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GWI Denied - Feedback Please

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wysiwyg1965

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Hi All,

Was hoping I could get some feedback.  I just had a C&P for Gulf War Illness Syndrome.  Attached are the C&P results.  Kind of long, sorry.

Anyway, I received the Statement of Case and was surprised to be denied on everything.  Especially Sleep Apnea and Hypertension.  Also have Osteoarthritis in both hips.  I am already collecting 30% disability for Eczema as a Gulf War Hazard since 1998.

I am currently appealing PTSD, Anxiety and Depression.

Any advice would be much appreciated!

Thanks!

 

Edited by wysiwyg1965
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There is no specific rating for Gulf War Syndrome and I have seen claims denied at the BVA because that term was claimed, and nothing else was diagnosed that fit into the Gulf War regulations.

The C & P concerned me because it seemed you didnt respond to some of the questions,,,maybe I am reading  it wrong.

I suggest that you read the Gulf War regulations and presumptive illness here carefully and see what diagnosed conditions you have would fall into those regulations.

I do commend you for getting SC for the  eczema problem proven as due to the GW because those claims are often difficult to succeed in.

This is one of many threads on Gulf War Illness.

For the PTSD claim, can you prove you were in close proximity  and in fear of  hostile fire?

If you are asked to reveal a stressor, it does not pay to not respond but to tell the PTSD C & P examiner one or two stressors that can easily be proven, if you need proof of the stressor.

Do you have the CAR otr CIB on your DD 214?

 

 

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I didn't read the items that were attached, because they were removed, but I will give you some advice on Gulf War Claims.

 

Anything that is diagnosed will be denied, unless you can prove that it is secondary to an undiagnosed symptom.  An exaple of this is, Sleep Apnea secondary to PTSD, because your medication, caused you to gain weight.  Weight gain causes Sleep Apnea.  You will need a Physician to give an opinion that the secondary condition is caused by the primary condition backed up by medical evidence.  

Sleep Apnea, Hypertension, and Osteoarthritis are all  diagnosed problems, and therefore by definition are not presumptive under Gulf War undiagnosed Illness.   If you had Sleep Apnea, Hypertension, and/or Osteoarthritis  while in service you can get direct service connection.

If you haven't already checkout http://www.ngwrc.org/ They have a lot of good info.

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wysiwyg1965

I've told many people this story but I have 4 confirmed of the 7 primary Gulf War Symptoms but was denied the link to the Gulf War? However, my 4 hour GWI exam took only took 20 minutes and it was clear to he did not believe in such a thing as GWI? Also, during the entire exam, he never made eye contact with me once and even the exam was very cursory --at best. Frankly, I think it's the luck of the draw in terms of the doctor that you get and if they even believe in it?

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Thank you everyone for your advice.  I have a NEXUS showing a diagnosis of PTSD, Generalized Anxiety, and ADHD.  I guess I will have to try and tie the two together for secondary?  I am using "Legal Help for Veterans" so I hope I can get this moving and over with, so tired of the back and forth with appeals between the BVA and RO...

 

Thanks again, will give update as soon as I have one!

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