k5one

Subscription Holder
  • Content count

    74
  • Joined

  • Last visited

Community Reputation

22 Excellent

About k5one

  • Rank
    E-4 Petty Officer 3rd Class

Previous Fields

  • Branch of Service
    Air Force

Recent Profile Visitors

424 profile views
  1. http://www.ngwrc.org/docs/2016 SelfHelp Guidedraft.pdf this is a really good resource. read it.
  2. The examiner does not know how to do Gulf War C&P's. He is not supposed to give his opinion of whether or not it is related in Gulf War Claims. He is only supposed to look at the evidence of whether or not you were diagnosed, and the severity of your symptoms. Unfortunately most C&P providers do not know what they are doing. If you are denied, due to that then the person deciding the claim, also does not know what they are doing. Send in a NOD explaining that your diagnosed/undiagnosed conditions are presumed, so the C&P examiner's opinion of less likely than not does not matter. The only thing that matters is you are diagnosed, you were there, there is no known cause for your conditions and symptoms appeared before the deadline(which I believe is currently December 2016 but I expect it will be extended).
  3. Push your provider for a diagnosis for CFS and IBS if they are treating you for it.
  4. http://www.ngwrc.org/docs/2016 SelfHelp Guidedraft.pdf
  5. Thank You Asknod for all you do. I always enjoy your explanations. They are usually humorous as well as informative.
  6. Mine took less than a month from Atlanta. That was about a year ago.
  7. The DBQ needs to be completed by your physician. You can not complete it, if you haven't already found that out.
  8. Systemic Therapy is using drugs that affect the entire body. Most people use a topical cream or ointment such as cortisone. It only affects the area directly contacted by the cream/ointment. An example of a systemic treatment is a pill you take. It affects the entire body, not just the spots where the eczema is. In Cancer, Chemotherapy is a systemic treatment. It affects the entire body, not just the cancerous area.
  9. The guy who wrote this NOD is an expert in Gulf War claims. He is a disabled Gulf War Veteran and has testified in congress. He has helped change the laws concerning Gulf War Claims, and represents Gulf War veterans. He runs the website I linked above. I learned a lot from his website, and from information he has written in forums. Cut and paste it, and then change it to make it fit your situation. The top part of the NOD will be the same for any fibro claim. When you get to this part, The DBQ showed that I am diagnosed with Fibromyalgia and that the tests show mythyroid is fine. I have had all of the other test needed as well. I am on medicationand I am still in pain most all of the time. As per the rating guidelines I have metthe 40% rating. Change it to fit your circumstances. Every NOD will be different at this point, because everyone has different symptoms. I have also been going the private route with my claim. I have had too many problems with the VA, always trying to explain it to make sure I can't get service connected. My private physician looked at my history, and listened to my story. He did some research, ordered tests, and diagnosed me with CFS, Fibro, and IBS. Everything has been submitted, and now I am just waiting for the VA. I am now working on getting everything completed for my breathing problems, I do not have COPD or Asthma, but I have shortness of breath and other breathing issues, which my physician believes are neurological. When my current claim is completed, I am going to file for my breathing problems.
  10. OK, I believe the problem is that the C & P examiner gave a negative nexxus, which the rater used in the decision. In Gulf War presumptive claims, the C & P examiner is not supposed to give a nexxus, they are supposed to give an opinion of whether or not you have the disability. That may be a CUE, I'm not sure. The following was originally posted by pgwvet from http://www.ngwrc.org/ . I believe the key part is the red highlighted sentence. Like I said on the IBS sample this is the start. Only you the veteran can say about your symptom.The DBQ should have marked your meds are not working.This denial is in error, did not follow the law on Fibromyalgia on presumptiveillness under 38 U.S.0 § 1117 enacted in 2001 and as in 38 CFR § 3.317(a)(2)(B) (2)Fibromyalgia. A presumptive illness does not need a nexus to the service as perGutierrez v. Principi, 19 Vet.App. 1, 9 (2004)The RO did not follow the M21-1MR on how to do claims of this type as per.1. VA Training Letter 10-01 Adjudicating Claims Based on Service in the Gulf War andSouthwest Asia (We believe this needs updating and are working on it.)2. 38 CFR § 3.317 and 38 U.S.C. §§ 11173. M21-1MR, Part IV.ii.2.D ( how to rate a claim under 3.317)4. M21-1MR, Part IV.ii.2.D.i -Rating Action Taken Based on Disability PatternDetermination It states, "Grant service connection-"5. M21-1MR, Part IV.ii.l.E (developing GW claims under 38 CFR § 3.317)The rating specialist should not have relied on a medical opinion that was not to begiven as per the guide lines in the "notice to the Examiner" in the VA FL 10-01.As the notice state the examiner is only to give an opinion on out come 3 & 4, andNot 1 or 2, Fibromyalgia is defined in the law and in TL 10-01 as a medicallyunexplained chronic multisymptom illness.The rating specialist clearly did not follow the M21-1MR, Part IV.ii.2.D.i -RatingAction Taken Based on Disability Pattern Determination It states, "Grant serviceconnection-" I was clearly diagnosed with the illness.The DBQ showed that I am diagnosed with Fibromyalgia and that the tests show mythyroid is fine. I have had all of the other test needed as well. I am on medicationand I am still in pain most all of the time. As per the rating guidelines I have metthe 40% rating.
  11. Upload your denial on here, after covering the personal information. That will give us more to go on, and we may be able to give you more useful advice.
  12. Part of your problem may be that you have a Sleep Apnea Diagnosis. Sleep Apnea causes all of the symptoms of Fibromyalgia. You can have both, but the VA will deny Fibro and say that SA is causing the symptoms. You have to use the CPAP machine, and show that it is working, but you are still having the Fibro symptoms. Go to this link http://www.index.va.gov/search/va/bva.jsp and search Fibromyalgia. Read the decisions and it will give you a lot of information on why they deny or approve the claim. Also if you haven't already check out this self help guide. It gives a lot of good information. http://www.ngwrc.org/docs/2013 NGWRC Self-Help Guide.pdf
  13. If your physician won't complete the paperwork you need to find one that will. Were you in the Gulf War? If you were, all you need is a diagnosis to get connected. Having a physician state it is at least as likely as not won't hurt, but isn't a requirement. Check out http://www.ngwrc.org/docs/2013 NGWRC Self-Help Guide.pdf The NGWRC also has a couple of examples of NOD's. It will help you get started on that.
  14. It would be a good idea to see a private physician, who is not part of the VA. Get a diagnosis and an opinion about the IBS. Ask the physician to complete a DBQ. Submit all of that, and see what happens.
  15. I'm trying to do the same thing. I filed a claim about 15 years ago, and the state VA rep was my POA. He filed everything. Everything was denied, and I didn't appeal. I filed a claim 2 years ago, which is on appeal now, and have not even spoken to a representative. The VA still has the state rep as my POA. I sent a letter to them several months ago, revoking the POA, and they seem to be ignoring it. I will send another one at some point, i guess.