k5one

What you reported above happens a lot. You go to 5 different doctors for the same thing and get diagnosed with 5 different illnesses. This is not necessarily a bad thing, as far as compensation. It means your problems are Gulf War Related, and they don't know what the hell is wrong with us. Physicians don't like to admit they don't know, so they label it with whatever is closest. Print out the VA website's list of Gulf War symptoms take it to a Physician. Get him to write an opinion, that due to your history, and multiple incorrect diagnoses, compared to Gulf War Illness literature, it is more likely than not related to your service in the Gulf War. The bad news is there is really nothing they can do for it, so far, except trial and error. Try a medication if it helps continue. If it doesn't help or makes it worse, stop and try something different. From my personal experience, Cymbalta helps the pain. I haven't found anything to help the fatigue, or cognitive problems. The headaches, I just try to relax, and wait for them to pass, because I haven't found anything to help them. I am currently working, but I am not sure how much longer I will be able to continue. I have to force myself out of bed every morning, because of the fatigue and pain. Its only possible, because I know that I will lose my house, if I don't work. I don't have PTSD, or at least mine is very minor. I know my pain, fatigue, and cognitive problems are not caused by PTSD. The hardest part of the process for me was finding a Physician willing to talk to me about my symptoms, explain the symptoms, and compare them to the Gulf War Symptoms. Then talking him into doing the paperwork to help with my claim.

I'm not sure about your original question, but you can get SCed for headaches secondary to Fibromyalgia. Even though it is a symptom of fibromyalgia, I have seen several cases that people were awarded separately for headaches secondary to fibromyalgia. Its weird they say getting rated for gerd and IBS is pyramiding, but Fibromyalgia and headaches is not considered pyramiding. Just thought this information might help.

Dependent - Spouse or unmarried child (to include a biological, legally adopted, or step child under the age of 18, or between the ages of 18 and 23 and attending school, or a child who was permanently and totally disabled before the age of 18) I believe this is the correct definition. I believe you would have to adopt them to get VA benefits, but then you would lose the state benefits. I believe the state benefits are probably more than the VA benefits. At least they are in my state.

If you have a diagnosis, get the physician to complete a DBQ and write a letter with his opinion that it is service related. The CFS can be rated up to 100%. You are Gulf War. It is presumptive. If you have had symptoms for at least 6 months you should be able to get it. Reading the appeals cases through the link above helped me more than anything else. The denials I see are because they were never diagnosed with CFS, Fibro or IBS. The gulf war vets that are appealing with a CFS, Fibro, or IBS diagnosis are being granted service connection in the appeals. I was denied service connection for everything, because I did not have a diagnosis. I was later diagnosed with all three. I have submitted DBQ's and a letter from my physician, and am hoping for service connection through reconsideration. I am going to file an appeal if I don't hear from them soon, as my appeal time limit is July. According to my DBQ's when it is all done I should get CFS 60%, Fibro 40%, IBS 10%.

Have you read any of the Appeals Cases on this? Just go in and search Fibromyalgia or undiagnosed illness. Read the appeals, and you will see what they awarded and then base your decision on how the VBA is awarding the claims. http://www.index.va.gov/search/va/bva.jsp You will get a lot of good advice here, as you know, but reading the appeals decisions helped me decide on which advice to follow. I know they are awarding CFS, Fibro, and IBS separately. They are also awarding secondary claims for headaches and other things, I can't remember everything. Also I recommend looking into CFS, if you are diagnosed with it the max is 100%, where fibro the max is 40%. I was diagnosed with both, the symptoms are similar, but there are ways to differentiate, and I have the symptoms for both. A diagnosis of CFS would put you up to 100% easily.

I am thinking that the Joint Motion for Remand would benefit the VA, by the fact that there is no new case law that the VA has to implement. A Court ordered remand can change case law, and force the VA to implement new rules. Am I correct in this? Not sure about this, but I was just trying to understand how the VA would benefit. This along with, as stated above, a joint motion for remand gives the VA an opportunity to regroup, add evidence to help them, or at least not get a 100% loss.

