ArNG11

Did any of this change recently?

Eligibility RequirementsQualifying undiagnosed illnesses or diagnosable chronic disability patterns, that appeared either during a qualifying period of active service or prior to December 31, 2016, must meet the following conditions: There must be no other cause for your disability or illness than service in the Southwest Asia theater of military operations.your disability existed for 6 months or more, ANDIf your disability or illness did not appear during active duty in the Southwest Asia theater of military operations, then it must have appeared prior to December 31, 2016, to a degree that is at least 10-percent disabling (for VA rating purposes).The disability must be one or more of the following: Undiagnosed illnesses. These are illnesses that may include but are not limited to: abnormal weight loss, fatigue, cardiovascular disease, muscle and joint pain, headache, menstrual disorders, neurological and psychological problems, skin conditions, respiratory disorders, and sleep disturbances.Diagnosable functional gastrointestinal disorders. Functional gastrointestinal disorders are a group of conditions characterized by chronic or recurrent symptoms that are unexplained. These disorders may include but are not limited to irritable bowel syndrome, functional dyspesia, functional vomiting, functional constipation, functional bloating, functional abdominal pain syndrome, and functional dysphagia.Diagnosable Chronic Fatigue SyndromeDiagnosable FibromyalgiaCertain presumptive diseases, which will be considered to have been incurred in or aggravated by service even if there is no evidence of such disease during active service. With three exceptions (see asterisks), one of the following must have become manifest to a degree of 10 percent or more within 1 year of the date of separation from a qualifying period of active service: BurcellosisCampylobacter jejuniCoxiella burnetii (Q fever)Malaria* (if not 10 percent or more within one year of separation, may be 10 percent or more at a time when standard or accepted treatises indicate that the incubation period commenced during qualifying period of service)Mycobacterium tuberculosis* (no time limit)Nontyphoid SalmonellaShigellaVisceral leishmaniasis* (no time limit)West Nile VirusEvidence RequirementsThe evidence must show you served in the Southwest Asia theater of military operations, as defined by regulation or served in Afghanistan on or after September 19, 2001,for benefits associated with certain presumptive diseases.Medical evidence of treatment of the claimed disability or illness.If there is no medical evidence that you have been previously treated for a disability pattern and the only significant evidence is a lay statement describing the disability pattern, a VA examination may be needed (VA will request an examination).• For undiagnosed illness claims, the evidence may be medical evidence or nonmedical indications that can be independently observed or verified such as lost time from work, changes in appearance, changes in physical abilities, and changes in mental or emotional attitudes (Note: Independently verified means it must be possible for VA to obtain verification of the nonmedical indicators from an independent source).

AFMedic09 Hopefully you won't have to go through the hassle. However, most likely you might. Absence of evidence is NOT negative evidence. Symptoms in service is obvious from what you wrote. That is the essence of the validity of the claim that the disease occurred in service, it is a problem now and you are continuing to get treatment whether by VA or private doc. Diagnosis is horse crap. Verifiable symptoms, diagnosis is a plus but not necessary. Am I mistaken or isn't GERD a presumptive on Gulf War Vets/Iraq/OIF OEF. ? Hopefully you won't have to get an IMO/IME but if you do make sure to get one and don't put up with that crap. VA raters are so full of it I'm surprised that the crap doesn't change their eye color and just spews out their mouths onto their desks. Sorry not feeling to hot and having problems of my own too close to the LZ. Give them hell!

Wish you the best. Hope the evidence is so overwhelming the VA decides in your favor without the exam.

Very useful information.

Yeah I would agree with you. I don't know if my current doc was just trying to put me at ease but she stated no one in the office liked that Psych doc. Whether it was completely true or not I don't really know but so far from comments in the office is holds true. I thought it humorous. My issues I have tried to bury deep, however, with this fiasco with the VA I haven't been able to keep the pain to myself and I've divulged too much and feel as I made myself vulnerable. Hard dance to know what is best for your own situation at times. I agree with Vync and texasmarine though I think SF3's claim it will be a good thing. hope it works out for the best.

Thanks bud. No I won't be able to get a copy of this C&P most likely until a decision has been made on that claim. It was an outsourced C&P exam done by QTC so I will not get a copy until after the VA makes a decision on the claim and then only by a FOIA request. Had it been done at the VAMC I would have had a copy within the week. Since it was done at a QTC I can't ask them for a copy, and they will not provide me one. VA is who payed for the exam and I would have to go through the process of asking for one from my Regional office. I will say in your case you are fortunate, if yours have been done all at your VAMC then you would have readily easy access to those records. If only all exams were performed at a VAMC. It would be convenient and you could prepare a defense quicker and be more effective in defending your claim.

