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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
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That is a problem with the way the claim was prepared (in my opinion) but I am just guessing because we don't have the denial to read.

I have not been able to find anything at the BVA to help......

This claim from a GWV in part is for asthma.


On the issues of service connection for a respiratory
disorder ("asthma"), recurrent and chronic right ear
"earaches," and a swallowing disorder characterized by "sore
throats," the veteran has expressed his belief that such
problems are due to his participation in the Persian Gulf
War. However, as noted above, an award of compensation is
indicated only where it is shown that the veteran exhibits
objective indications of chronic disability resulting from an
undiagnosed illness or combination of undiagnosed illnesses
which became manifest either during active duty in the
Southwest Asia Theater of Operations during the Persian Gulf
War, or to a degree of 10 percent or more within a
presumptive period following service in the Southwest Asia
Theater of Operations during the Persian Gulf War. 38 C.F.R.
§ 3.317 (1998). While in the case at hand, the veteran
served in the Southwest Asia Theater of Operations during the
Persian Gulf War, there is no indication that, during such
service, or at any time thereafter, he suffered from an
"undiagnosed illness" or combination of illnesses leading to
chronic disability. To the extent that, while in service,
the veteran received treatment for what was at that time
described as "asthma," he did not, in fact, suffer from an
"undiagnosed illness." Moreover, following a rather
extensive private examination in November 1996, there was no
evidence of any exercise-induced asthma, nor was it felt that
the veteran had any need for inhalation therapy. On recent
VA Gulf War examination in January 1999, the veteran's lungs
were clear to both auscultation and percussion, and there was
no evidence of pulmonary disease either by radiographic
studies or pulmonary function testing. Based on such
findings, the Board is of the opinion that the veteran
exhibits no objective indications of chronic respiratory
disability resulting from an undiagnosed illness or
combination of undiagnosed illnesses. Nor is it demonstrated
that the veteran at present suffers from a chronic
respiratory disorder of any kind. Under such circumstances,
his claim for service connection is not well grounded, and
must be denied."

http://www.va.gov/vetapp99/files4/9930464.txt

I think the issue in your case is that this vet's asthma and sinititus have been 'diagnosed' conditions.

Was the claim filed for direct service connected as well?

Are their entries in their SMRs to support the condition, as well as continuous medical care to support a chronic condition?

Your NOD stated:
"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.

Did the IMO contain references to the SMRs or a full medical rationale as to what environmental agents inservice had caused ," at least as likely or not", the diagnosed and claimed conditions' ?

Veterans have been service connected directly for asthma, as in this case:
http://www.va.gov/vetapp14/Files6/1449559.txt

But I cannot find anything that would definitely put this claim under "respiratory" within the Gulf War Regulations.

Claims should raise every potential theory of entitlement.

I dont know if this veteran raised a direct service connected issue or not , meaning the claim might be locked into the Gulf War presumptive regulations.

and the denial would tell us more.

if the VA listed the IMO as evidence , the IMO did not help the claim.

Edited by Berta
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Definitely better off trying to tie to some sort of diagnosis in the SMRs as a reasonable first step. If that's not possible, then, by all means, try the Gulf War presumptive card. As always, it's best to get a specialist, like a pulmonist, to make this call in writing rather than the veteran trying to make the connection on his own.

Also read somewhere on line recently that exposure to deisel exhaust - which is from really anything that isn't gasoline powered from ships to trucks to tanks to aircraft - has an impact on DNA which is somehow related to asthma. Can't find the article now, but that could be another angle if you were exposed to a lot of exhaust. For instance, if you were often to occassionally topside on a ship and the exhaust blew down on you for some period of time, you were exposed. If you were on a flight line with jet engines, at some point you were down wind sucking in those fumes from super refined diesel fuel. Just throwing this out as an option. Haven't checked the BVA database to see if this argument has been successful in the past.

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Here is the kick in the Groin with the Gulf war ilness.. Most of the issues are for " undiagnosed ilnesses".. this is how the shell game goes.. If a veteran comes in claiming gulf war ilness they will put a label on your problem. Surprise!! now the veteran no longer qualifies because it is no longer an " unknown ilness".

This is the big lie. Early on, by denying the veteran has problems like asthma, sleep problems, joint pain , memory problems , ect.

The Va decided that they would just say that there is something going on, but we cant put our finger on this widespread, multi symptom ilness so we will just call whatever the veteran has as possible gulf war ilness, BUT, if the veteran comes in complaining of one or more of the symptoms, THEN we will diagnose them individually, say they are not service connected, and deny the veteran.

Pretty slick huh? HEADS YOU LOSE TAILS THEY WIN..

Heres how you win though.. If you have several symptoms that fall under the "desert storm unknown illness presumptive list"

then they legally must give you the benefit of the doubt. You have to use thier own propaganda to beat them.. Go back to the beginning where they say... THERE ARE LOTS OF COMMON SYMPTOMS, BUT WE DONT HAVE A NAME FOR A PARTICULAR WIDE SPECTRUM DISEASE OR DISORDER.!! WE SHALL CALL IT DESERT STORM ILLNESS,,

Phi if you dont understand exactly what I mean here Pm me,

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Berta, the only thing that makes me scratch my head about it, is weather or not asthma and sinusitis falls under "respiratory problems" under the undiagnosed illness section. Otherwise I think she fits into it perfectly.

its divide and conquer my friend.... If the va refuses to acknowledge the veteran even has a problem, there is no way to allow for consideration of a cluster of symptoms... If the VA is pushed into a corner where they absolutely cannot refute the evidence any longer, they will simply say,, its a diagnosed illness there for you do not qualify.. The scam works in thier favor no matter what you do..

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How congress let this SCAM of a regulation be approved is a travesty.

Most of us Persian gulf vets are now in our 40s and 50s, so if they can keep thier scam going anouther 10 to 20 years , there likely wont be many of us left.

Edited by 63SIERRA
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Do you all recall a while back when undersecretary was meeting with a panel of medical professionals trying to get them to stop calling it Gulf war illness ? Now why would they want to do this? To gradually deny it exists by renaming it and ignoring it?

Kind of like governments calling Mass Genocide

" ethnic clensing" ?

Why are they trying to close the door on the persian gulf war so hard? what do they know?

Why has not One persian gulf veteran been followed up by thier gulf war examination physician?

They want to collect the data, but not in a way to help veterans.

It is sickening.

http://www.marinecorpstimes.com/article/20140422/BENEFITS04/304220036/Top-VA-official-questions-use-term-Gulf-War-illness-

Edited by 63SIERRA
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