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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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VIOLLA

Hickey “was concerned that changing the name from CMI to GWI might imply a causal link between service in the Gulf and poor health which could necessitate legislation for disability compensation for veterans who served in the Gulf,” according to the email.

The statement appears to confirm what many ill Gulf War veterans have long suspected: VA has dodged references to Gulf War illness and research into the condition because officials fear a flood of new disability benefits claims and costly payouts — greatly complicating VA’s highly publicized goal to eliminate its backlog of benefits claims by the end of 2015.

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then .. Mind you, when caught she says..

well it wasnt meant to EXCLUDE gulf war vets it was meant to INCLUDE all vets who served in the middle east..

WHAT A BULLSHIT ARTIST..

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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.

I am not seeing where these conditions would be presumptive. They wouldn't be undiagnosed illnesses, because they have been diagnosed. And they don't appear on the list of presumptive ilnesses.

I think you would need something stronger than "I feel I should be granted for these two contentions because ____." If your IMO says the conditions are more likely than not service connected - point out what the doctor stated.

A condition does not have to be diagnosed or treated in service if medical evidence shows the condition most likely began in the service or as the result of the service.

I might be missing something, but I am not seeing the presumption.

Edited by free_spirit_etc
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Service connection for deviated septum with chronic rhinitis and nasal valve collapse. ( claimed as asthma with breathing problems due to undiagnosed illness)

The rating decision drafted May 3, 2012 denied service connection because the current exam did not find a clinical diagnosis of asthma based on pulmonary function testing nor was asthma diagnosed in military service. The va examiner further opined and on review of the evidence and acute dyspena you experienced with exertion is do the nasal valve collapse affecting is a resistance in The setting of high nasal airflow. The examiner diagnosed chronic nasal obstruction caused by septal deviation and resulting in significant rhinitis. Service connection on a presumptive basis as undiagnosed to do in exposure event in service May not be established because The condition is a result of known clinical diagnosis.

In your notice of disagreement you stated you were not claiming this condition as a result of gulf was service but rather as a result of military service as a while and that breathing problems beginning in service and you did not have these problems prior to service.

We grant service connection for disability that you currently have if this disability began in military service or was caused by some event or experience in service.

The Persian Gulf war veterans benefits act authorizes VA to compensate any gulf veteran suffering from a chronic disability resulting from an undiagnosed illness or combination of undiagnosed illness appearing either during active duty in the Southwest Asia theater of operations during the golf war or to a degree of 10 percent or more within a presumptive period following service in the theater. Section 202 of the veterans education and benefits expansion act of 2001 expanded the definition of quialifing chronic disability to include (1) A medically unexplained chronic multisymptom illness (such as chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome) that is defined by a cluster of signs or symptoms, and (2) Any diagnose illness that the secretary the VA determines in regulations warrants a presumptive of service connection. To fill the requirements for chronicity, The clam Jonas must have persisted for a period of six months. The six-month period of chronicity is measured from the earliest date on which all pertinent evidence establishes that the signs or symptoms of the disability first became manifest.

De novo review of the service treatment records does not find complains or that you were treated or diagnosed with a breathing disability during military service.

De novo review of the examination finds no clinical diagnosis of asthma based on pulmonary function testing nor was asthma diagnosed in military service. To be exam or further opined on review of the evidence that acute dyspena your experience with exertion is due to nasal valve collapse affecting nasal resistance in the setting of high nasal airflow. The examiner diagnosis chronic nasal obstruction caused by septal deviation and resulting in significant rhinitis. They examine finds no relationship to the specific exposure event in service.

De novo review of the private treatment records note treatment for mild persistent asthma in 2007 with an abnormal pulmonary function test at the time. In March 2011 a diagnosis of moderate persistent asthma as noted without objective pulmonary function testing. Also noted is a diagnosis of chronic maxillary sinusitis and that you are having sinus congestion and headaches. This evidence is not sufficient to establish service connection because the noted diagnosis of asthma is not supported by current pulmonary function testing. This is competent and credible medical evidence of treatment for a breathing condition but the evidence does not suggest or conclude the diagnosis is related to and event and military service.

Your competition and credible to report your breathing symptoms. A layperson is not competent and credible to find a diagnosis of asthma or relationship to military service because they are not a medical physician. Therefore your statements are given less probateive weight in proving you have a diagnosis of asthma and that it is related to an event in military service.

The presence of a condition simply are arising after service that was not noted in service or prior is not a sound medical conclusion that the condition must be related to service. Direct service connection is denied because The diagnosed condition is not shown in service or found to be related to an event in service.

Reasonable doubt is not resolved in your favor as evidence is not in equipoise.

Ok, a couple things that this veteran told me.

1) She did fail a private pulmonary test and she has a statement from her doctor stating that the reason she passed the VA pulmonary test is because her asthma is controlled by his prescribed medications.

Also I noticed someone suggested The breathing diesel gasoline from aircraft can cause asthma like conditions that are compensatable. This veteran worked on an airbase flight line and Oman and says she was subjected regularly to aircraft fumes.

This veteran has a 0% rating with the VA let's get her done and help her out.

Thanks again everyone

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Does her doctor say he thinks it is related to the service? If so, perhaps he will write an IMO.

I think the claim will take something stronger than the veteran saying she thinks it was caused by the military.

And for presumptive -- the vet would either need a cluster of signs and symptoms for which they can't find a medical cause (i.e. undiagnosed illness) or an illness that is specifically listed as one of the presumptive chronic illnesses.

If the veteran's illness doesn't fall under one of the presumptions, then they would need to show medical evidence that the condition related to the service (such as a doctor's statement stating it is more likely than not related to the service, along with the rationale the doctor used to make that decision).

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