Nptice to Examiners on Desert Storm Presumptive conditions

Nptice to Examiners on Desert Storm Presumptive conditions

Kilino
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Joined: 03 Jan 2016, 15:33

29 Sep 2017, 14:04 #1

I believe the VA issued a Notice to Examiners concerning C&P for Desert Storm Presumptive conditions. Does anyone know about this Notice to Examiners. There were many examiners that were just opining non-service connected disabilities for Desert Storm presumptive conditions just because there was no in-service record of the conditions being treated during AD.  Please help,
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Nick
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Joined: 27 Feb 2011, 02:04

06 Oct 2017, 17:21 #2

Raters make decisions on claims -- not medical examiners. If a condition is a presumptive and proof of appropriate service exists, the medical examiners opinion on service connection is immaterial nor is there any reason for the medical examiner to know anything about presumptive lists.

Perhaps if you clarified your questions?
Nick
USAF RETIRED
100% P&T
100% CRSC

Complete layman - not a VSO and not a VA employee.
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DirtSailor3
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Joined: 22 Sep 2016, 04:01

06 Oct 2017, 22:40 #3

Nick wrote: Raters make decisions on claims -- not medical examiners. If a condition is a presumptive and proof of appropriate service exists, the medical examiners opinion on service connection is immaterial nor is there any reason for the medical examiner to know anything about presumptive lists.

Perhaps if you clarified your questions?
IBS is supposed to be presumptive. Denied for me.
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Spunky
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Joined: 23 Sep 2013, 05:41

07 Oct 2017, 01:21 #4

It's important to know the Gulf war presumptives are no where near AO presumptives in relative "ease" to grant.

Gulf war presumptives and the requirements needed to grant them must meet all the hoops of 38 CFR 3.317.

The applicable fact sheets are provided to the examiner when an GW exam is requested.

See
IV.ii.1.I.10. through 13.
___________________
USAF (ret) 1991-2012
VBA Counselor 2014-2016
VBA RVSR 2016-current
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Retired TopKick
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Joined: 20 Aug 2012, 04:13

07 Oct 2017, 19:32 #5

Moved To Gulf War Illness Forum
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States Army (1974-2002)

"Never Make Anyone A Priority Within Your Life Whom Makes You An Option In Theirs!"
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