Dr_Dave

I think you're good to go, but file your claim now, or very soon in any case.

My hearing loss was connected to radio noise. I was in an MOS where I was constantly listening to radio frequencies with static, telephone, voice, teletype, and such. I also had to use different types of headphones that were of poor quality. I documented over 240,000 hours of this use. coupled with my poor audiological testing results, I established service connection.

You got some good advice and directions to information so far from others. What I didn't see anywhere in your email was anything that said for sure if you were or were not a Gulf War Veteran. That makes a big difference. If you are a GWV, then the presumptive conditions apply and it's an entirely different ball game. If you're not a GWV, then you have to prove direct service connection and it's a more difficult path. There are a ton of great websites to get information from, but I'd recommend looking at Cort Johnson's Health Rising site for some non-biased information that will keep you up to date on what's happening in the community. You will also find links to other sites there. https://www.healthrising.org Good luck and let me know if you need some more specific information. Dr. Dave

I'm not the biggest expert on this Gunny, but I'll tell you what I think, and others can chime in. I'll also tell you where to go for the BEST advice on your question. First, I feel ya about being confused and lost filing that first GWI claim and not knowing what the hell was going on. I did the same thing, and in fact it's been 9 years and my first GWI claim has been denied completely numerous times and is waiting in line for the first shot at the BVA. I have no doubt it will take many more years, and that I'll be dead before it's resolved. I don't really see anything in your first claim that would connect to fibromyalgia (FM) that would justify you asking to reopen the claim with your new evidence. But you could tie it to your shoulder pain and sleeplessness, so if you want to try that, you probably could. If you don't care about the effective date, a new claim would work just as well. FM is a presumptive under 38 CFR 3.317 as a "Medically Unexplained Chronic Multisymptom Illness." As long as your doctor and you can show that it is FM and not something else (although that diagnosis from the expert rheumatologist would be much more helpful), that it is at least 10% or more disabling, and that it has lasted 6 months or more (chronicity), then it should be presumed as a CMI under this section. That means you can claim it connected to the previous claim, if you can tie it to that claim, or file it as a new claim, since it has surfaced prior to the closing date selected by the Secretary of the VA (31 Dec 2021). For the best help, go to the Self Help Guide at the National Gulf War Resource Center (NGWRC) Hope this helps. Dr. Dave 2017-ngwrc-gulde.pdf

You can thank Anthony Hardie of the Veterans for Common Sense (http://veteransforcommonsense.org/) for helping to force VA to agree to release Gulf War claims data many years ago and continuing that pressure even now. You can thank Ron Brown and the National Gulf War Resource Center (http://ngwrc.org/) for working politely, but doggedly, with Sec. MacDonald and Sec. Shulkin and their senior staffs on getting specific information about Gulf War claim denials on UDX and CMI claims, relooks at numerous claims samples, and internal VA actions (although they haven't borne much fruit to date). Anthony Hardie will be testifying at the Congressional hearing this week on Gulf War Claims denial rates on Thursday, July 13 https://veterans.house.gov/calendar/eventsingle.aspx?EventID=1802 . Dr. Dave

That totally sucks, Gunny, and I wish I had some great trick up my sleeve to tell you about. Sadly, your story sounds too much like so many of the stories here with the same substance. The different answers from different people - all just to get you off the phone. The delays with no progress and no apparent reason for it. The obvious injuries that they just can't seem to fathom as being service-connected, and the presumptives that aren't. All I can tell you is just keep fighting and don't let the bastards get you down. Their goal is to wear you down so you'll just quit. The more they can get to quit, the less work they'll have to do, the less money the government has to pay out, and the fewer complaints that go on the record.

The most important thing you need to know about GWI claims is the law, 38 U.S.C. Section 1117 which is codified in 38 CFR 3.317 by the VA. This is all taken from that CFR section, and I've put a link to it at the bottom. It is the only rule that matters. Also at the bottom is a link to the National Gulf War Resource Center (NGWRC). They are the single best resource for finding information on filing GWI claims, especially in their Self Help Guide. There are really only two things you can claim related to Gulf War Illness (1) a medically unexplained chronic multisymptom illness (such as IBS, chronic fatigue syndrome, or fibromyalgia), or (2) an undiagnosed illness. "...signs or symptoms which may be manifestations of undiagnosed illness or medically unexplained chronic multisymptom illness include, but are not limited to: (1) Fatigue. (2) Signs or symptoms involving skin. (3) Headache. (4) Muscle pain. (5) Joint pain. (6) Neurological signs or symptoms. (7) Neuropsychological signs or symptoms. (8) Signs or symptoms involving the respiratory system (upper or lower). (9) Sleep disturbances. (10) Gastrointestinal signs or symptoms. (11) Cardiovascular signs or symptoms. (12) Abnormal weight loss. (13) Menstrual disorders. Shortlink to 38 CFR 3.317: https://goo.gl/8wyOaQ Link to NGWRC: http://www.ngwrc.org/guide/ngwrc-guide.html

You can try calling the VA Benefits Hotline at 1-800-827-1000

PlumbBob: Do NOT claim "Gulf War Illness" as your disease. You need to claim each issue separately, but say they were connected to the Gulf War, so something like "IBS as a presumptive condition for exposures during my Gulf War service" or something like that. My very best advice is to take the time to do it right the first time, and take a look at the Self-Help Guide on the website for the National Gulf War Resource Center. It is the very best and most updated guide to getting claims done for GWI. You can find it here: http://www.ngwrc.org/guide/ngwrc-guide.html Best of luck. Dr. Dave

Absolutely you can apply to the VA for this condition as a presumptive condition from your Gulf War service. Your best bet is to refer to the Self Help Guide on the National Gulf War Resource Center's website at http://www.ngwrc.org/guide/ngwrc-guide.html and look at Chapter IV to see about Fibromyalgia. That should be very helpful for you. I always recommend you find an advocate to help you when you're ready to file your claim - someone from one of the national service organizations (VFW, DAV, AMVETS, American Legion, PVA, VVA), or an advocate from your state or county veterans office. These folks can help you get your forms done correctly, ensure you use the correct wording in your claims, and get the paperwork to the right places in the VA. They can also help track your claim with access to internal VA systems you won't have. Good luck!