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k5one

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Everything posted by k5one

  1. http://www.ngwrc.org/docs/2016 SelfHelp Guidedraft.pdf this is a really good resource. read it.
  2. k5one

    C & P Notes, seem fishy?

    The examiner does not know how to do Gulf War C&P's. He is not supposed to give his opinion of whether or not it is related in Gulf War Claims. He is only supposed to look at the evidence of whether or not you were diagnosed, and the severity of your symptoms. Unfortunately most C&P providers do not know what they are doing. If you are denied, due to that then the person deciding the claim, also does not know what they are doing. Send in a NOD explaining that your diagnosed/undiagnosed conditions are presumed, so the C&P examiner's opinion of less likely than not does not matter. The only thing that matters is you are diagnosed, you were there, there is no known cause for your conditions and symptoms appeared before the deadline(which I believe is currently December 2016 but I expect it will be extended).
  3. k5one

    Is It Too Late For Me?

    Push your provider for a diagnosis for CFS and IBS if they are treating you for it.
  4. k5one

    Verbally denied GWI

    http://www.ngwrc.org/docs/2016 SelfHelp Guidedraft.pdf
  5. k5one

    Buiding a success from the ground up

    Thank You Asknod for all you do. I always enjoy your explanations. They are usually humorous as well as informative.
  6. Mine took less than a month from Atlanta. That was about a year ago.
  7. The DBQ needs to be completed by your physician. You can not complete it, if you haven't already found that out.
  8. Systemic Therapy is using drugs that affect the entire body. Most people use a topical cream or ointment such as cortisone. It only affects the area directly contacted by the cream/ointment. An example of a systemic treatment is a pill you take. It affects the entire body, not just the spots where the eczema is. In Cancer, Chemotherapy is a systemic treatment. It affects the entire body, not just the cancerous area.
  9. The guy who wrote this NOD is an expert in Gulf War claims. He is a disabled Gulf War Veteran and has testified in congress. He has helped change the laws concerning Gulf War Claims, and represents Gulf War veterans. He runs the website I linked above. I learned a lot from his website, and from information he has written in forums. Cut and paste it, and then change it to make it fit your situation. The top part of the NOD will be the same for any fibro claim. When you get to this part, The DBQ showed that I am diagnosed with Fibromyalgia and that the tests show mythyroid is fine. I have had all of the other test needed as well. I am on medicationand I am still in pain most all of the time. As per the rating guidelines I have metthe 40% rating. Change it to fit your circumstances. Every NOD will be different at this point, because everyone has different symptoms. I have also been going the private route with my claim. I have had too many problems with the VA, always trying to explain it to make sure I can't get service connected. My private physician looked at my history, and listened to my story. He did some research, ordered tests, and diagnosed me with CFS, Fibro, and IBS. Everything has been submitted, and now I am just waiting for the VA. I am now working on getting everything completed for my breathing problems, I do not have COPD or Asthma, but I have shortness of breath and other breathing issues, which my physician believes are neurological. When my current claim is completed, I am going to file for my breathing problems.
  10. OK, I believe the problem is that the C & P examiner gave a negative nexxus, which the rater used in the decision. In Gulf War presumptive claims, the C & P examiner is not supposed to give a nexxus, they are supposed to give an opinion of whether or not you have the disability. That may be a CUE, I'm not sure. The following was originally posted by pgwvet from http://www.ngwrc.org/ . I believe the key part is the red highlighted sentence. Like I said on the IBS sample this is the start. Only you the veteran can say about your symptom.The DBQ should have marked your meds are not working.This denial is in error, did not follow the law on Fibromyalgia on presumptiveillness under 38 U.S.0 § 1117 enacted in 2001 and as in 38 CFR § 3.317(a)(2)(B) (2)Fibromyalgia. A presumptive illness does not need a nexus to the service as perGutierrez v. Principi, 19 Vet.App. 1, 9 (2004)The RO did not follow the M21-1MR on how to do claims of this type as per.1. VA Training Letter 10-01 Adjudicating Claims Based on Service in the Gulf War andSouthwest Asia (We believe this needs updating and are working on it.)2. 38 CFR § 3.317 and 38 U.S.C. §§ 11173. M21-1MR, Part IV.ii.2.D ( how to rate a claim under 3.317)4. M21-1MR, Part IV.ii.2.D.i -Rating Action Taken Based on Disability PatternDetermination It states, "Grant service connection-"5. M21-1MR, Part IV.ii.l.E (developing GW claims under 38 CFR § 3.317)The rating specialist should not have relied on a medical opinion that was not to begiven as per the guide lines in the "notice to the Examiner" in the VA FL 10-01.As the notice state the examiner is only to give an opinion on out come 3 & 4, andNot 1 or 2, Fibromyalgia is defined in the law and in TL 10-01 as a medicallyunexplained chronic multisymptom illness.The rating specialist clearly did not follow the M21-1MR, Part IV.ii.2.D.i -RatingAction Taken Based on Disability Pattern Determination It states, "Grant serviceconnection-" I was clearly diagnosed with the illness.The DBQ showed that I am diagnosed with Fibromyalgia and that the tests show mythyroid is fine. I have had all of the other test needed as well. I am on medicationand I am still in pain most all of the time. As per the rating guidelines I have metthe 40% rating.
  11. Upload your denial on here, after covering the personal information. That will give us more to go on, and we may be able to give you more useful advice.
  12. Part of your problem may be that you have a Sleep Apnea Diagnosis. Sleep Apnea causes all of the symptoms of Fibromyalgia. You can have both, but the VA will deny Fibro and say that SA is causing the symptoms. You have to use the CPAP machine, and show that it is working, but you are still having the Fibro symptoms. Go to this link http://www.index.va.gov/search/va/bva.jsp and search Fibromyalgia. Read the decisions and it will give you a lot of information on why they deny or approve the claim. Also if you haven't already check out this self help guide. It gives a lot of good information. http://www.ngwrc.org/docs/2013 NGWRC Self-Help Guide.pdf
  13. If your physician won't complete the paperwork you need to find one that will. Were you in the Gulf War? If you were, all you need is a diagnosis to get connected. Having a physician state it is at least as likely as not won't hurt, but isn't a requirement. Check out http://www.ngwrc.org/docs/2013 NGWRC Self-Help Guide.pdf The NGWRC also has a couple of examples of NOD's. It will help you get started on that.
  14. k5one

