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Verbally denied GWI

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DocC03

Question

This is what an highly regarded environmental specialist had to say in my medical records. Since then I keep getting told that gulf war illness in not a real diagnosis. What do I do to get my docs to take this seriously? What can I do?

 

We talked about your exposures during your military service including your deployment(s) to Iraq You indicated that you were exposed to Burn pits, chemicals from industrial plant, exposure to organophosphates and unknown chemicals from manufacturing facility and Uranium. You would like to know whether your exposure(s)are related to development, migraines, fatigue, joint pain, PTSD, and DJD. The remainder of this discussion focuses on exposure concerns and their possible relationship to current health issues.

GULF WAR ILLNESS- Based on your description of your health issues and your exposures during your military service, your current symptoms and medical condition are consistent with, and meet the criteria for the VA case definition for Gulf War Illness/Syndrome. The VA case definition for Gulf War Syndrome is as follows: A medical condition affecting some veterans of the Gulf War, characterized by fatigue, headache, joint pain, skin rashes, nausea, dizziness, and respiratory disorders, and attributed to reactions to prophylactic drugs and vaccines, infectious diseases, or exposure to pesticides and other chemicals, radiation, and smoke from oil fires. For more information, please see - Research Advisory Committee on Gulf War Veterans' Illnesses. Gulf War Illness and the Health of Gulf War Veterans

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58 minutes ago, Gastone said:

I'd add 1 thing to Bronc's discussion regarding Medical Evidence, Board Cert Specialist's, will generally trump a GP MD's opinion. When you have "Dueling" IMO's, the Dr with the Strongest Credentials usually prevails.

Sounds like your destined for the NOD Train. You recently had your C & P, right? Was that from an FDC?

Could you post a break-down of your SC's and your IU Award, redacted of-course?

How about pulling the recent C & P DBQ and Clinician notes from your MHV site or VMC Records Dept. Be very interesting reading and would definitely help you, as well as us, in understanding your SC situation.

Semper Fi

I am camping right now. I get back Sunday evening. I only have my phone with me. My computer is at home. I will provided here a redacted copy of my most recent visits involving my new diagnosis and relevant stuff.

And my C&P notes I hoping will be available this week.

Edited by DocC03
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1 hour ago, broncovet said:

Also, remember that a C and P exam is not "magic".   Medical evidence is medical evidence regardless if that evidence comes from a C and P exam, a private physician, or your VA doc.  All are equally valid.  You may not even need a C and P exam at all especially if you have:

1.  A current diagnosis of illness or disease.

2. In service event or aggravation, which includes "presumptives".

3.  A medical nexus or statement from a doctor that your current diagnosis is "at least as likely as not" due to xx event while in military service.  

One question from this statment.

How do you prove in service event for a presumptive? Other then location?

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The "presumptives" have their own set of rules.  YOu need to get a copy of your medical records (cfile) and read what is documented.  If you think one or more of your issues is a "presumptive", then post when/where you served, and the condition and we can try to look up if yours is a presumptive or not.  For example, many Vietnam (in country) Vets have certain presumptives for agent orange (Nehmer class Vets).  You have to look at each condition indivudually, there is no "one rule" that applies to all presumptives, for all veterans of any period, tho that would be nice.  It does not work that way with VA, they always try to limit it to certain periods.  

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AO was boots on ground in Nam. Even if only for an hour or day, AO Exposure was a given. I believe the current Presumptives for Iraq & Afgan are the same, boots on ground equal Presumptive Exposure. Don't think you need an actual picture of yourself next to a burn pit, but that wouldn't hurt.

If you have a DX'd condition that is listed as Presumptive, you "should" be good to go as to an SC. However, if a VA Specialist were to opine that your current DX is more likely than not, caused by another Non-SC condition, you will probably need to get on the NOD Train.

Keep in mind, AO Presumptives primarily Cancers, didn't start to get official recognition until about early 80's. CAD didn't become a presumptive until 2010 or 11.

Semper Fi

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Iraq 2003 and 2004. Battle for falluja, triangle of death specifically southish of Baghdad aways. 

Conditions that I believe are caused by Iraq are as follows

CFS,  headaches, skin infections, lymph nodes swollen permanently, joint and muscle pain

Edited by DocC03
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DocCO3,

We're in a similar situation as far as symptoms go.  I was approved for part, working up my NOD now.  

Read the links Pete provided.  Check the VA's page for their definition of GWI.  I'd suggest you print it or save it and go over it a couple times as the language can be confusing.  Here's the info you want to study (same info Pete posted, from the VA webpage instead of CFR)

http://benefits.va.gov/compensation/claims-postservice-gulfwar.asp

As it pertains to GWI, treat it as a heading, not a condition.  There are several 'components'.  For GWI, the 'presumptive' clause means you dont have to tie your condition to a specific incident in service, just prove you were in the selected area of the theater.  You have that covered. 

You also have the conditions prior to the exclusion date on 12/31/16.

Last, you also have to prove that you now have x disorder.  That part messes up a lot of gulf vets.  You must demonstrate that you have one or more of the conditions under the GWI heading:  i.e.: a diagnosed illness that meets the CFR such as: CFS, ALS, Functional Gastric condition, or an undiagnosed, medically unexplained condition, or  one of the infectious diseases listed.

I'd try to get your private doc to sign off on the dbq's for the conditions listed, add the copies of the reports and go from there with your NOD.

Hope this helps.  Everyone I've dealt with at the VA avoids any mention of GWI like the plague.  The latest IOM GWI study even calls them out on this.  Don't know if it will have any effect tho.....

 

 

 

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