That's an interesting analysis. I would have to agree and some of what you are stating relates to my mental noggin claims as well as I imagine other members here. From what I have seen through the psych docs that they used for my med board were bound and determined to decline the PTSD diagnosis. Kind of the lame routine that only military docs can diagnose PTSD. Never mind the symptoms that were there and situations that occurred but the whole switch a rue, not military related, has been going on for decades and I imagine that it will continue to do until the laws and regulations are changed. I think more so, loosing their medical license and barring them from practice permanently is too harsh. However that is the system for you. Personal story, when I finally sought treatment from an outside doc, I ran in to my old psych doc from Tinker, specifically the young dr that said there was no verifiable stressor. Young Captain, wound up leaving service and out in her private practice. I guess riots and rocket attacks don't count as stressors. There was no way I was going to see her or let her council any member of my circle. In any case, is it possible to bypass a remand, I mean I know there is a waiver or review, but is there a way to not have to go through the remand and go up the chain? It seems like an unnecessary step and another unnecessary two year delay in a Veterans' claim. Thats even considering that remands can be positive towards a Veterans claim, to me it just feels like another monkey wrench to an already complicated process. JMO and thoughts.

I did the registry exam at the OKC VA and I did the Airborne Hazard and Burn Pit registry but to date I haven't received any notifications or anything of the like. The other thing I did was join the Class Action lawsuit against KBR. It's currently in the Circuit Court of Appeals. Motley Rice is the firm that I chose to go with. Here's a sample time line of their progress: Dedicating your life to your country doesn’t mean that your life should be put at completely unnecessary risk, but there’s a very real chance that this is what happened to U.S. military service members, veterans and civilian contractors when open-air burn pits were maintained on or near American military bases in Iraq and Afghanistan. JAN. 20, 2015 CASE UPDATE: The U.S. Supreme Court turned down an interlocutory request by KBR to review its case. KBR has argued that it can’t be held liable for wartime decisions made by the U.S. military. In 2010, the case Jobes v KBR, Inc. et al alleged that prolonged exposure to burn pits’ smoke, ash and fumes caused injuries suchas chronic illnesses, risk of illnesses and wrongful death. The veterans and contract workers bringing the suit claim that the contractors responsible for these open-air burn pits had a duty to warn them of the health and safety issues involved with working near the pits, but failed to do so. These lawsuits have been consolidated in In re KBR Inc. Burn Pit Litigation before the Honorable Judge Roger W. Titus in the U.S. District Court for the District of Maryland, Greenbelt Division. This consolidation of lawsuits alleges that KBR, a government contractor, exposed American servicemembers and civilian contract workers to harmful fumes from its unauthorized use of open-air surface burning as a means to dispose of vast quantities of unsorted waste, including hazardous waste, medical waste, and human waste, at military facilities in Iraq and Afghanistan. Exposure to harmful fumes from these burn pits is alleged to have caused these American servicemembers and civilian contract workers to contract various serious injuries. The burn pits specifically addressed in the KBR lawsuit varied in size and location. Alleged burn pit locations >BURN PIT EXPOSURE SYMPTOMSExposure to harmful toxins in Iraq and Afghanistan may result in diagnoses and symptoms, including: Allergy-like symptomsAsthmaBreathing restrictionsCancers (including but not limited to lung, brain, bone and skin)Chronic bronchitisChronic coughsConstant infectionsCramps and severe abdominal painDiarrheaLeukemiaLung cancerNose bleedsPulmonary injuriesRestrictive Airways Disease (Bronchiolitis) Serious heart conditionsSevere headacheSkin infectionSleep apneaThroat infectionsUlcersUnexpected weight lossVomitingWeeping lesions on extremities*Note: this list is not inclusive of all potential symptoms or illnesses A BRIEF HISTORY OF BURN PIT LITIGATIONOctober 2009 President Obama signs the National Defense Authorization Act into law. This Act includes an amendment banning the improper use of burn pits, as well as requires the Department of Defense to thoroughly investigate burn pit effects on troops and explore alternative means of waste disposal. November 2009 The Senate Democratic Policy Committee holds a hearing on contractor abuses and corruption in Iraq and Afghanistan, and discusses the health risks associated with the continued use of open-air burn pits. September 2010 Burn pit lawsuits across the country are consolidated in In re KBR Inc. Burn Pit Litigation, and a motion by the defendants to dismiss for lack of subject matter jurisdiction is denied by the U.S. District Court for the District of Maryland. October 2010 In response to a request by Congress, the U.S. Government Accountability Office released a report titled “Afghanistan and Iraq: DOD Should Improve Adherence to its Guidance on Open Pit Burning and Solid Waste Management,” specifically pointing out that standards for burn pit operations were not met in four surveyed burn pits; three of which were operated by the defense contractors in question. March 2011 Two representatives for the Department of Defense give a joint statement to the House Armed Services Committee and the Military Personnel Subcommittee, stating that programs are being established to replace as many burn pits as possible in Afghanistan, and all burn pits servicing more than 100 people were closed in Iraq. January 2013 A bill is signed into law to create a registry of U.S. servicemember who become sick after working around burn pits or military bases in Iraq and Afghanistan. February 2013 The U.S. District Court for the District of Maryland dismisses the burn pit lawsuits consolidated in In re KBR Inc. Burn Pit Litigation. March 2014 The U.S. Court of Appeals for the Fourth Circuit vacates the district court’s decision and remands In re KBR Inc. Burn Pit Litigation back to the district court for further proceedings. January 2015 The U.S. Supreme Court turns down an interlocutory request by KBR to review its case. There is like 53 sites in Iraq and 9 in the Afghanistan area. 8 in other undisclosed areas. I didn't recognize the names in the last 8. It's an interesting case.

