Nod, Helping A Friend. Need Feedback

[Scout Swimmer]

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 January 23, 2015 by Tbird

[Guest]

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.

OK, what was your friends Duty MOS? It sounds like the claim should have been filed as caused by or due to military service. (Directly related to military service.)

What does her private doctor say about her sleep apnea?

Find out what her duty MOS was and that may really help. Key point is a doctor must review her medical records but having job duties around diesel gasoline and aircraft fumes can be the link you/she is looking for.

[free_spirit_etc]

$5,000 can seem kind of expensive, but with a multiple issue claim (tying in several diagnosis) I would not think you would find many doctors who would write an opinion real cheap. Well... you might find one -- but you don't want a simple opinion that it easily defeated. You want a rather extensive opinion with solid rationale to back up the opinion. Searching BVA claims you will see lots of denied claims where someone's doctor wrote the condition was connected to the service, but they used very weak reasoning, or no reasoning at all, to back the opinion.

This decision is on a completely different issue, but I ran across it last night when I was looking for information on radiation exposure. It is a BVA case where I would say Dr. Bash saved the claim. You might be interested in reading it to go a sense of how deeply his opinions can go, and the reasoning he used.

http://www.va.gov/vetapp05/files5/0529676.txt

[Scout Swimmer]

I also hired John Dorley yesterday.( Dr. Bash's associate.). A little nervous dishing out this kind of cash with no gurentee but at least she has some knowledgeable people on her side finally.

[militarynurse]

According to John Hopkins school of Medicine, "sinusitis" is also known as "rhinosinusitus": http://www.hopkinsmedicine.org/otolaryngology/specialty_areas/sinus_center/conditions/sinusitis.html

[Scout Swimmer]

Ok guys. Just talked to the VSO. The Asthma has been grated by the RO at 30%. (Last weeks new C&P gave a positive nexus agreeing with our private IMO'S) This is huge!

No word on the sinusitis and deviated septum or migraines. I'm thinking these will also be granted by the RO. My question is how will they be rated? Will they rate the secondary's separately?

A C&P by phone will be conducted today. I'm thinking this will be about the secondary conditions.

questions

1) if secondary's are granted, will they be all lumped together as 1 rating?

2) Where does it go from here? Back to BVA for final approval?

Any advise would be greatly appreciated. Thanks guys.

Edited February 26, 2016 by Scout Swimmer

[lfredrick123]

Same thing they did with Vietnam and Cold War Vets. The only thing you can do is fight and beat them at their own games.