http://www.benefits.va.gov/PERSONA/veteran-abroad-contact.asp

c. Determining Whether to Include Appeal Rights in the Decision Notice Include appeal rights in a decision notice issued in response to a request for reconsideration only if VA received or obtained new evidence in connection with the claim for reconsideration. Include the appeal rights and a VA Form 21-0958, Notice of Disagreement, regardless of whether or not the decision at issue changed. Does this give the option to appeal the reconsideration, and will it give you a year after the reconsideration to appeal, when N&M Evidence is submitted. Not sure anyone knows, but I believe that would definitely help. I guess what I am trying to ask is - will this give you a new appeal deadline? In my case I submitted N&M Evidence in March, and my current appeal deadline is in July. I plan on appealing in July, if the N&M Evidence doesn't change their decision, or the Reconsideration isn't completed prior to the deadline.

http://finance.yahoo.com/news/latest-outrage-veterans-affairs-210400660.html

I have been reading a lot of BVA appeals cases. It seems that to beat the VA at the "you don't have an undiagnosed illness, because the VA diagnosed you with XYZ", you have to get a vet friendly private physician/specialist. If the VA has two doctors who say your symptoms are due to an illness that you were diagnosed with, you need 3 doctors that say your problems can't be attributed to any known illness. If it is one PA/Nurse practitioner, you just need one physician to say undiagnosed. I have been studying this and it seems that if you get a primary physician and a rheumatologist to give you a diagnosis of Chronic Fatigue Syndrome and/or Fibromyalgia, you should be able to get the benefits. Study up on the symptoms, look at the DBQ's and make sure you understand your symptoms. My biggest problem with my claim was not knowing, what I was doing. I found a private physician who was willing to take the time and explain my symptoms, and why I was having problems. I spent 5 hours with my physician's PA at one appointment, where we went through the DBQ's line by line. He basically cleared his schedule for the day, and explained CFS, FM, and several other problems I am having. This is unusual, but there are private physicians willing to help.

I would try to get both. Two is better than one, as long as they agree.

What I was told was that they block 4-5 hours for the examiner, so they have time to review your c-file. Your exam will only last as long as you, need to explain your symptoms to the examiner. There was no blood work, no testing. She did a basic check; listen to heart and lungs, checked reflexes, asked me if i was currently being treated by a physician. I said no, she said there is nothing wrong, and sent me on my way after about 20 minutes. Hopefully yours goes better. I have since went to a private physician, and after months of testing and exams I think I have everything I need to complete my claim.

I did a request at Atlanta RO a few months back. It took about a month and I got it on CD. I hate to hear this change. Its sounds like another way to slow things down, unless they give us the information, so we can send it to the centralized location.

Well it seems to be an employee and manager that didn't know what they were talking about. The owners seem apologetic. Its terrible that businesses don't know how to treat people with service animals. Where I work, if there is any possibility that it is a service animal, we don't even question them.

The biggest problem I see, a disabled veteran is having problems, and is depressed. He is hired by the VA, and is happy that he will be able to help veterans. Then he finds that he has to screw veterans, and his depression and everything else becomes worse. I have actually seen this. I have friends and relatives who are or have worked for the VA.

I have been researching this, and doing a lot of reading. You need to have a "diagnosis" of no diagnosis of the Gulf War presumptives. They recognize IBS, Chronic Fatigue Syndrome, and Fibromyalgia. You already have a diagnosis for IBS. If you can get a diagnosis for CFS or Fibro you can claim those as CMI (chronic multisymptom Illness). You shouldn't have to have a nexus statement, but ask your doctor, if he feels comfortable giving an opinion "that your symptoms are at least as likely as not related to your service". (My doc stated more likely than not). It sounds like you have the symptoms of CFS and/or Fibro, you just need to get a diagnosis. If you can't get a diagnosis of one or both of them, then get a doc to say that the etiology of your symptoms is unknown. Does this sound familiar? I wake up in the morning fatigued and in pain. I have muscle stiffness, and sometimes I just can't get out of bed. I have problems with memory recall, short term memory loss, and get confused easily. I have IBS, which causes constant abdominal distress/pain. I have headaches, which worsen as I become more physically or mentally active. I could write pages of all the symptoms, and how it affects me, but hopefully this is enough that you see that you are not the only one, and this is real. Definitely make a claim for the problems, and read the va and other websites to learn about the gulf war illness/CMI. I have not found any treatment that works for everyone, but there are medications and some therapy that helps the symptoms. Everything i have read and studied says there is no cure. Hot bath/hot tub therapy gives me some relief, and bed rest on the days when it is really bad. I have not been awarded anything at this point, but I have spent the last year studying this, and if you have any questions please let me know, I may be able to answer them. I was not prepared when I submitted my original claim, and it was denied, but I am not giving up. There is a lot of success with these claims, you just have to have the required evidence. I also recommend that you research and read BVA decisions. It will open your eyes to the mistakes people make when they submit there claims, and also show you the evidence presented in a successful appeal.

