERIES AND VEINS
8872-72__ UNDIAGNOSED CONDITION--UPPER DIGESTIVE SYSTEM
8873-73__ UNDIAGNOSED CONDITION--LOWER DIGESTIVE SYSTEM
8875-75__ UNDIAGNOSED CONDITION--GENITOURINARY SYSTEM
8876-76__ UNDIAGNOSED CONDITION--GYNECOLOGICAL SYSTEM
8877-77__ UNDIAGNOSED CONDITION--HEMIC AND LYMPHATIC SYSTEM
8878-78__ UNDIAGNOSED CONDITION--SKIN
8879-79__ UNDIAGNOSED CONDITION--ENDOCRINE SYSTEM
8880-80__ UNDIAGNOSED CONDITION--CENTRAL NERVOUS SYSTEM
8881-81__ UNDIAGNOSED CONDITION--MISCELLANEOUS NEUROLOGICAL
8882-82__ UNDIAGNOSED CONDITION--CRANIAL NERVE PARALYSIS
8883-83__ UNDIAGNOSED CONDITION--CRANIAL NERVE NEURITIS
8884-84__ UNDIAGNOSED CONDITION--CRANIAL NERVE NEURALGIA
8885-85__ UNDIAGNOSED CONDITION--PERIPHERAL NERVE PARALYSIS
8886-86__ UNDIAGNOSED CONDITION--PERIPHERAL NERVE NEURITIS
8887-87__ UNDIAGNOSED CONDITION--PERIPHERAL NERVE NEURALGIA
8889-89__ UNDIAGNOSED CONDITION--EPILEPSIES
8892-92__ UNDIAGNOSED CONDITION--PSYCHOTIC DISORDERS
8893-93__ UNDIAGNOSED CONDITION--ORGANIC MENTAL
8894-94__ UNDIAGNOSED CONDITION--PSYCHONEUROTIC
8895-95__ UNDIAGNOSED CONDITION--PSYCHOPHYSIOLOGIC
8899-99__ UNDIAGNOSED CONDITION--DENTAL AND ORAL

(2) The Issue

(a) Issue for Consideration. State the issue for rating as "Service connection for [specify signs or symptoms] as due to an undiagnosed illness."

(b) Single or Multiple Issues. The decision to rate multiple symptoms or signs separately or as a single disability will depend on the most favorable outcome to the veteran. 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. Whether granted or denied, assign one hyphenated diagnostic code in the coded conclusion to each issue which is separately considered.

(3) Evidence. 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.

(a) Medical and Lay Evidence. When the object of service connection is a diagnosed illness, medical findings are of paramount importance because a physician specializes in identifying disabilities through

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M21-1, Part VI February 5, 2004
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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. 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. Similarly a lay person's statement regarding the veteran's complaints beginning at a certain time, lasting for a certain duration, and having a particular level of severity may be adequate to establish the requirements for consideration. Non-medical indicators include such information as time lost from work, evidence that the veteran has sought medical treatment for his or her symptoms, evidence affirming situations such as a change in the veteran's appearance, physical abilities and mental or emotional attitude. Lay statements from knowledgeable individuals may be accepted as evidence providing objective indications if they support the conclusion that a disability exists.

(b) Unnecessary Development. Lay evidence is credible if the person was in a position to know the alleged facts and if not contradicted by evidence of record which is more credible. 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. For example, if lay evidence alleges that the veteran lost a certain amount of time from employment, accept that statement without further development if otherwise credible.

(c) PGW Registry Examination. In all cases, ask the veteran if he or she had participated in the VHA Persian Gulf Health Registry and had been examined as part of the Registry, and where he or she was examined. If he or she has been examined, secure examination results from the VAMC.

(4) Future Examination. Because the course of an undiagnosed illness cannot be predicted, monitor the case by establishing a future examination control within 24 months of the last examination of record. At the expiration of the control, review the evidence of record to determine if a reexamination is necessary.

f. Decision. State the rating decision as "Service connection for _____ is denied," or "Service connection for _____ is granted with an evaluation of _____ percent effective _____ ." The earliest effective date for entitlement to service connection under 38 CFR 3.317 is November 2, 1994.

g. Reasons For Decision

(1) Granted. Service connection established under 38 CFR 3.317 is considered service connection for purposes of all laws.

(a) During Active Duty. Service connection will be established if the qualifying chronic disability (as defined in subparagraph 7.22c(1)) became manifest, whether to a compensable degree or not, while the claimant was on active service in the Southwest Asia theater of operations during the Gulf War. Include the following sentence in the "Reasons and Bases" or “Analysis” section of the rating if service connection is established under this circumstance: "Service connection is established for _____ (or for _____ as due to an undiagnosed illness) which began in the Southwest Asia theater of operations during the Gulf War."

(b) During Presumptive Period. Service connection will be established if the qualifying chronic disability arose to a compensable degree after the veteran last served in the Southwest Asia theater during the Gulf War, regardless of the veteran's active duty status at the time. If service connection is established during the presumptive period, include the following statement in the "Reasons and Bases" or “Analysis”: "Service connection may be presumed for qualifying disabilities resulting from undiagnosed or diagnosed illnesses which arose to a compensable degree after service in the Southwest Asia theater of operations during the Gulf War. Service connection for _____ has been granted on the basis of this presumption."

(2) Evaluation by Analogy

(a) Evaluate the level of impairment of chronic undiagnosed disabilities by analogy to an existing diagnostic code in the rating schedule (38 CFR 4.27). Precede a discussion of the evaluation criteria and next
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higher level in the “Reasons for Decision” with the following statement: "Since the disability at issue does not have its own evaluation criteria assigned in VA regulations, a closely related disease or injury was used for this purpose."

