SincityCJ

Welcome to Hadit….Need some additional information to help you… Have you filed previously? do you currently have a rating of any kind? Do you have your c file? As stated above CLL is presumptive for AO exposure. But given the case presented by the very talented and knowledgeable Ms Berta , you could certainly construct a claim for this for GW. You will need to do some homework first. Look through the GW presumptive list and qualifiers for areas, years, etc…make notes applicable to your deployment(s). In general, you need to prove you were in theater during the time window. Use the approach that the VA knows nothing …Seems silly, but it is what it is…just because DOD knows it doesn’t mean VA has a clue. Also, get together any med records you have, test results, Dr notes, etc…. Annotate signs and symptoms before and after the dx, when started, any meds prescribed, who and when DX the condition…ie was it the VA or private Dr? Statements from friends or family members, plus your own accounting of the effects on personal, social and work life. You can file yourself or pay an attorney to do it for you, regardless of the choice, you will need the same information.

mrstephens, Imho, you would use the cranial, meaning brain/head as opposed to the peripheral which applies to arms/legs. If the doc will also complete a dbq for headaches then that can possibly be used as a basis for a secondary condition, if you choose to pursue it. At the least, the second dbq can be used to support the primary condition of Occipital Neuralgia.

Gunny, The lack of a diagnosis with R/A will actually work in your favor. The lack of that condition strengthens the credence to the FM, and it gives you leverage from them writing off your condition as not SC. Remember, GWI claims involve either: A: an undiagnosed illness (within the set of symptoms) (or) B: a diagnosable but medically unexplainable condition. GWI is used similar to Agent Orange in that it qualifies a set or set(s) of conditions, just like your IBS. The VA won't award you with GWI, but rather X condition, i.e IBS, FM, etc... diagnosed or not, attributable to service in the GW theater. For GWI, you do not need a specific incident in service, so long as you were in theater, during the time frame and have either X condition or a set of symptoms that fit within their criteria. It is not the same as say, a knee injury, that you must corroborate. You can certainly have more than one condition which impacts disparate body systems and it sure sounds to me like you do. I suggest reviewing the GWI conditions thoroughly as the VA will look at them. Research the conditions, symptoms of both diagnosed and undiagnosed illnesses and try your best to meet each criteria with some form of evidence. So, this means you should present your claim as: 1. You are a qualified vet with service in one or more of the AOR's, within the timeframes specified. 2. You have been diagnosed with X condition, that is related to the environmental hazards of the Gulf war, (No other sound medical explanation). 3. Backed up with whatever lay evidence you can get, any relevant medical records and an Independent Medical Opinion (IMO). *If it is within your means, I would highly recommend an IMO, spelling out the lack of other conditions and connecting the FM to the Gulf war. The DBQ, in my opine, looks favorable for the FM. I could also see you filing an additional claim after that would be for the memory, sleeplessness etc... Then you have to sit and wait unfortunately. How long really depends on the work load at the DRO. I waited 15 months for a DRO hearing. I've only had one but it worked in my favor, so I recommend them if at all possible. Others may feel otherwise. Keep at them, maintaining your original date if at all possible, as it should work out the best for you in the end, imho.

Hello Ms. Berta! Thanks for the quick response. I sincerely appreciate the help and your opinion. Looks like I have some homework to do on how to prepare the CUE. Hello Vync, The claim was for peripheral neuropathy, in both hands and feet, so in that sense it was specific I guess. I listed them as separate conditions (hands/feet) on the claim form when I filed, since each has a different diagnosis. As an FYI- For the rating of this overall condition, the VA lists specific codes for each individual nerve instead of a single code. So while I claimed the condition, in the supporting documents I also indicated the disability (noted by the Doc) on each nerve, hoping to make it simple enough for the claim examiner to follow the dots. They followed along great for the hands, but basically ignored the feet. Its almost like a typo or like i said above they just quit, at least thats how it seems anyway. I did watch the claim progress on e bennies. I had a sense of foreboding when I saw they approved the hands, adjusting the verbiage to match the appropriate disability coding for the hands of course and the claim for the feet dropped off the radar. The claim is now closed of course but it reflects what was awarded, not what was originally submitted, nothing left open or deferred on even or in the award letter. I submitted several different claims simultaneously. One was awarded outright, #2 they combined several into one rating and this is #3. ( I am kicking myself for not taking a screen shot of what was on E ben. ) So now I have to craft the appropriate appeals. The letter was issued the end of Sept. Thanks for the assistance, I appreciate any and all advice!

Hello Berta, et al, I've been researching this issue of 'lack of rating' pretty extensively since receiving an incomplete decision letter, or more appropriately a lack there of, for a substantial portion of a claim. I believe I have a " Lack of rating CUE" but don't know for sure. Here's the history: I submitted a claim for a diagnosed condition (Peripheral Neuropathy) that was well documented, including detailed reports, diagnostics and an IMO. For reference, this condition effects both upper and lower extremities and is bilateral. The claim spelled out the desired ratings, the individual impairment, including dx codes, individually by each afflicted nerve where applicable, as per title 38. In the decision letter the VA only rated the upper extremity disability. Their letter completely and totally ignored the lower extremity. There is literally no mention of, no denial of, no combined rating of or for the lower extremities. There is absolutely nothing at all regarding the lower extremity in the decision. It's as if they got to a point and just stopped. According to everything I can determine through M21 and 38 CFR, for peripheral neurological disabilities, each nerve impairment is rated individually based upon exam and test results. Bilateral factor applies as does upper/lower extremity consideration when determining the final degrees of disability. So I'm trying to determine the best course of action. I think it meets CUE due to the fact that the RO completely ignored a claimed disability. Factoring in the lower extremity ratings significantly increases the overall rating for the condition and of course overall rating. Is it best to just file the timely NOD? or is CUE more appropriate? Please review and let me know your thoughts. Thanks to all at Hadit!