Did you keep a copy of the exam? My was a joke at the OK VAMC, I did it, however, I never received any conclusive results and the doctor was not very thorough. Personally the Burn Pit Registry and Airborne Hazard Survey asked more concise and specific questions than the medical exam from the doc.

Well I'll be darned eBennies let me process the request. I asked for a decision on my claims. I find it odd that a privacy act request takes so long to approve. I just wanted a copy of one exam. Gave them the date, the provider, and all the information necessary to fulfill their legal obligation. Hmm even gave them their allowed 20 duty days. Convenient that the copy hasn't shown up yet, nor has a decision been made for my requests. I'm not trying to be smug, please don't take it that way. But really how difficult is it to get a copy of one exam? I mean I want the copy so I can have evidence of the foul play but wow. I just wanted it in the written format. I truly wonder if the fact that I recorded the exam already is going to change the outcome of this. More importantly I am wondering whether I'll need to play that card. Please don't take this as advice. Personally I am just tired of the shenanigans and I just want to live out what I have left in peace. I don't want to spend all this unnecessary time trying to prove the VA's wrongdoing. Same goes for DOL, however, that is neither here nor there. I'll keep the hive posted on what happens. Keep the fight going folks.

Never give up Mike. If it's ok I'll congratulate you now. I read no indication of you giving up or settling for less than what your medical records and evidence can prove. Keep fighting, keep going, "fight till your last breath" good hunting and good fortune to you. Oh and good health as well.

You have a point Vync, it just shouldn't be that way. Green I think, this is just my opinion now, regarding your subject matter on your post, I believe it just another delay tactic. More hands touch your file, more delays, more avenues of passing the buck of blame. It makes perfect sense in my mind. I think the VA is running out of excuses and while the VA tries to complicate things even more, this process, becomes all the more evident that it is a hostile process. Why else would the VA go through these changes. Save public face, maybe, make it harder for the Veteran to organize and prove their claim. Heh, remember these changes are for the good of the Veteran. Not to complicate things further and make more room for mistakes by "having more hands in the cookie jar". You believe that right? I think the VA is just going to use the excuse that they are so overwhelmed with claims that they have to "outsource" claimant's cases. To me it's just another delay tactic and sabotage to the" Veteran friendly process". JMO

Head games, psychological warfare???

Thanks folks. At this time I don't have anything else to submit that I want the VA to know about. Im planning on the slide of hands to keep happening. I did try to submit it but eBennies was on the fritz. Not surprising. I appreciate the responses though.

I have been trying to do this for the last week or so and eBennefits will not allow the choice. Has anyone tried this option and was it submitted successfully? I have no further evidence to submit and wanting my claim to go up the chain.

