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k5one

Second Class Petty Officers
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Everything posted by k5one

  1. 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.
  2. http://www.ngwrc.org/docs/2013 NGWRC Self-Help Guide.pdf This is a great resource for preparing your claim.
  3. 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.
  4. 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.
  5. 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.
  6. Most of the Gulf War presumptive illnesses don't need Service Medical Records. It might help to show the problems while you were there, but you just need a current diagnosis, and proof you were there. I have Southwest Asia Tour ribbon on DD-214, and I have evaluations that talk about my service in Saudi Arabia during Desert Shield/Desert Storm. You are not supposed to need a letter from a physician saying that your problems are caused by your service, but it doesn't hurt to have one. The key is a physician has to say that they cannot diagnose your problem, or diagnose you with Chronic Fatigue Syndrome, Fibromyalgia, and/or Irritable Bowel Syndrome. It also works if you have several physicians which diagnose you with different problems, because it shows that they don't know what is wrong with you, and are having trouble making a diagnosis.
  7. I'm not very familiar with DFAS, but it seems like I remember someone saying that they always send the paperwork to DFAS, instead of waiting for VA to do it. If you send a copy of the paperwork, it may speed up the process. Again, I'm not sure about this, but I remember reading something about it.
  8. They are both different. You probably need them both. The DBQ describes the problem you are having, and how it impacts you. The Nexxus statement is the Physician's opinion that it is caused by your military service.
  9. Your best bet might be the Apnea. If it wasn't documented while in service it will be tough. But if you have gained weight due to one of your service connected disabilities, you may be able to get it secondary to the service connected disability. You just need a physician to give you a nexxus statement. An example would be due to your herniated disc, you are unable to do any kind of strenuous activity. Can't go the gym, can't run/walk for exercise. This caused you to gain weight. Weight gain is one of the main causes of OSA, so you may able to connect the OSA secondary to that. If you are taking a medication for your service connected disability which causes weight gain. Then you may be able to connect the OSA secondary to that. It would have to say something similar to; Mr. X has been diagnosed with OSA. It is well documented that weight gain is a contributing factor of OSA. Mr. X's OSA is as likely as not caused by whatever service connected disability, due to the fact that it limits physical activity and causes weight gain.
  10. Scheduler means you can still work. If you are 70% for whatever disability and 60% for another, 60% for another, your disabilities may not keep you from working, so you can continue to work full time, and get 100% VA disability. IU means you are not employable. You can not work. If you are 70% for whatever, but cannot work they will pay you at the 100% rate. If you return to work they will lower you to the 70% rate. P&T means permanently disabled. That means you will not be scheduled for a reevaluation, and they believe that your disability is permanent. If you apply for new disabilities, they may re-evaluate your condition. I think P&T gives you more benefits than Scheduler or UI. Dependent education, Insurance for family, and other benefits.
  11. k5one

    Gerd And Ibs

    That is correct. They are preparing to change the regulations for digestive issues, but I don't think it will change the fact that you get one rating. They are going to change some of the requirements for different percentages.
  12. This is not what they are asking for. That is the basic cut and paste. A few pages further back it gives more detail about why they did not grant benefits. That may help, us give you better advice. If you have a current diagnosis, and you are a gulf war vet, then you need to send a NOD using something similar to the following links; http://vets.yuku.com/topic/143671/Sample-NOD-for-IBS#.VaEfKl9VhBc http://vets.yuku.com/topic/143672/Sample-start-NOD-Fibromyalgia#.VaEgil9VhBc
  13. Email a NOD if it doesn't seem to be going anywhere, you can always send another email to Hickey. Just my opinion, If they realize they made a mistake they may fix it, in the hopes that it doesn't get back to management, Keep in mind the 1 year appeal time frame. Make sure you file a NOD if it hasn't moved by then.
  14. k5one

