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Va Appeal

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pamelab

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hi again,

I have an appeal hearing coming up in April. this is my first time going thru this and i don't know what to expect. my appeal is for GWI, Major Depression Disorder, Chronic headaches, respiratory, all of which i have current documentation and diagnoisis of. i also recently received my service medical records showing that i was hospitalized for four days after i got discharged from SWA. it also shows chronic headaches. i believe everything will go well. i just don't know what to expect. can someone give me an idea.

desertshield/storm pamelab

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Pam are you familiar with the VA criteria for undiagnosed chronic illnesses in GWvets?

I posted that here the other day but forget where-

I think you are also claiming presumptive chronic disability too?

A vet can make claim to V for disability comp using more than one possible scenario.

Were you able to provide to them everything the VCAA letter asked for?

Can you tell us the exact wording of the denial that this hearing is for? (under the Reasons and Bases part of the denial)

The conditions were depression/confusion-we denied service connection for depression/cofusion,based the evidence of record supporting this condition existed prior to service. There must be objective evidence of worsening of a preexisting condition in order to establish service connection by aggravation. there is no evidence that the condition permanently worsened as a result of service. 2.Chronic Headaches- we denied service connection for chronic headaches since this condition neither occured in nor was caused by service. They also said that service connection can be granted but there must be current evidence of permanent residual disability associated with the claimed disability that is attributable to a period of active service. 3. Service connection or respiratory condition was denied for the same reasons as above.4 Service connection for Gulf War Undiagnosed Illnesses - We have denied service connection for

GW Undiagnosed Illnesses, based on we have reviewed your Gulf War health registry Examination it shows you have not been seen or evaluated for any chronic symptoms or diseases that have not been diagnosed. It does go on to say that Service connection may be granted for this disability if it either began in military service or was caused by some event or experience in service. However, before service connection can be granted there must be current evidence of permanent residual disability associated with the claimed disability that is attributable to a period of active service.

Now since then I have recently received my SMR which shows i was hospitalized for 4 days while on active duty for headaches, and respiratory condition and skin rashes. In addition to this, i am currently diagnosed for chronic headaches, seen several times within the past year for brochitis, and skin rashes. all of which i am taking meds for. i also have had a recent GW registry exam this year the doctor diagnosed fibromyalgia and i am have an upcoming appt. for rheumatology and upper gi exam for irritable bowel syndrome. all of this symptoms/conditions has been following me since desert storm. i also was hospitalized latter part of last year for tb, but it was not active, but they placed me on medication for 9 months which i am still taking. You think all this may make a difference to them.

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pamelab,

Welcome to Hadit.

You posted you have an Appeal Hearing coming up in April,

does this mean:

You filed a claim with your RO, it produced a rating decision that

flat out denied everything or was only a partial grant -

you filed a Notice of Disagreement, and requested a Hearing with a

Decision Review Officer.

Is A DRO Hearing at the RO what you are having in April ?

carlie

No it did not have a rating decision, it just flat out denied me based on, from my understanding, lack of evidence. Thats basically what it balled downed to. but they worded it their way.

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Pam are you familiar with the VA criteria for undiagnosed chronic illnesses in GWvets?

I posted that here the other day but forget where-

I think you are also claiming presumptive chronic disability too?

A vet can make claim to V for disability comp using more than one possible scenario.

Were you able to provide to them everything the VCAA letter asked for?

Can you tell us the exact wording of the denial that this hearing is for? (under the Reasons and Bases part of the denial)

At that time i didn't have too much to provide. i had to build my case and send off for my smr which i received in part originally, just a few days ago after much research on my part i received what i needed to prove that i was ill,hospitalized during desert storm.

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