VSO say no GW presumptive exist in VA

VSO say no GW presumptive exist in VA

SCaro72
.
.
Joined: 08 Aug 2017, 00:33

14 Oct 2017, 18:19 #1

Yesterday I was at my VSO Office, filing for my Fibromyalgia Claim. While reading my "Statement in Support of Claim", she told me that there was no VA policy for any Gulf War presumptive of any illnesses. When I told her what it stated on the VA website, as well as numerous other places, she told me she knew what was out there and that even though it say that, VA does not ever go by, nor use the presumptive. She saw Ididn't really believe her, so she went over and her Boss, who has been doing this a lot loger and he too explained tried to explain to me that the VA does not reconized nor go by what they post on their website. He said the only thing at this time the VA reconizes as any sort of presumptive is "Agent Orange" for the Nam Vets. My statement was typed like this;

I am filing a claim for disability for a medically unexplained chronic multisymptom illness known as Fibromyalgia with Chronic Fatigue Syndrome, due to my service in the Gulf War, as I am a Gulf War Veteran, as shown by my Kuwait Liberation Medal (SWA Campaign Medal). My Fibromyalgia with CFS is a presumptive illness to my service as per 38 CFR §3.317(a) (2)(i)(B)(1,2).

They told me that this part of my statement would be useless to the VA. I have read many approved claims, even all the way up the the DC appeals by VA Judges, where they too have used this and it was verifieds as true. I have watched numerous YouTube Videos coducted by VA Layers, VSO, Vet ect..., they all to say they either used it or tell us to use it. What is the truth here? I am sort of skeptial of my VSO claims, as they didn't even know there was any deadline for filing presumptive Service Connection for GW Vets, untill I showed them.. Which would also mean to me, they aren't even aware of any presumptiveness that tags along with that deadline.
Reply

SCaro72
.
.
Joined: 08 Aug 2017, 00:33

14 Oct 2017, 18:29 #2

Yesterday I was at my VSO Office, filing for my Fibromyalgia Claim. While reading my "Statement in Support of Claim", she told me that there was no VA policy for any Gulf War presumptive of any illnesses. When I told her what it stated on the VA website, as well as numerous other locations, she told me she knew what was out there and that even though it say that, VA does not ever go by, nor use the presumptive. She saw I didn't really believe her, so she went over and her Boss, who has been doing this a lot loger and he too explained tried to explain to me that the VA does not reconized nor go by what they post on their website. He said the only thing at this time the VA reconizes as any sort of presumptive is "Agent Orange" for the Nam Vets. My statement was typed like this;

I am filing a claim for disability for a medically unexplained chronic multisymptom illness known as Fibromyalgia with Chronic Fatigue Syndrome, due to my service in the Gulf War, as I am a Gulf War Veteran, as shown by my Kuwait Liberation Medal (SWA Campaign Medal). My Fibromyalgia with CFS is a presumptive illness to my service as per 38 CFR §3.317(a) (2)(i)(B)(1,2).

They told me that this part of my statement would be useless to the VA. I have read many approved claims, even all the way up the the DC appeals by VA Judges, where they too have used this and it was verifieds as true. I have watched numerous YouTube Videos coducted by VA Layers, VSO, Vets ect..., they all too say they either used it or tell us to use it. What is the truth here? I am sort of skeptial of what my VSO claims, as they didn't even know there was any deadline for filing presumptive Service Connection for GW Vets, untill I showed them.. Which would also mean to me, they aren't even aware of any presumptiveness that tags along with that deadline.
Reply

BROVET
.
.
Joined: 17 Apr 2006, 19:42

14 Oct 2017, 18:49 #3

Refer them to the VA's webpage on the topic:

https://www.benefits.va.gov/COMPENSATIO ... ulfwar.asp
 

   
      
      A Co. 2nd/2nd
      1st Infantry
      11/66-11/67     
Reply

SCaro72
.
.
Joined: 08 Aug 2017, 00:33

14 Oct 2017, 19:15 #4

BROVET wrote: Refer them to the VA's webpage on the topic:

https://www.benefits.va.gov/COMPENSATIO ... ulfwar.asp
I showd them a print outcopy of it. They said they were aware of it, but itwas wrong orjust not used. Thanks for replying.
Reply

Retired TopKick
.
.
Joined: 20 Aug 2012, 04:13

14 Oct 2017, 19:34 #5

Moved To Gulf War Ilness Forum
Retired TopKick
100% P&T + SMC-K
States Army (1974-2002)

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

Cpt Geo
.
.
Joined: 16 Nov 2008, 00:20

14 Oct 2017, 22:09 #6

Back in 2008, I had almost the same discussion with a county paid VSO in Pennsylvania. She even went as far as to tell me the care I had received by the VA (including the Gulf war registry exam), I was not eligible for, and should expect a bill for the full amount of the care. Being all but broke at the time, I could not travel to any other VSO that I could find, So I studied up, and handled everything myself. After a few mistakes in my wording, and a bad medical examiner, I was awarded 100%, back to the date I filed on line, (Oct 2008). And since have been deemed P&T.

My only major mistake was not filing for the life insurance within the 2 years or what ever it is from the date of a new award. And not filing a complaint against the VSO, and C&P doc. I do know the Doc has at least left that VA.