The DX for IBS will certainly help the appeal. You now need to collect any documentation you have for that claim to file with the NOD. You have 12 months from the date of notification. IBS is listed on the GW presumptives. You absolutely can claim the shoulder, because it occurred while in service. It is a standard claim. What you cannot do is claim it as a GW presumptive. Just because it occurred during DS doesn't automatically make it a presumptive. The GW presumptives are for totally different conditions that are specific to the exposures. See the link below: http://www.benefits.va.gov/COMPENSATION/claims-postservice-gulfwar.asp The skin condition you mention may qualify if it was undiagnosed. This one will likely take some serious work including an IMO as Berta mentioned above to get sorted out.

When did you receive the denial? Just curious as you have a year from their decision to file your NOD. I'm sure others will chime in, so FWIW, my thoughts are you can and should file a timely NOD after and only after: careful examination of what they determined, how/why they denied the claim. development of additional evidence to substantiate the claims/refute the denial. gaining a thorough understanding of some things you can glean from Had it and other sources. getting your C file to determine what evidence is in there. Sorry to say but my .02 is the shoulder condition and the Psoriasis are ineligible for the GW presumptive list. You can see the list on the VA web page for GW vets. Both are diagnosed conditions that are not specifically listed by the VA in 38 CFR and that basically makes them ineligible for that route of service connection. Doesn't mean you don't have them or can't win but it's just not the correct route for service connection. The IBS however, if you meet the criteria, is a GW presumptive and can be claimed as such with some additional documentation. From the denial, it appears your claim didn't include a diagnosis of IBS. You can start gathering evidence for your appeal by getting either a private doctor or the VA to dx you with IBS. I'd recommend the private doc if you can. It will involve a colonoscopy, multiple visits, testing to rule out other conditions, dietary logs etc... Did you have C&P exams for any/all conditions? If so , get those results and see what the C&P doc wrote. In the shoulder decision they refuted your nexus letter. So you may have to fine tune that with some visits to the doc that detail the condition and how is related to service, i.e you worked overhead on c-130 engines for 5 years. Hope this helps.

+1 on the advice from Gastone. If you are referring to the cutoff for GW presumptive, you'll need proof (i.e. a DX) that the condition manifested prior to that date. Unknown if it will be extended or not with the current circa inside the beltway...

First things first, were you granted service connection for the GERD or IBS? If you are a GW vet with qualifying service you may be able to claim it as presumptive. You'll need to check the regs for the particulars on it to see if that applies. Please post a redacted copy (no personal info) of the letter for the good folks here to view and that will make it easier to help you.

just my .02... Did you receive the award letter or looking only at Ebennies? Either one should show the effective date and the rating once a decision is entered. Letter will usually have a table showing date, amount of payment etc... Also check the payment history section of Eben. Depending on the amount of the retro, it may require additional approvals which may eat some time. Congrats on the win!

JATO, Do you have a NOD filed for a different claim in addition to the other FDC you mentioned filing in a another thread or are they one and the same? Asking only as having a NOD under review equals NO FDC for new claims per 38 CFR...

Raza, That seems to be the norm now with Ebennies. Status and what is needed will toggle back and forth, depending on where it is in the process. Dont worry too much over it. My recent claim has done the same thing you mention for several weeks. Remember, if your claim was sub'd as an FDC, you dont want to submit additional evidence (at random during the initial eval ) as it may cause them to remove it from FDC status. There's a list of reasons in 38 CFR for them to bounce it from FDC.

Had very similar MRI results and med notes as yours. Mine was approved first time through after about 10 months total processing time, (submitted as FDC). Initial was 30%, but currently in appeal now (Thanks to HadIt! ). History shows GWI claims are tricky at best. Lots of GWI vets get snared by the unexplained/undiagnosed. It really depends on the claims examiner, the references used and the medical evidence. ( and of course the VA magic 8 ball...) Hang in there bud! Sincerely hope you get it straight from the start! Whatever happens, do not quit! Once you get the packet, go over it very carefully and post any questions you have here. Do your research, see exactly what they condition they really rate you with or how they deny it and go from there. The good folks here will get you on the right path!

DocCO3, We're in a similar situation as far as symptoms go. I was approved for part, working up my NOD now. Read the links Pete provided. Check the VA's page for their definition of GWI. I'd suggest you print it or save it and go over it a couple times as the language can be confusing. Here's the info you want to study (same info Pete posted, from the VA webpage instead of CFR) http://benefits.va.gov/compensation/claims-postservice-gulfwar.asp As it pertains to GWI, treat it as a heading, not a condition. There are several 'components'. For GWI, the 'presumptive' clause means you dont have to tie your condition to a specific incident in service, just prove you were in the selected area of the theater. You have that covered. You also have the conditions prior to the exclusion date on 12/31/16. Last, you also have to prove that you now have x disorder. That part messes up a lot of gulf vets. You must demonstrate that you have one or more of the conditions under the GWI heading: i.e.: a diagnosed illness that meets the CFR such as: CFS, ALS, Functional Gastric condition, or an undiagnosed, medically unexplained condition, or one of the infectious diseases listed. I'd try to get your private doc to sign off on the dbq's for the conditions listed, add the copies of the reports and go from there with your NOD. Hope this helps. Everyone I've dealt with at the VA avoids any mention of GWI like the plague. The latest IOM GWI study even calls them out on this. Don't know if it will have any effect tho.....

Heck Yea!!