    THINK IM HEADED FOR NOD

    It would be a good idea to see a private physician, who is not part of the VA. Get a diagnosis and an opinion about the IBS. Ask the physician to complete a DBQ. Submit all of that, and see what happens.
  15. I'm trying to do the same thing. I filed a claim about 15 years ago, and the state VA rep was my POA. He filed everything. Everything was denied, and I didn't appeal. I filed a claim 2 years ago, which is on appeal now, and have not even spoken to a representative. The VA still has the state rep as my POA. I sent a letter to them several months ago, revoking the POA, and they seem to be ignoring it. I will send another one at some point, i guess.
  16. You stated that you have other issues going on with the VA. What are the "other issues"? If you have one claim, and submit a second claim they are supposed to combine the two. It shows that one is closed, with no action, and the other is still open. If they combined the claims into one, but left out part of it, then you need to correct that, but it may be that they are working them together. Small details can make a big difference. It all depends on what the "other issues" are. An FOIA request shows up as a claim, and usually slows your other claim down, so that could also be part of the problem. Just a couple of things I thought about while reading your post.
  17. k5one

    Denied across the board

    If you have the symptoms try to get a Physician to diagnose you with CFS, Fibromyalgia, and IBS. Then get them to complete DBQ's. Appeal. If you haven't already check out http://www.ngwrc.org/ I couldn't get the link to work, but that is the correct address. They have a lot of good information there.
  18. k5one

    GWI Denied - Feedback Please

    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.
  19. I have seen it both ways. I have read where a claimant's spouse attended the C & P, and I have read where the claimant was told his spouse has to wait outside. So it seems to be left up to the examiner.
  20. k5one

    100% but no P&T?

    Ask your physician if he expects your problems to improve in the future, or if they can be cured. If he says no, ask him to document that. If your physician documents that your conditions will not improve, its more likely that the VA will change it to permanent. No guarantee but it seems to help if the physician documents that it will not improve.
  21. http://www.ngwrc.org/docs/2013 NGWRC Self-Help Guide.pdf This is a great resource for preparing your claim.
  22. Something I saw on another post; A vet got a proposal to reduce and he immediately submitted a claim for an increase. He had the evidence that he needed and they cancelled the reduction pretty quickly. There has to be an improvement for them to reduce, so they must have some evidence that you improved to reduce you. Did they notify you that they were going to reduce you, or just notified you that you were already reduced? I thought they had to notify you and give you time to respond, before they could reduce you.
  23. http://vets.yuku.com/topic/143671/Sample-NOD-for-IBS#.VcuIAnF3mJA
  24. I'm glad to here it worked out for you. Nice retro check. I'm looking forward to getting my claim finished, its always nice to here about people getting what they deserve. If you haven't already done it, create a post in the success forum.
  25. k5one

    Is It Too Late For Me?

    I'm not sure of your circumstances, but sometimes it quicker/easier to use a private physician for a diagnosis. I have health insurance, and was able to do it that way. I started at the VA, and after getting a bunch of BS diagnosis, because they didn't know what was wrong(and refused to admit it), I went to a private Physician. I have to drive 3 hours to get to a VA hospital for basic stuff, and 5 hours for any unusual procedures. One doc says its my spleen, one says its my gall bladder, one says its my liver, blah, blah, blah, and I finally cancelled all my appointments and said screw the VA hospital. With my private physician, I explained the Gulf War Illness and showed him the VA website with the information. He looked over my medical records for the last 20 years, and saw the problems I was having. He did some basic testing to rule out the common causes of my symptoms, and diagnosed me. (FYI, All blood work and testing says I am a healthy 45 year old.) I am now seeing him every 6 months, he documents that I am still having symptoms. He asks if there are any new treatments I have found in my research. I tell him what i have found. He writes prescriptions for whatever we decide for treatment, and schedules another appointment for 6 months. It also helps that my doc treats several Vietnam vets, and has seen what they are going through, and is very sympathetic to veterans.
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