Are you able to see a private physician. If so skip the VA, and find a private physician. Don't wait for the VA, unless it is your only option. You know you have the problems, find a private physician willing to complete the paperwork, and get it completed.

I went to them with a question, and he couldn't get me out of the office fast enough. Didn't really help much, and then I got a letter from the VA and i noticed that they are listed as my representative. I didn't realize that because I used them on a claim 15 years ago, they were still being notified about my new claims which I worked up myself.

If possible go to a private physician. Take your VA and service medical records and let him review them. Explain to him in detail what you need. You will have to find a physician who will complete the DBQ's and a nexxus letter. I was fortunate, and found a good physician who is very vet friendly. Good Luck!

I am with you Sierra. Great description of the problems I have. Fortunately my wife insisted on getting a Jacuzzi tub, several years ago. Hot baths do give some temporary relief, unfortunately it doesn't last long enough.

I have some experience with this. I am a Gulf War/Desert Shield/Desert Storm vet. I have been having problems for about 20 years. I would recommend that you see a private physician, if that is an option. At the first appointment explain that you are a vet, and would like to get his help with diagnosis, as well as his opinion of whether or not it is service related. Take DBQ's with you and explain that you need them completed by him, after he decides on a diagnosis. Some private docs, are willing some not, so don't waste your time/money with a doc that is not willing to do the paperwork. Just a thought, and you are the only one who can really make this decision, because you are the one who knows your symptoms. Gulf war vets, anytime from Desert shield to current, fall under presumptive for Chronic Fatigue Syndrome, Fibromyalgia, and Irritable Bowel Syndrome. Chronic Fatigue Syndrome and Fibromyalgia are very similar in symptoms. CFS will pay 100%, while Fibromyalgia will only pay 40%. A good private physician will take the time to explain the symptoms and make sure you understand your symptoms. You may have CFS instead of, or as well as Fibromayalgia, VA recognizes both, and they are individual so you an get rated for both individually. IBS is a symptom of Fybromyalgia and is also rateable upt to 30% max. So in best circumstances you could get rated CFS 100%, Fibro 40%, and IBS 30%. The VA physician is probably not going to be willing to do as much work for you as a good private physician. I am seeing a lot of success with Gulf war claims on the forums, and in reading VBA appeals, but you must have the diagnosis, nexxus letter and DBQ's.

Thanks to Had It, I know a lot more than I did when I filed my claim. I am learning, and correcting my ignorance. I should have everything by the end of the month. I just have to find a day when my mind is actually working, so that I can get it all together.

I haven't checked this thread in a while, so sorry for not responding sooner. I am a Gulf War Vet and my problems are all presumptive. I am currently working at a hospital, and have great insurance benefits, so I don't use the VA Hospital. (Also its a 3 hour drive to the VA Hospital, so very inconvenient) I have a current diagnosis now, from my physician. I gave him a copy of my entire c-file, including SMR's. He is going to give me a nexxus statement at my next appointment. I also have a physician, who is going to review my records from my local physician, as well as my c-file, and give me an IMO/Nexxus statement. I have decided not to get an attorney, until I see how this plays out. I was originally denied, because I didn't have a current diagnosis, so with my current diagnosis, hopefully everything goes as it should. I appreciate all the comments. Its great to have a place like this to get information. If I would have found it sooner, I might not have been denied in the initial review. I've spent countless hours reading these forums and BVA appeals, trying to learn and understand how to get this right. When I finally get through this, I plan to spend some time helping others in hopes they will not make the same mistakes I did.

I was thinking that the NOD deadline stayed the same, but just wanted another opinion. Thank you

My claim was denied June 2014. I now have a diagnosis/IME and will probably have a IMO soon. I am submitting all of this in January 2015. As I understand it, a new diagnosis/IME/IMO is N&M evidence, which will trigger an automatic review, within 1 year of denial of your claim. My question is; After I submit my N&M evidence, if it is denied, will this reset the 1 year for appeal, or is the appeal time frame still 1 year from June. I plan to file an appeal if my claim is not granted prior to June of 2015, but was trying to find how N&M evidence affects the appeal time frame.