    Gw Exam

    I would recommend bringing them. You will probably forget something. If you give them a copy of the DBQ's they can't misinterpret what you say, and you won't forget anything.
  15. This is a copy of the rating table for sinusitis. It also helps to look at the Sinusitus DBQ. You should be able to find it fairly easily on Google. It will help you learn what the raters are looking for. 6510 Sinusitis, pansinusitis, chronic. 6511 Sinusitis, ethmoid, chronic. 6512 Sinusitis, frontal, chronic. 6513 Sinusitis, maxillary, chronic. 6514 Sinusitis, sphenoid, chronic. General Rating Formula for Sinusitis (DC's 6510 through 6514): Following radical surgery with chronic osteomyelitis, or; near constant sinusitis characterized by headaches, pain and tenderness of affected sinus, and purulent discharge or crusting after repeated surgeries 50% Three or more incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment, or; more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting 30% One or two incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment, or; three to six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting 10% Detected by X-ray only 0% Note: An incapacitating episode of sinusitis means one that requires bed rest and treatment by a physician.
  16. Sounds More Like Chronic Fatigue Syndrome than Fibromyalgia, One of the symptoms that makes CFS and Fibromyalgia different is the extended amount of time that it takes to recover from exertion. See a rheumatologist or talk to your primary physician about CFS. I recommend using a private physician for diagnosis for your problems. Get information about Gulf War Illness, CFS, Finromyalgia, and IBS, Talk to a private physician and explain it to them prior to them making a diagnosis. Some VA physicians will try to diagnose all the symptoms, which may cause you problems with applying for benefits from the VA. Your symptoms sound typical of Gulf War Veterans.
  17. http://www.usatoday.com/story/news/nation-now/2015/06/30/iraq-war-veteran-veterans-affairs-no-new-patients/29546453/ I can understand not accepting new patients if they are completely overwhelmed, but please tell us about other options. Give us something.
  18. Just look at all the information i posted. It sounds like you are having problems consistent with Gulf War Illness. If you can't go to a physician outside the VA request a Gulf War exam through the VA. The gulf war exam is free and they will reimburse you for travel. You just have to get to the nearest VA clinic. There is a good chance they will deny you for chronic fatigue if you have low T, but if you were treated for low t, and continued to have the symptoms, then it may be CFS. The main thing you need is current medical records that show you have undiagnosed problems, and what they are. When did the symptoms start and how old are you, Most Gulf War Vets are in their 40's and should not have all of these problems. Its not old age if it started more than 20 years ago. The Skin rash is a symptom of Gulf War Illness, if they are not able to diagnose it. The memory problems and confusion are related to CFS. If your symptoms get worse with exertion that is a symptom of CFS. The Diarrhea may be IBS. IBS can be secondary to Fibromyalgia, so that could be part of your problem. Submit an intent to file, and start getting checked out.
  19. I know this is a lot of information, but I think it is all important, and I probably left some things out. What are your symptoms/problems and do you have any current diagnosis of any illness/disease? One of the biggest problems Gulf War vets have is getting an incorrect diagnosis from a physician. And the only diagnoses that the VA will except for presumptive claims are; Chronic Fatigue Syndrome, Fibromyalgia, and Irritable Bowel Syndrome. If you are diagnosed with a known condition they will not grant your claim. An example - you have shortness of breath and your physician gives you a diagnosis of Asthma - Asthma is a well known illness with known etiology therefore it is not an undiagnosed illness. The physician has to state shortness of breath with unknown etiology for the claim to be granted. Start by reading the information at http://www.publichealth.va.gov/exposures/gulfwar/medically-unexplained-illness.asp There are links there with more specific information. Then go to https://www.law.cornell.edu/cfr/text/38/3.317 This is a search page for VBA appeals decisions. If you search for undiagnosed illness, Chronic Fatigue Syndrome, Fibromyalgia, Irritable Bowel Syndrome and read some of the decisions, you can get an idea of what they are looking for in the claims. http://www.index.va.gov/search/va/bva.jsp Go to the link for 4.88a on this page and read it. http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5 You should get a copy of all of your service and private physician medical records so that your physician can review them. Then explain Gulf War Illness to him/her, if they are not familiar with it. Ask the physician if they are willing to complete the required paperwork to help you with your claim. If not find a new physician, If yes then they should start evaluating you. You should get your physician to complete DBQ's for any of your symptoms. Search Google for CFS DBQ, Fibromyalgia DBQ, Irritable Bowel Syndrome DBQ, They are easy to find. Your physician should test you to verify that your symptoms are not related to any known disease/illness which is not related to service. A lot of people say it is not needed, but I think it helps if your physician states in a letter that your symptoms are "more likely than not" or "at least as likely as not" related to your service in the military during the Gulf War. The terms "more likely than not" (meaning greater than 50% likelihood of a connection) and "at least as likely as not" (meaning equal to or greater than 50% likelihood of a connection) This is called a nexxus statement, and there is a lot of information about nexxus letters on this sight. When you are reading about the presumptive illnesses if you don't understand a symptom, research it. I found that I didn't know what some of the symptoms were, and after researching realized that I had those symptoms. Some Symptoms I thought I knew what they were, but after researching realized I didn't understand them. This is the rating table for CFS, the numbers on the right