There is plenty of bad & lazy VSO's out there, Even if you find one you like, do your own homework. Break your information down to each ailment. Keep a folder of each, which has copies of tests done to rule out other things, medications that you have been prescribed for each, diagnosis, how each affects your life, work, and daily activities, ect.

Think of the C&P as going to court, be prepared to cover each symptom of each ailment. Have copies of medical notes so that you can get to them easily, then the C&P doc can look in the official file, and find what he/she needs. Be prepared, help the, do their job, and you will likely walk out with a smile, instead of anxiety.

Ask away, there is many great folks here that will help you all they can, just need to ask.
Reply

SCaro72
.
.
Joined: 08 Aug 2017, 00:33

14 Oct 2017, 23:15 #7

Cpt Geo wrote: Back in 2008, I had almost the same discussion with a county paid VSO in Pennsylvania. She even went as far as to tell me the care I had received by the VA (including the Gulf war registry exam), I was not eligible for, and should expect a bill for the full amount of the care. Being all but broke at the time, I could not travel to any other VSO that I could find, So I studied up, and handled everything myself. After a few mistakes in my wording, and a bad medical examiner, I was awarded 100%, back to the date I filed on line, (Oct 2008). And since have been deemed P&T.

My only major mistake was not filing for the life insurance within the 2 years or what ever it is from the date of a new award. And not filing a complaint against the VSO, and C&P doc. I do know the Doc has at least left that VA.

There is plenty of bad & lazy VSO's out there, Even if you find one you like, do your own homework. Break your information down to each ailment. Keep a folder of each, which has copies of tests done to rule out other things, medications that you have been prescribed for each, diagnosis, how each affects your life, work, and daily activities, ect.

Think of the C&P as going to court, be prepared to cover each symptom of each ailment. Have copies of medical notes so that you can get to them easily, then the C&P doc can look in the official file, and find what he/she needs. Be prepared, help the, do their job, and you will likely walk out with a smile, instead of anxiety.

Ask away, there is many great folks here that will help you all they can, just need to ask.
Thank you for the insight and reply. I am starting to see and feel I will more than likely have to handle this on my own.  The VSO was very impressed with the way I turned in my packet with highlights, chronological order, tabs, as well as the knowledge I showed there. Heh, I was afraid it wasn't even close to good enough, but she said she wished more Vets would take the time to study and gather their Medical evidence and put it forth as well as I did. You'd be amazed at the half-wit ways they have come in, she claimed.

Guess it's going to be all on me from here out to do even more studying on the Forms I need to sumitt and how best to fill them out. Joy, joy!
Reply

Nick
.
.
Joined: 27 Feb 2011, 02:04

15 Oct 2017, 01:23 #8

Moved to GW forum.

I don't know if this is miscommunication or if this VSO really doesn't understand but point out to them the provisions of 38 CFR 3.317.  You can use another VSO.

"(a) Compensation for disability due to undiagnosed illness and medically unexplained chronic multisymptom illnesses. (1) Except as provided in paragraph (a)(7) of this section, VA will pay compensation in accordance with chapter 11 of title 38, United States Code, to a Persian Gulf veteran who exhibits objective indications of a qualifying chronic disability, provided that such disability:

(i) Became manifest either during active military, naval, or air service in the Southwest Asia theater of operations, or to a degree of 10 percent or more not later than December 31, 2021; and

(ii) By history, physical examination, and laboratory tests cannot be attributed to any known clinical diagnosis.

(2)(i) For purposes of this section, a qualifying chronic disability means a chronic disability resulting from any of the following (or any combination of the following):

(A) An undiagnosed illness;

(B) A medically unexplained chronic multisymptom illness that is defined by a cluster of signs or symptoms, such as:

(1) Chronic fatigue syndrome;

(2) Fibromyalgia;

(3) Functional gastrointestinal disorders (excluding structural gastrointestinal diseases)."



I suggest that you read the entire section

https://www.ecfr.gov/cgi-bin/text-idx?S ... 7&rgn=div8
Nick
USAF RETIRED
100% P&T
100% CRSC

Complete layman - not a VSO and not a VA employee.
Reply

Tnand20fans
.
.
Joined: 20 Aug 2014, 18:20

15 Oct 2017, 01:44 #9

In my opinion, I would look for another VSO ASAP.
Reply

Nick
.
.
Joined: 27 Feb 2011, 02:04

15 Oct 2017, 02:19 #10

Two duplicate topics were merged into one with the posts arranged in date order.
Nick
USAF RETIRED
100% P&T
100% CRSC

Complete layman - not a VSO and not a VA employee.
Reply

SCaro72
.
.
Joined: 08 Aug 2017, 00:33

16 Oct 2017, 12:15 #11

Thanks Guys, I figured what I have been reading for the last two years was correct and my VSO was wrong. As I said before, they didn't even know there was cutut off date for this last year. I had to show them. They claimed they only know what the VA sends out.

I'm gonna contact the VSO's at the VAMC and maybe they can reach out to the ones in my local area to help them understand this? No telling how many other GW Vets did not recieve the proper help from these two?

They wanted to file my Fibro just as that, with no GW language, and didn't even want to file my IBS.
Reply