Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Nod, Helping A Friend. Need Feedback

Rate this question


Scout Swimmer

Question

I am writing this statement in support of claim for my asthma contention that is currently on appeals

I would like this claim to be considered as a Presumptive condition related to environmental hazard, Gulf War. "The "Persian Gulf War Veterans' Benefits Act" authorizes VA to compensate any Gulf veteran suffering from a "qualifying chronic disability," resulting from an undiagnosed illness or combination of undiagnosed illnesses, appearing either during active duty in the Southwest Asia theater of operations during the Gulf War, or to a degree of 10 percent or more within a presumptive period following service in the theater. I feel am entitled to this benefit because I was stationed in Oman in 2002 for Operation Enduring Freedom, which is specifically listed under the Southwest Asia of Operations.

Also, when I was denied for asthma on my original claim, the C&P examiner denied me on a direct connect bases and opined that I did not have an asthma condition and that I just suffered from Sinusitis. This is an error because 1) I suffer from both. 2)Both should be presumptive under CFR 38 3.317/ http://ecfr.gpoacces....1.1.4.1.66.115.

My Sinusitis is secondary to my asthma,and I wish to be rated as such. I also submitted a diagnosis of asthma from an IMO with my initial claim, which is a qualifier needed for The "Persian Gulf War Veterans' Benefits Act.

I feel I should be granted for these two contentions because I have no family history of this condition. I am not overweight, I have never used tobacco products of any kind. I believe both conditions are due to these environmental conditions listed above.

Thank you for your time and for all you do.

Respectfully Submitted,

Edited by Tbird
Link to comment
Share on other sites

Recommended Posts

  • 0

Can you scan and attach the decision being appealed ,here at hadit?

(cover the C file number, name, address etc.)

Link to comment
Share on other sites

  • 0

Do any of your DX's fall in to the PGW presumptive period? For Nam Vets, it was 1 year after discharge. Then came the AO Presumptive List. only 1 or 2 of the 12 or so had to get a 10% rating within the 1st year after discharge or return from Nam.

Give thought to Blacking out your personal info on Scanned Attachments. Semper Fi

Gastone

Link to comment
Share on other sites

  • 0

Looks to be well written to me bud. Can you or Berta show a Link where I can click and see what the Presumptive Gulf War illnesses are. Thanks in advance

Link to comment
Share on other sites

  • 0

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use