(b) The RSVR will use a hyphenated diagnostic code as described in subparagraph 7.22e(1) for undiagnosed disabilities. For the second code, use the diagnostic code that most closely fits the evaluating criteria. Examples of analogies for the 13 signs or symptoms found in 38 CFR 3.317 are provided below. 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).

(c) Denied. 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. Diagnosed Illnesses. 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. If service connection is denied, include the following language in the "Reasons and Bases" or “Analysis”: "Service connection for _____ is denied because this disability is determined to result from a known clinical diagnosis of _____ , which neither occurred in nor was caused or aggravated by service."

2. Illness Not Chronic. The fact that a claimed disability is not found on last VA examination does not necessarily preclude entitlement under 38 CFR 3.317. The requirement for chronicity is fulfilled if the disability has persisted for at least 6 months. Disabilities subject to episodic improvement and worsening within a 6-month period are considered chronic. If the disability does not meet the 6-month requirement, include the following statement under “Reasons for Decision”: "The disability must have persisted for a period of at least 6 months. Service connection for _____ is denied since this disability was first manifested on _____ and lasted less than 6 months."

3. Attributable to Some Other Etiology. 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. Include the following statement under “Reasons for

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Decision,” if service connection is denied on this basis: "Service connection under this provision is precluded if there is affirmative evidence that the disability was unrelated to service in the Gulf War. Service connection for _____ is denied because evidence established that this disability resulted from _____ ."

4. Illness not shown by the evidence of record. There is no evidence that the condition ever existed.

5. Qualifying Chronic Disability Less than 10 Percent. In order to qualify for service connection, the qualifying chronic disability must have become manifest either during active duty in the Southwest Area Theater during the Gulf War or to a degree of 10 percent or more after the date on which the veteran last performed active service in the Southwest Asia theater of operations during the Gulf War. If the veteran fails to qualify for service connection because the severity of disability is noncompensable, include the following statement in "Reasons and Bases" or “Analysis”: "Service connection for _____ is denied since this disability neither arose during service in the Persian Gulf theater, nor was it manifested to a compensable degree after the last date of service in the Persian Gulf theater during the Gulf War."

(d) Description of Dates. Under “Reasons for Decision,” explicitly refer to any date which is pertinent to the decision. This particularly includes the dates during which the veteran served in the Southwest Asia theater, and the earliest date a qualifying chronic illness may have become manifest.

h. Coded Conclusion

(1) A decision regarding service connection will be shown under either code 1. SC or 8. NSC in the coded conclusion. The parenthetical entry following 1. SC will be "GW PRES."

(2) Hyphenated codes will be used for all undiagnosed conditions. The first code will always be one of the diagnostic codes established for Gulf War undiagnosed conditions (see subparagraph 7.22e(1)) followed by the analogous diagnostic code. For example, if the analogy is 6354, the hyphenated code would be 8863-6354; or if the analogy is 5002, the code would be 8850-5002.

i. Severance and Reduction. Once service connection is established under 38 CFR 3.317, it is considered service connected for the purpose of all laws, including the provisions pertaining to protection under 38 CFR 3.951 and 3.957. Situations may arise, however, that will require termination or reduction of payments previously awarded under section 3.317; for example, establishment of a known clinical diagnosis as the cause of a veteran's disabilities. Title 38 CFR 3.500 was amended to add a paragraph (38 CFR 3.500(y)) specifically requiring severance or reduction under 38 CFR 3.105(d) or (e) to be effective on the first of the month 60 days after expiration of the predetermination period and final notice to the veteran. Apply the usual procedures for reduction or severance outlined in chapter 9. Termination or reduction of benefits paid under section 3.317 would not preclude continuation of payments if entitlement is established under other regulations governing grants of service connection by incurrence, aggravation, or presumption.

j. Participation in Research Projects. Effective December 27, 2001, if a Gulf War veteran participates in a VA-sponsored medical research project, service connection established for disability under 38 U.S.C. 1117 or 1118 will be protected, regardless of the project’s findings, unless the original award of compensation or service connection was based on fraud, or it is clearly shown from military records that the veteran did not have the requisite service or character of discharge. A list of VA-sponsored medical research projects for which service connection is protected will be published in the Federal Register.

RATnaCAGE..........Image
Helo Gunner
USMC
60% SC
GWVET

RATnaCAGE
RATnaCAGE
Helo Gunner
USMC
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RATnaCAGE1
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Joined: 10 Jun 2005, 00:06

29 Apr 2006, 02:27 #2

^bump^RATnaCAGE
RATnaCAGE
Helo Gunner
USMC
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SEELEYGRIZFAN
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Joined: 20 Jun 2005, 05:13

29 Apr 2006, 17:09 #3

I think pop just forgot Rat, I will ezmail him again.Image Visit the Veterans Political Arena
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GWMARINE
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Joined: 12 May 2005, 10:00

12 May 2006, 08:14 #4

What a load of Crap! Good Luck!
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CMSGONZO
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Joined: 15 May 2004, 14:17

13 May 2006, 06:11 #5

GW

What is a bunch of crap??

It all looked fairly straight forward to me.

Ralph
I Was Placed On This Earth To Put Off Doing Something Extraordinary
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SEELEYGRIZFAN
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Joined: 20 Jun 2005, 05:13

15 May 2006, 03:09 #6

I am currious also. If you are saying the info is crap, it is taken right out of the current VA manual. Visit the Veterans Political Arena
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RATnaCAGE1
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Joined: 10 Jun 2005, 00:06

29 Oct 2006, 01:47 #7

Thanks Pop.RATnaCAGE
Helo Gunner
USMC
RATnaCAGE
Helo Gunner
USMC
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RATnaCAGE1
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Joined: 10 Jun 2005, 00:06

22 Mar 2007, 01:57 #8

UPDATE: The presumptive period has been extended once again. It is now December 31, 2011.