Love this post and reference. It breaks down the mandatory responsibility that the VA has in developing a claim. It is quite clear that they fail miserably at this unique and pretty well spelled out meaning of the regulation and law. Excellent post Broncovet, very helpful and affirms my stances on my claims. Thanks.

I wanted to add even some attorneys are not always looking out for your best interest. It's $. So there are folks that are just looking out for themselves and it is unfortunately cut throat environment. Not enough coin involved, you will sometimes get dropped. Not a big enough piece of the pie, then dumped. I adore this site and the Veterans that share the information on here. Good folks still giving to the team. Between that and the eCFRS I have learned a few things. Stick to your guns and weapons. eCFRS, evidence, regulations,USC, laws and so forth. Those will stand the test of time, those won't bail on you. Those won't leave you behind. Much like this website motto. "LEAVE NO ONE BEHIND, NOT ON A DESERT TRAIL, NOT ON A JUNGLE TRAIL, NOT ON A PAPER TRAIL" The fight will always be on. JMO

Congratulations. Take care of yourself.

I wanted to add one more statement to this which I omitted and expected people to know. You also have to have continuing treatment and ongoing symptoms. I should not have left that part out. Personally your treatments and or medical attention does not have to come from the VA as the VA seems to shove in our faces. You have the freedom to choose a provider that has your health near the top of his or her priority lists.

I would agree with the above statements. The VA gets too specific in their requirements and the requirements seem to change as your medical evidence gets stronger and multiple IMO/IME's correlate your condition/injury to military service. I think it is reasonable to ask a medical professional this request. The medical professional is just reporting facts, symptoms, and with records, medical records to prove the symptoms and medical evidence to substantiate a claim, a reasonably minded person would come to the conclusion that it is related to a service condition/and or event.

It's all about the denial, and low balling the rating. So with this, if those symptoms were present on the first examination and you have an opinion as to the relationship of those symptoms and service medical records you would think it would be difficult to deny the claim yet the VA does this all the time. Funny story on my experience is that the very same person that denied my sleep disturbance claim, the doctor that said I was good to go from my C&P for sleep disturbances and PTSD symptoms, was the very same doctor that the VAMC tried to stick me with in order to treat a disease/condition that I didn't have according to them. BS. When I called them out on it they didn't know what to say. There wasn't anything they could say. I was right and I caught the VA in a lie and they knew it. Another time, I happen to get treatment from a VA doc that wasn't on the VA's game plan. He didn't last long though. Imagine that. So I don't go through VA any longer. That's my choice though. Choice hmm choice to choose an unbiased provider. Wow sounds familiar.? I pay for my care and while it is on my personal insurance at least my doctor doesn't have another agenda. They are vested in my care. I can't say the same about the VA at least not all the time. It bloody sucks to depend on folks like the VA for your care. So be mindful and be careful. Build a good relationship with your provider and trust them when they have earned it. As much as I hate to say it there are good doctors and people in the VA, however, too often you run in to the wrong type. In any case it is well documented on the correlation between PTSD and sleep disturbances. Sleep disturbances and Sleep Apnea. The keys again are a medical opinion that ties the two together along with medical evidence of in service symptoms. If the medical opinion can point that out along with medical documentation, you have a good case, at least IMO you do. The harder the VA tries to deny this the more evidence you will build for your case/claim. JMO I'll go to my corner now. Good luck. Hope this helps.

Deciding it is hard to say and I wouldn't just take my word for it. Personally I don't go through VSO's, bad experience. So I went at this pro se with the grand help of many of our great folks here on Hadit. It's not easy by no means. The VA will try everything and anything to confuse the issue. Look up the pertaining regs and see what applies to your case. The eCFR and the VBM manual are your allies along with the experience of folks who have been at it for years. Evidence is King that is no lie. JMO

Say it isn't so "meow" Its because of the effective date. It's one of the VA games unfortunately. Just have your wits about you and your records. File your notice of disagreements and preserve your effective date. With DAV, well, heh just remember these words " no one will care more about your claim than you do" Utilize them as you need to but I would still suggest that you stay vigilant and in charge. Keep them in line as they are to work for you.

waccamwild I don't disagree. Adapt and overcome is what the VA is doing, that I have no doubt, however, how long can they, these agencies, dance around this. I mean decisions from other agencies are probative evidence. Yes the rules that govern each agency are different, and yes SSD is the only one that looks at everything affecting the person as a whole regarding a disabled persons ability to work in their general area of experience and training but when or how can you get it through their thick skulls enough is enough.