are the rating percentage for the listed severity of symptoms. (The copy and paste didn't work as well as I would have liked but hopefully ou can understand it.) 6354 Chronic Fatigue Syndrome (CFS): Debilitating fatigue, cognitive impairments (such as inability to concentrate, forgetfulness, confusion), or a combination of other signs and symptoms: Which are nearly constant and so severe as to restrict routine daily activities almost completely and which may occasionally preclude self-care 100 Which are nearly constant and restrict routine daily activities to less than 50 percent of the pre-illness level, or; which wax and wane, resulting in periods of incapacitation of at least six weeks total duration per year 60 Which are nearly constant and restrict routine daily activities to 50 to 75 percent of the pre-illness level, or; which wax and wane, resulting in periods of incapacitation of at least four but less than six weeks total duration per year 40 Which are nearly constant and restrict routine daily activities by less than 25 percent of the pre-illness level, or; which wax and wane, resulting in periods of incapacitation of at least two but less than four weeks total duration per year 20 Which wax and wane but result in periods of incapacitation of at least one but less than two weeks total duration per year, or; symptoms controlled by continuous medication 10 Note: For the purpose of evaluating this disability, the condition will be considered incapacitating only while it requires bed rest and treatment by a physician. Another good link is http://ngwrc.org And you may want to print this and give it to your physician http://ngwrc.org/docs/Help%20for%20your%20Claims/VAtl10-01.pdf . You can private message me with questions, and I will help you if I can. I didn't know what I was doing in the beginning and am now in the appeals process. Maybe the good folks at had it and I can help you and you can get it right the first time.
  20. I was on a different forum, reading about Gulf War Illness when I found this post. Has anyone heard this? Doesn't sound right to me, unless they have changed the policy/law or whatever. im trying to understand my recent rating decision, i was connected 40 percent for fibro. i had a nod in for ibs and cfs. the dro gave me 30 percent for ibs and just attached cfs to the fibro and left it at 40 percent so now my rating says 40 percent for CFS with fibromyalgia and 30 percent for ibs combined for 60 percent. has anyone had this happen to them? i thought they would rate the cfs and fibro seperate. the fibro and the ibs i am taking meds for. the cfs they dropped all the meds because they werent working, then put me on muscle relaxers, however on both dbqs they say that it is disabaling to 50 to 75% and at least 6 weeks of incapacitation. the letter states that they did this to prevent pyramiding. should i file a nod and try to get 2 ratings or leave them combined and claim that they erred and should raise the combined rating to ????
  21. What are your symptoms. There are several Gulf War related problems that are presumptive. The time limit is currently 2016, but I would guess that will be extended. If you have symptoms that are similar to Chronic Fatigue Syndrome, Fibromyalgia, or Irritable Bowel Syndrome definitely file for benefits. Go to your private physician. Explain to him if he can diagnose you, and get Disability Benefits Questionnaires completed by your private physician. Then file a Fully Developed Claim with medical records, history, and DBQ's. If your symptoms are related to the presumptive illnesses you have to show; 1- you have the symptoms (This requires current documentation by a physician) 2- you are a veteran and were in the gulf war theater anytime after 08/1990 until sometime in 2016 ( I expect this to change prior to the deadline) 3- your physician can't connect your symptoms to any known disease (such as PTSD, Low Testosterone, Thyroid Problems, or any other known disease/illness) 4- the problem is chronic (has lasted more than 6 months) 5- it is 10% or more disabling (based on Federal VA law) I have chronic Pain, Chronic Fatigue, Chronic Diarrhea/constipation, cognitive problems. It takes me a week or more to recover from normal exercise or working out at the gym, etc. I sleep 8+ hours, and feel like I have only slept an hour. Any physical or mental exertion causes all symptoms to intensify, as well as causes headaches. I go through depression, because I am realizing that it is not going to go away, and there is no cure. I have found that some medications improve the symptoms, but nothing completely rids me of symptoms. I am currently going through the process and have learned a lot. Let me know if you have any questions. I may be able to help.
  22. I filed a privacy act request, and received a disk in mail in less than a month.
  23. Keep in mind that CFS can be rated at 100%, without any other issues, if it is serious enough. Fibro can be rated max 40% and IBS max 30%. If you have the symptoms, get a diagnosis for CFS. Get a DBQ for CFS along with an opinion that it is related to your service, and submit an FDC. You are already service connected for some of the symptoms, so It shouldn't be difficult to get everything else connected. My physician diagnosed me with CFS, Fibro, and IBS after thorough testing. I submitted everything together, and am waiting. I didn't know what I was doing originally so my claim was denied. Now I am a little more knowledgeable and I am getting ready to submit a NOD. I plan to ask for a DRO review, with new evidence, and hope it will be approved.
  24. Look into the Chronic Fatigue Syndrome, Fibromyalgia. Are you having pain or fatigue. Headaches can be rated secondary to Fibromyalgia, if you get a fibromyalgia diagnosis. I'm not sure of your symptoms, but "dizziness,short term memory loss, impaired gait, loss of balance and tingling in legs" could be related to Fibro or CFS. It could also be related to ALS. I don't know your history or what all of your symptoms are. Just a couple of thoughts that may help you. If you get a diagnosis for CFS or FYbromyalgia, get the Physician to complete a DBQ. Also I recommend reading appeals decisions. Reading them helped me understand the process, and the evidence needed to win. http://www.index.va.gov/search/va/bva.jsp
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