See Steam Jockeys post below...( I copied and pasted it here because this thread is pinned to the top of the page)

p203.ezboard.com/fvetbene...=307.topicRATnaCAGE
Helo Gunner
USMC
RATnaCAGE
Helo Gunner
USMC
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beaurrr
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Joined: 15 Sep 2007, 19:36

18 Sep 2007, 16:50 #9

I'm a little fuzzy on the whole 'undiagnosed illness' thing regarding compensation. How does a pgw vet with chronic joint pain tie this to the service connection?
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iglamar
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Joined: 08 Feb 2007, 19:53

11 Oct 2007, 15:09 #10

[font=&AMP]Thanks, Rat[/font]



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[font=&AMP]Great POST...[/font]



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[font=&AMP]I have a few questions...[/font]



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[font=&AMP] 1. [/font] [font=&AMP]I have several of the conditions listed, I did complained about my sleeping problems and my VA doctor had me take a sleep study… came back as sleep apnea. However, my claim was denied because it was diagnosed as a condition. I have never complained to my VA doc about several conditions that occurred while I was active duty, like memory loss and[/font] [font=&AMP]fatigue that I[/font] [font=&AMP]contribute[/font] [font=&AMP]to the medications I'm currently taking (muscle relaxes and hydrocodone for a SC back injury). I also have skin rashes on my body that comes and leaves through out the year and headaches that I also filed a claim on when I was initially discharged from the military, which was denied.[/font]



[font=&AMP] [/font]

[font=&AMP] [/font]

[font=&AMP] 2. [/font] [font=&AMP]How should I tell him(VA DOC) my concerns? [/font]



[font=&AMP] [/font]

[font=&AMP] 3. [/font] [font=&AMP]How should I approach this matter?[/font]



[font=&AMP] [/font]

[font=&AMP] 4. I was discharged in April of 2005... is it to late?[/font]



[font=&AMP] [/font]



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usmc one
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Joined: 20 Nov 2007, 18:31

13 Dec 2007, 16:36 #11

I am one of the apparent few who are getting VA comp for "Undiagnosed Illnesses Presumptive to the Persian Gulf War" (40% for that). The short answer to your question is - send in another request for Disability Compensation. List all of your symptoms, especially any that appear on the list published in the law (posted above). Gather all the medical records you can get your hands on. I ALWAYS go back to the doctor a month after my visit and ask for a hard copy of my records for that visit. I have my entire medical history. I made a copy of my 20 year military health records before I retired on the advice of a crusty old Marine Sergeant Major, and that has turned out to be one great piece of advice. I also have all of the records from the doctors I have seen since retiring. I have always done my claims myself. In the beginning I had a bad experience with one of the VSO's (they weren't paying attention to the correspondence the VA was sending to them about my claim) which made me realize that the only one who really cares about my claim is ME. I learned allot about the process as I worked through it, and in the end I was successful with the VA (overall 90% at the present time). But you will find with these illnesses that they are "chronic", which means they'll probably be with you for the rest of your life. I have been "diagnosed" by various doctors with everything from Lupus, to Undifferentiated Connective Tissue Disease, to Chronic Fatigue Syndrome, Fibro Myalgia, Chronic Viral Infection, and next week I go for a colonoscopy to find out if the narrowing in my terminal ileum is in fact Crohn's Disease. The BEST advice I can give you is to FIGHT. Fight your illnesses by trying your best to stay in shape, eat right, etc. Fight the VA, but in a civil and respectful way. BE PERSISTENT and respond to all of their correspondence in a timely manner. Thank them for their consideration of your claim, even when they deny something. Then appeal it. If you stay the course you will eventually get what you have earned. Thanks for your service, for the sacrifices you made then, and especially for the sacrifices you are making now.
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jagmedic
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Joined: 14 Feb 2008, 04:01

14 Feb 2008, 04:01 #12

Maybe we weren forgotten. (www.gulflink.org)
It appears there will be a new Group who a vet can appear or fax their issues to.
I wonder if they will hold townhall meetings around the country -- would that be of interest to you ?
See http://www.temple-telegram.com/story/lo ... 2/13/47079 Man getting clout for Gulf War veterans
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prairiedog9a
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07 Apr 2008, 21:04 #13

beaurrr, Welcome to the VBN family, This is the best site of its kind.
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prairiedog9a
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07 Apr 2008, 21:06 #14

iqkamar, Welcome to the VBN family. This is the best site of its kind.
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prairiedog9a
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07 Apr 2008, 21:12 #15

usmc one, Welcome to the VBN family. This is the best site of its kind.
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prairiedog9a
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07 Apr 2008, 21:17 #16

jaqmedic, Welcome to the VBN family. This is the best site of its kind.
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giadbiker
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23 Apr 2008, 22:50 #17

I was just looking at this post. will it petain to OFI vets too, or are we going to be put in a diffrent catagory? I get discharged on may 27th 60% tdrl. I have complained about many of this items to both miltary and civilian doctors. None of them came up during my formal PEB ,but are in my medical records.
The democracy will cease to exist when you take away from those who are willing to work and give to those who would not.



Thomas Jefferson
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CIWS1127
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Joined: 16 Aug 2008, 02:34

20 Aug 2008, 11:38 #18

Long nightmare!

I was discharded in 94 with a dx of myofascial syndrom, this month I go for a C P on fibromyalgia and Chronic Fatigue Syndrome. I understand that they must treat myofascial syndrom the same as fibromyalga, is this correct? If so, then wouldn't I have service connection since they are one in the same? Currently rated 90% on several other issues and waiting for IU also.
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melanie612
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Joined: 09 Mar 2005, 22:35

25 Aug 2008, 07:30 #19

Do I have to be seen by a VA doc to file the undiagnosed illnesses? I am being treated by a rheumatologist here and have had almost all of the illnesses listed diagnosed since I retired in 2001. Can I use the various records from the urologist, gastroenterologist, cardiologist, orthopod, neurologist, etc. for my claim? I already have 40% service connected.

Melanie
USN Ret.
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CIWS1127
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Joined: 16 Aug 2008, 02:34

02 Oct 2008, 17:36 #20

Melanie612

You should seriouslly consider putting a claim for increase possibly for CFS and fibromyalgia etc also. Get a private doctor to evaluate you records a independent medical evaluation (called a IME). Search the internet in your area and you can find a doctor that will conduct the evaluation, prices vary. Once done done submit your claim. I recommend not using a Veteran Representative, mine was a waste of time. Until I took it upon myself I didn't seem to get anything done. Stay posted here for valuable information, the key is research! The VBA will follow the law. You have to ask for what you deserve.

Dan
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melanie612
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Joined: 09 Mar 2005, 22:35

13 Oct 2008, 03:15 #21

Dan, Thanks so much for replying to my post, I thought I was going to have to start the round of phone calls to the VA to get an answer. I will take your advice and post my progress as it goes.

Melanie Rowell
USN Ret.
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pgwvet
h3
h3
Joined: 08 Jun 2008, 00:42

18 Oct 2008, 14:02 #22

melanie612 wrote:
Do I have to be seen by a VA doc to file the undiagnosed illnesses? I am being treated by a rheumatologist here and have had almost all of the illnesses listed diagnosed since I retired in 2001. Can I use the various records from the urologist, gastroenterologist, cardiologist, orthopod, neurologist, etc. for my claim? I already have 40% service connected.

Melanie
USN Ret.

yes
Also have you rheumatologist look at the CFS and to say if you have it. Then file for it as due to gulf war illness. you need to make sure that when you file for and of the undiagnosed illnesses, that you have " due to Gulf War Illness"
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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PyschoSiegfried
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Joined: 10 Aug 2009, 18:27

20 Aug 2009, 03:57 #23

Great Post.....


I'm currently fighting with the VA on "Gulf War Illness"

They have given me 70% SC for my PTSD but seem very reluctant to give me anything for my claims of

Fibro
Joint Pain
COPD
Asthma
Arthritis
Skin Issues {rashes and such}

and others

even though i have diagnosed BY THEM and civilian Doctors over the past 15 plus years......

i have been with the DAV for years but am considering a Civilian Lawyer to fight this one.........
82d ABN

80% SC
Reply

pgwvet
h3
h3
Joined: 08 Jun 2008, 00:42

03 Sep 2009, 18:41 #24

giadbiker wrote:
I was just looking at this post. will it petain to OFI vets too, or are we going to be put in a diffrent catagory? I get discharged on may 27th 60% tdrl. I have complained about many of this items to both miltary and civilian doctors. None of them came up during my formal PEB ,but are in my medical records.
The VA looks at it all as one war. and so the OIF fall under the same things for the gulf war illness.
The war started in Aug. of 90 and has to this date never ended.

One war many operations to that war.
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
Reply

The G Man
.
.
Joined: 05 Aug 2009, 23:54

05 Dec 2009, 22:18 #25

Thanks for the info
Your Signature ...
Reply

pgwvet
h3
h3
Joined: 08 Jun 2008, 00:42

23 Jan 2010, 22:02 #26

PyschoSiegfried wrote:Great Post.....


I'm currently fighting with the VA on "Gulf War Illness"

They have given me 70% SC for my PTSD but seem very reluctant to give me anything for my claims of

Fibro
Joint Pain
COPD
Asthma
Arthritis
Skin Issues {rashes and such}

and others

even though i have diagnosed BY THEM and civilian Doctors over the past 15 plus years......

i have been with the DAV for years but am considering a Civilian Lawyer to fight this one.........
If you want hep try writing the national Gulf War Resource Center.  HQ@ngwrc.org
They can help you and teach your rep how to write you NOD.

Here is an example of what we do on this type of problem:

 

v[font=&AMP]           [/font]Denial of SC for Chronic Fatigue Syndrome (CFS):

§[font=&AMP]         [/font]This denial I disagree with; since CFS is a presumptive under the Benefits Expansion Act of 2001.  In the my Gulf war exam dated ******, the I was diagnosed with two presumptive illness that falls under this act and this is one of them. 

§[font=&AMP]         [/font]The ruling here goes against the CAVC case of Gurierrez v. Principi in that you erred by imposing a nexus in this illness. Also the court found that under sec. 1117 the veteran only needs to show any claimed illness only needs to manifest to the degree of 10% or more before the end date.  That date is now set at Dec. 31, 2011.

§[font=&AMP]         [/font]In accordance with the act the veteran is to be granted SC for the CFS as do to his service in the gulf war since it has manifested before Dec. 31, 2011.

§[font=&AMP]         [/font]The CAVC stated "[A]s 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)

 

v[font=&AMP]           [/font]Denial of SC for Irritable Bowel Syndrome (IBS): 

§[font=&AMP]         [/font]This denial is also wrong for IBS is also a presumptive under the Benefits Expansion Act of 2001.  It was also wrong to group the IBS in with the veterans Gastroesophageal reflux disease (GERD) since they are not the same.  IBS affects the GI track and GRED is a disease of the esophagus.  The grouping of the veterans IBS with his GRED was wrong and is not supported by medical research.

§[font=&AMP]         [/font]The ruling here goes against the CAVC case of Gurierrez v. Principi in that you erred by imposing a nexus in this illness. Also the court found that under sec. 1117 the veteran only needs to show any claimed illness only needs to manifest to the degree of 10% or more before the end date.  That date is now set at Dec. 31, 2011.

§[font=&AMP]         [/font]In accordance with the act the veteran is to be granted SC for the IBS as do to his service in the gulf war since it has manifested before Dec. 31, 2011.

§[font=&AMP]         [/font]The CAVC stated "[A]s 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)

 

v[font=&AMP]           [/font]Denial of SC for Muscle and Joint pains do to Service in the Gulf War.

Ø[font=&AMP]      [/font]You erred on this denial by not addressing the ruling under section 1117 for his gulf war claim.

Ø[font=&AMP]      [/font]   By stating that there was no reports of test showing he had any problems goes against the CAVC case in where: The U.S. Court of Appeals for Veterans Claims concluded in

Gutierrez v. Principi, that it was error for the Board of Veterans' Appeals to conclude "that the failure of the laboratory tests and studies to diagnose an illness was evidence against" the veteran's section 1117 claim. Rather the Court found that the failure of laboratory tests to identify the cause of his reported symptoms supported his claim for an undiagnosed illness. Under 38 C.F.R. § 3.317 (2005) a qualifying condition is one that "[b]y history, physical examination, and laboratory tests cannot be attributed to any known clinical diagnosis."

Ø[font=&AMP]      [/font]The CAVC stated "[A]s 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)

Ø[font=&AMP]      [/font] 

v[font=&AMP]          [/font]SC for Dermatitis of Uncertain Etiology:

Ø[font=&AMP]      [/font]The veterans Gulf War exam shows the veteran suffers from dermatitis and has so for some time.  Under 3.317-1 §3.317 -- Compensation for certain disabilities due to undiagnosed illnesses 3.317-1, problems relating to the skin of  Uncertain Etiology is to be  SC as long as it has manifested on or before 31 Dec, 2011.

Ø[font=&AMP]      [/font]The CAVC case of NEGRON-JIMENEZ 08-0168 fulfilled the statute of 38 C.F.R. § 3.317 (2005)

 
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
Reply

The G Man
.
.
Joined: 05 Aug 2009, 23:54

04 Feb 2010, 17:35 #27

pgwvet wrote:
PyschoSiegfried wrote: Great Post.....


I'm currently fighting with the VA on "Gulf War Illness"

They have given me 70% SC for my PTSD but seem very reluctant to give me anything for my claims of

Fibro
Joint Pain
COPD
Asthma
Arthritis
Skin Issues {rashes and such}

and others

even though i have diagnosed BY THEM and civilian Doctors over the past 15 plus years......

i have been with the DAV for years but am considering a Civilian Lawyer to fight this one.........
If you want hep try writing the national Gulf War Resource Center.  HQ@ngwrc.org
They can help you and teach your rep how to write you NOD.

Here is an example of what we do on this type of problem:

 

v           Denial of SC for Chronic Fatigue Syndrome (CFS):

§         This denial I disagree with; since CFS is a presumptive under the Benefits Expansion Act of 2001.  In the my Gulf war exam dated ******, the I was diagnosed with two presumptive illness that falls under this act and this is one of them. 

§         The ruling here goes against the CAVC case of Gurierrez v. Principi in that you erred by imposing a nexus in this illness. Also the court found that under sec. 1117 the veteran only needs to show any claimed illness only needs to manifest to the degree of 10% or more before the end date.  That date is now set at Dec. 31, 2011.

§         In accordance with the act the veteran is to be granted SC for the CFS as do to his service in the gulf war since it has manifested before Dec. 31, 2011.

§         The CAVC stated "[A]s 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)

 

v           Denial of SC for Irritable Bowel Syndrome (IBS): 

§         This denial is also wrong for IBS is also a presumptive under the Benefits Expansion Act of 2001.  It was also wrong to group the IBS in with the veterans Gastroesophageal reflux disease (GERD) since they are not the same.  IBS affects the GI track and GRED is a disease of the esophagus.  The grouping of the veterans IBS with his GRED was wrong and is not supported by medical research.

§         The ruling here goes against the CAVC case of Gurierrez v. Principi in that you erred by imposing a nexus in this illness. Also the court found that under sec. 1117 the veteran only needs to show any claimed illness only needs to manifest to the degree of 10% or more before the end date.  That date is now set at Dec. 31, 2011.

§         In accordance with the act the veteran is to be granted SC for the IBS as do to his service in the gulf war since it has manifested before Dec. 31, 2011.

§         The CAVC stated "[A]s 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)

 

v           Denial of SC for Muscle and Joint pains do to Service in the Gulf War.

Ø      You erred on this denial by not addressing the ruling under section 1117 for his gulf war claim.

Ø         By stating that there was no reports of test showing he had any problems goes against the CAVC case in where: The U.S. Court of Appeals for Veterans Claims concluded in

Gutierrez v. Principi, that it was error for the Board of Veterans' Appeals to conclude "that the failure of the laboratory tests and studies to diagnose an illness was evidence against" the veteran's section 1117 claim. Rather the Court found that the failure of laboratory tests to identify the cause of his reported symptoms supported his claim for an undiagnosed illness. Under 38 C.F.R. § 3.317 (2005) a qualifying condition is one that "[b]y history, physical examination, and laboratory tests cannot be attributed to any known clinical diagnosis."

Ø      The CAVC stated "[A]s 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)

Ø       

v          SC for Dermatitis of Uncertain Etiology:

Ø      The veterans Gulf War exam shows the veteran suffers from dermatitis and has so for some time.  Under 3.317-1 §3.317 -- Compensation for certain disabilities due to undiagnosed illnesses 3.317-1, problems relating to the skin of  Uncertain Etiology is to be  SC as long as it has manifested on or before 31 Dec, 2011.

Ø      The CAVC case of NEGRON-JIMENEZ 08-0168 fulfilled the statute of 38 C.F.R. § 3.317 (2005)

 



My VSO filed for haedaches, joint pain in knees I was denied, for time during OIF. Can I use this way to info for my NOD or do I need to submit another claim? Thanks for the help and info.
Your Signature ...
Reply

pgwvet
h3
h3
Joined: 08 Jun 2008, 00:42

04 Feb 2010, 17:54 #28

The G Man wrote:
My VSO filed for haedaches, joint pain in knees I was denied, for time during OIF. Can I use this way to info for my NOD or do I need to submit another claim? Thanks for the help and info.
I would still use it.  This is from the M21-1MR, Part IV, Subpart ii, Chapter 2, Section D   A GW veteran, under 38 CFR 3.317, is a veteran who served on active military, naval, or air service in the Southwest Asia theater of operations during the GW. Per 38 U.S.C. 101(33), the GW extends from August 2, 1990, through a date yet to be determined by law or Presidential proclamation.
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
Reply

The G Man
.
.
Joined: 05 Aug 2009, 23:54

04 Feb 2010, 18:50 #29

Thanks hell its worth a shoot...I have had issues since i got back from there in 91...Just gave up because I and others in unit were getting blown off....
Your Signature ...
Reply

pgwvet
h3
h3
Joined: 08 Jun 2008, 00:42

04 Feb 2010, 19:09 #30

The G Man wrote:Thanks hell its worth a shoot...I have had issues since i got back from there in 91...Just gave up because I and others in unit were getting blown off....
There are to many giving up.  We need to keep working this.  The VA wants us to stop fighting them so they will not have to pay.

Look over our self-help on the website and check off all that is wrong with you.  Then go to the VA and get a new gulf war reg. exam.  if they say you had one, remind them you can have as many as you want.
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
Reply

The G Man
.
.
Joined: 05 Aug 2009, 23:54

04 Feb 2010, 21:42 #31

Wow I can go in for another one....Damn no idea on that....I will pass this info on...Thanks
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HelloWork
.
.
Joined: 04 Feb 2009, 01:14

27 Feb 2010, 00:32 #32

CIWS1127 wrote:Long nightmare!

I was discharded in 94 with a dx of myofascial syndrom, this month I go for a C P on fibromyalgia and Chronic Fatigue Syndrome. I understand that they must treat myofascial syndrom the same as fibromyalga, is this correct? If so, then wouldn't I have service connection since they are one in the same? Currently rated 90% on several other issues and waiting for IU also.
Myofascial Pain is one item.
Fibromyalgia is another item (I heard it is difficult to get SC'd for but I do not know yet. I have not added it to my own claim for increase so far.)
Chronic Fatigue Syndrome is also another item.

However, I have read during my research over the past few years, that symptoms which could be included in Fibromyalgia could be lumped into a Fibromyalgia so Myofascial Pain could be lumped into Fibromyalgia.

In my Claim, Myofascial Pain was lumped into Cervical-Lumbar Strain. My Service Officer Rep. told me to add Degenerative Disk Disease. I have only started the paperwork to add that to my claim for increase. But I suspect that they will add it to my Cervical-Lumbar Strain Rating since I am asking for DDD for my Neck and Back.
My Brain is Not Fried: it is Well Done!

FYI: 50% from 30% Myofascial Pain, %20 Left Shoulder Impingement Syndrom; 10% Painful Surgical Scar; Pending Increase for Secondary issues -Chronic PTSD, MDD, Sleep Disorders--Sleep Apnea and Restless Legs, Chronic Headaches/Dizziness, Peripheral Nerve Pain, SC Surgical 5" with Bone Transplant residual Nerve Pain,Bi-lateral Shoulder Impingement (one original injury site, second compensation overuse), Cervicalgia (C6 Annualar Tear and Herniated C7) in Rating Board since April 27, 2009: Rated July 1, 2009; Official Letter-Rec'd July 6, 2009; NOD Secondary issues rating decision July 10, 2010; added items to NOD April 14, 2010; Awarded 10% for second Surgical Scar, totalling 60% SC; Awaiting NOD IU and other issues Decision from DRO. C & P June 5, 2012. January 8, 2014 SOC denied several secondary conditions, continued SC conditions, upgraded SC knee condition to bilateral 20/10% from 0% dating back to 1988, added Tinnitus 10% plus IU; April 2012 New Claim closed January 14, 2014, awaiting Notice of Decision.
              
Reply

HelloWork
.
.
Joined: 04 Feb 2009, 01:14

27 Feb 2010, 00:34 #33

The G Man wrote:Thanks hell its worth a shoot...I have had issues since i got back from there in 91...Just gave up because I and others in unit were getting blown off....
A Marine WWII Vet explained to me that because my claim was during the Reagan/Bush Era, everyone in that Era was tossed under the bus.
My Brain is Not Fried: it is Well Done!

FYI: 50% from 30% Myofascial Pain, %20 Left Shoulder Impingement Syndrom; 10% Painful Surgical Scar; Pending Increase for Secondary issues -Chronic PTSD, MDD, Sleep Disorders--Sleep Apnea and Restless Legs, Chronic Headaches/Dizziness, Peripheral Nerve Pain, SC Surgical 5" with Bone Transplant residual Nerve Pain,Bi-lateral Shoulder Impingement (one original injury site, second compensation overuse), Cervicalgia (C6 Annualar Tear and Herniated C7) in Rating Board since April 27, 2009: Rated July 1, 2009; Official Letter-Rec'd July 6, 2009; NOD Secondary issues rating decision July 10, 2010; added items to NOD April 14, 2010; Awarded 10% for second Surgical Scar, totalling 60% SC; Awaiting NOD IU and other issues Decision from DRO. C & P June 5, 2012. January 8, 2014 SOC denied several secondary conditions, continued SC conditions, upgraded SC knee condition to bilateral 20/10% from 0% dating back to 1988, added Tinnitus 10% plus IU; April 2012 New Claim closed January 14, 2014, awaiting Notice of Decision.
              
Reply

pgwvet
h3
h3
Joined: 08 Jun 2008, 00:42

01 Mar 2010, 16:15 #34

HelloWork wrote:
CIWS1127 wrote:Long nightmare!

I was discharded in 94 with a dx of myofascial syndrom, this month I go for a C P on fibromyalgia and Chronic Fatigue Syndrome. I understand that they must treat myofascial syndrom the same as fibromyalga, is this correct? If so, then wouldn't I have service connection since they are one in the same? Currently rated 90% on several other issues and waiting for IU also.
Myofascial Pain is one item.
Fibromyalgia is another item (I heard it is difficult to get SC'd for but I do not know yet. I have not added it to my own claim for increase so far.)
Chronic Fatigue Syndrome is also another item.

However, I have read during my research over the past few years, that symptoms which could be included in Fibromyalgia could be lumped into a Fibromyalgia so Myofascial Pain could be lumped into Fibromyalgia.

In my Claim, Myofascial Pain was lumped into Cervical-Lumbar Strain. My Service Officer Rep. told me to add Degenerative Disk Disease. I have only started the paperwork to add that to my claim for increase. But I suspect that they will add it to my Cervical-Lumbar Strain Rating since I am asking for DDD for my Neck and Back.
Fibromyalgia and Chronic Fatigue Disease Overlapping Symptoms
Fibromyalgia and chronic fatigue syndrome are very similar illnesses. In fact, up to 70% of their symptoms overlap. Overlapping symptoms include:
  • muscle pain
  • fatigue
  • irritable bowel symptoms
  • cognitive dysfunction
  • sleep disorders
: Concurrent Disorders
It is possible to suffer from both fibromyalgia and chronic fatigue syndrome at the same time. In fact, between 20% and 30% of fibromyalgia sufferers have chronic fatigue. 35% of chronic fatigue patients also have fibromyalgia. It has been theorized that chronic fatigue syndrome is actually a sub-disorder of the fibromyalgia syndrome.

A CFS diagnosis should be considered in patients who present with six months or more of unexplained fatigue accompanied by other characteristic symptoms. These symptoms include:
  • cognitive dysfunction, including impaired memory or concentration
  • postexertional malaise lasting more than 24 hours (exhaustion and increased symptoms) following physical or mental exercise
  • unrefreshing sleep
  • joint pain (without redness or swelling)
  • persistent muscle pain
  • headaches of a new type or severity
  • tender cervical or axillary lymph nodes
  • sore throat
Other Common Symptoms

In addition to the eight primary defining symptoms of CFS, a number of other symptoms have been reported by some CFS patients. The frequency of occurrence of these symptoms varies among patients. These symptoms include:
  • irritable bowel, abdominal pain, nausea, diarrhea or bloating
  • chills and night sweats
  • brain fog
  • chest pain
  • shortness of breath
  • chronic cough
  • visual disturbances (blurring, sensitivity to light, eye pain or dry eyes)
  • allergies or sensitivities to foods, alcohol, odors, chemicals, medications or noise
  • difficulty maintaining upright position (orthostatic instability, irregular heartbeat, dizziness, balance problems or fainting)
  • psychological problems (depression, irritability, mood swings, anxiety, panic attacks)
  • jaw pain
  • weight loss or gain
Clinicians will need to consider whether such symptoms relate to a comorbid or an exclusionary condition; they should not be considered as part of CFS other than they can contribute to impaired functioning.
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
Reply

garysgang
.
.
Joined: 14 Feb 2007, 17:40

12 Mar 2010, 22:12 #35

I retired in July 2005 in GA and then moved to the UK in 2006 before having a medical completed. I had my first determination completed in 2006 with the VA doing a records only determination. I received a 60% rating (SA and tinitus).  After writing back and forth with the overseas office, I finally got my physical completed in London in Nov 2009. I'm waiting on the outcome from the VA to see if my rating will be increased. It has never been asked if I had spent time in the GW AOR. I know before I went over I didn't have anywhere near the problems medically that started coming up after I came back (2003). I never had SA previously and I was in a location where everything was burned. Would I need to put in another letter to the VA to get items tied to GWS? Any help from my fellow vets would be greatly appreciated.Image
Reply

willoclan
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Joined: 01 Sep 2009, 19:33

13 Mar 2010, 15:31 #36

What was your occupation in the military.
Reply

garysgang
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Joined: 14 Feb 2007, 17:40

17 Mar 2010, 13:11 #37

4 years as a Medical Material Specialist, 24 as an Air Traffic Controller all in the USAF
Reply

willoclan
.
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Joined: 01 Sep 2009, 19:33

17 Mar 2010, 17:45 #38

[font='TREBUCHET MS', SANS-SERIF]Maybe this infor will help you better understand the Ocupational hazards you were exposed too.

Good Luck!

VA Awarded Claim for Eye injury
Noted Cause Extreme vibration and sound
trauma

Citation Nr: 0329473
Decision Date: 10/29/03 Archive Date: 11/05/03

DOCKET NO. 00-16 595A ) DATE
)
)

On appeal from the
Department of Veterans Affairs (VA) Regional Office (RO)
in Waco, Texas

In a letter, dated in September 1998, J. Barad, M.D, Chief of
Ophthalmology Services, USAF Academy, indicated that he has
treated the veteran for the past two years. The doctor noted
that his extensive ocular history is significant for
bilateral pseudophakia from premature cataracts necessitating
three intraocular procedures and bilateral retinal
detachments requiring other laser retinopexy and scleral
bucking procedures. Dr. Barad stated that is was very
unusual for a man to have such a history at such a young age,
in the absence of a positive family history for similar
condition. He further opined that in situations such as
these, environmental factors must be considered. The doctor
said he felt that the veteran’s retinal detachments may be,
in some way, related to the extreme vibration and sound
trauma experienced during his active duty service exposure to
tank engines and armaments.

Complete http://www4.va.gov/vetapp03/Files/0329473.txt

 

[/font]
Reply

xabachay
.
.
Joined: 28 May 2010, 15:23

28 May 2010, 15:23 #39

pgwvet wrote:
PyschoSiegfried wrote:Great Post.....


I'm currently fighting with the VA on "Gulf War Illness"

They have given me 70% SC for my PTSD but seem very reluctant to give me anything for my claims of

Fibro
Joint Pain
COPD
Asthma
Arthritis
Skin Issues {rashes and such}

and others

even though i have diagnosed BY THEM and civilian Doctors over the past 15 plus years......

i have been with the DAV for years but am considering a Civilian Lawyer to fight this one.........
If you want hep try writing the national Gulf War Resource Center.  HQ@ngwrc.org
They can help you and teach your rep how to write you NOD.

Here is an example of what we do on this type of problem:

 

v           Denial of SC for Chronic Fatigue Syndrome (CFS):

§         This denial I disagree with; since CFS is a presumptive under the Benefits Expansion Act of 2001.  In the my Gulf war exam dated ******, the I was diagnosed with two presumptive illness that falls under this act and this is one of them. 

§         The ruling here goes against the CAVC case of Gurierrez v. Principi in that you erred by imposing a nexus in this illness. Also the court found that under sec. 1117 the veteran only needs to show any claimed illness only needs to manifest to the degree of 10% or more before the end date.  That date is now set at Dec. 31, 2011.

§         In accordance with the act the veteran is to be granted SC for the CFS as do to his service in the gulf war since it has manifested before Dec. 31, 2011.

§         The CAVC stated "[A]s 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)

 

v           Denial of SC for Irritable Bowel Syndrome (IBS): 

§         This denial is also wrong for IBS is also a presumptive under the Benefits Expansion Act of 2001.  It was also wrong to group the IBS in with the veterans Gastroesophageal reflux disease (GERD) since they are not the same.  IBS affects the GI track and GRED is a disease of the esophagus.  The grouping of the veterans IBS with his GRED was wrong and is not supported by medical research.

§         The ruling here goes against the CAVC case of Gurierrez v. Principi in that you erred by imposing a nexus in this illness. Also the court found that under sec. 1117 the veteran only needs to show any claimed illness only needs to manifest to the degree of 10% or more before the end date.  That date is now set at Dec. 31, 2011.

§         In accordance with the act the veteran is to be granted SC for the IBS as do to his service in the gulf war since it has manifested before Dec. 31, 2011.

§         The CAVC stated "[A]s 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)

 

v           Denial of SC for Muscle and Joint pains do to Service in the Gulf War.

Ø      You erred on this denial by not addressing the ruling under section 1117 for his gulf war claim.

Ø         By stating that there was no reports of test showing he had any problems goes against the CAVC case in where: The U.S. Court of Appeals for Veterans Claims concluded in

Gutierrez v. Principi, that it was error for the Board of Veterans' Appeals to conclude "that the failure of the laboratory tests and studies to diagnose an illness was evidence against" the veteran's section 1117 claim. Rather the Court found that the failure of laboratory tests to identify the cause of his reported symptoms supported his claim for an undiagnosed illness. Under 38 C.F.R. § 3.317 (2005) a qualifying condition is one that "[b]y history, physical examination, and laboratory tests cannot be attributed to any known clinical diagnosis."

Ø      The CAVC stated "[A]s 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)

Ø       

v          SC for Dermatitis of Uncertain Etiology:

Ø      The veterans Gulf War exam shows the veteran suffers from dermatitis and has so for some time.  Under 3.317-1 §3.317 -- Compensation for certain disabilities due to undiagnosed illnesses 3.317-1, problems relating to the skin of  Uncertain Etiology is to be  SC as long as it has manifested on or before 31 Dec, 2011.

Ø      The CAVC case of NEGRON-JIMENEZ 08-0168 fulfilled the statute of 38 C.F.R. § 3.317 (2005)

 



Well, I wish I'd known this 2 years ago when I got denied on the same things. Unfortunately, I had moved from where I had an outstanding service rep, who helped me get my PTSD rated at 70%, T&P + uneployability.

my thing is, is there a way that they can take anything away if I do try to fight to get this all recognized?
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branman
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Joined: 26 Jul 2010, 07:05

26 Jul 2010, 07:05 #40

I have finally realized that I need to file a claim after 19 yrs.  I was in field artillery unit as a light wheel vehicle mechanic 63B and have so many symptoms that I can't ignore it any longer.  I have white patches all over my body including my face and head that I did not have before I went in the service.  My muscles hurt progressively worse now, extremely exhausted after activities and it just wipes me out for a day or two, I can't sleep good and often have nightmares and often depressed because of my conditions.  My brother in law is receiving benefits because he was in my same unit and have some of the same symptoms.  I want to know if I am to use a VA doctor of which I do have an appt. for my skin on the 5th of Aug. or should I also use a private doctor or get a IBE?  I have already consulted with a private lawyer for benefits and don't mind paying for their services because this is a huge undertaking that I have no knowledge on.  Any of your guys who have gone through it and have been successful with getting your benefits comments and suggestions would be highly appreciated.  Wish me luck because I know that this is a long battle to fight.
SSDI awarded,
70% PTSD  , 40% Fibromyalgia, 30%IBS= Total Awarded 90% Granted 100% P&T
 
One Does Not Have To Be Evil To Do Evil Because Good Men Only Have To Say Nothing Or Do Nothing...

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Peace and always much unadulterated Love
Thanks For Your Service
Branman
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