Cheri0310

I don't mean to sound like an idiot but what do they mean by "expect the other shoe to drop" and "veterans are not going to like the results"????

I just got an email response from Reporter Paul Egan of the Detroit news. This is what he said. What do you guys think? Dear Cheri: Thanks for writing about your experience with the Department of Veterans Affairs. I have received a large volume of calls and e-mails since my article appeared in Thursday's paper and I am trying to organize a plan for a follow-up article exploring problems at the VA office in Detroit. There is a good chance I will want to contact you in the near future. Thanks again for writing. Paul Egan The Detroit News 313-222-2069

I sent him an email this morning...I'll let you all know if he replys.

My husband is a Michigan veteran with a claim that is currently being processed through the Detroit VAMC. They have already "lost" my H's in service medical records. I would love to be able to take some action for the benefit of all vets but we are so 'new' to this process that I would have no idea where to start......

Here is a case that is cited often as a reference when fighting for gulf war presumptive service connection without a nexus. http://www.warms.vba.va.gov/admin21/precop...rez_01_2105.doc I have many more links to succesful gulf war cases if you're interested in them....

Tom, you are absolutely correct. For gulf war vets, anxiety is a symptom of an undiagnosed illness and is presumptive service connection with no need of a nexus. This is one claim that my husband has right now. They may say that your anxiety is a symptom of your bipolar since you have been diagnosed with that disease. This would be your hurdle in getting your anxiety service connected.

Finally after waiting nearly 2 years we got a letter from the VA saying that they called for C&P exams to be scheduled. My question is...My husband being a gulf war vet (91), would they actually schedule C&P exams if they were questioning service connection? All his claims will have to be connected through the gulf war presumptive connection since all his medical ailments started much after his service.

We too received these computer generated letters. We received them for 6 months at least. When the letters stopped coming then shortly after, they actually did start processing our claim. It has been 18 months and we still have no initial decision from VA. Sorry I don't have better news.

You're welcome. I would be able to help you more if you were claiming undiagnosed illness instead of als, since that is the fight that my husband and I are preparing for. Best of luck to you and I really would continue your fight. ALS is definitely linked to gulf service.

GULF WAR COMPENSATION UPDATE January 4, 2002 The method created by Congress in 1994 to compensate Gulf War illnesses has, in practice, resulted in several problems. Congress and the VA recently provided some solutions. Amyotrophic Lateral Sclerosis (ALS) The VA has found preliminary evidence that veterans who served in the Gulf are nearly twice as likely as their non-deployed counterparts to develop ALS. Because of this finding, the VA will now automatically grant claims from veterans who served in the Gulf August 1, 1990, to July 31, 1991, and have subsequently developed ALS. This rule affects eligible veterans, or their survivors, immediately, even though the study is just preliminary. The ratings will be permanent even if the studies’ results later change. If a Gulf War veteran ever filed a VA claim for ALS and or an undiagnosed neurological condition, he or she or their survivor should refile their claim. Participation in Disease Specific Studies The Department of Veterans Affairs (VA) is currently conducting medical research concerning the association, if any, between veterans who served in the Gulf and certain diseases. It is important that all veterans who may be affected participate in these studies. However, some veterans who are currently being compensated on the basis of an "undiagnosed illness" have declined to participate in the studies due to the fear of losing service-connected compensation and health benefits if they are "diagnosed" with a specific disease. Public Law 107-103 gives the VA the authority to protect compensation for undiagnosed illnesses when VA determines that such protection is necessary to ensure adequate participation by veterans in VA-sponsored medical research. This is particularly important for research that requires a high level of participation to achieve its objective. The new law gives the VA authority to provide such protection whether the research was conducted before, or after the date of enactment of the new law and requires the VA to list the applicable research projects in the Federal Register. Clearer Definition of Undiagnosed Diseases The 1994 statutory scheme was intended to provide compensation to deployed Gulf War veterans who suffer from disabilities that cannot now be diagnosed or defined, and for which other causes cannot be identified. In interpreting this legislation, VA issued a General Counsel Opinion holding that only disabilities which cannot be attributed to "any known clinical diagnosis" could be compensated. Many Gulf War veterans reported disabilities related to poorly understood multi-symptom disabilities which may be classified as "undiagnosed" by one physician or referred to as "chronic fatigue syndrome" or "chronic multi-symptom" illnesses by another physician. This resulted in disparate treatment of veterans with similar signs and symptoms. In order to address this problem and to insure that the law is interpreted to provide benefits for similarly disabled veterans, Public Law 107-103 expands the definition of undiagnosed illnesses to include, “medically unexplained chronic multisymptom illnesses,” such as, fibromyalgia, chronic fatigue syndrome, and irritable bowel syndrome. Any other chronic multi-symptom illness or any other ill-defined illness or combinations of illnesses may be added if the VA deems it appropriate. The law lists 13 specific signs and symptoms of undiagnosed illness the VA is to consider in deciding whether to add other diseases. The VA will issue a directive shortly directing payment to veterans with the three specific diseases listed above. Expansion of Period of Time Symptoms to Manifest The January 1, 2002 date regarding initial onset of undiagnosed illnesses was extended to December 31, 2006 by VA regulation and Public Law 107-103 gives the VA the authority to extend this “delimiting” date for another five years. National Academy of Sciences (NAS) Reports The NAS now has until September 30, 2011 to report on underdiagnosed illnesses. Problem with Definition of Deployment to a War Zone The compensation scheme still does not include veterans stationed in Turkey, Israel and the surrounding areas. These veterans took similar medications and were exposed to depleted uranium as were those veterans covered by the 1994 law. *****This may not apply to you because of the date you began serving in the gulf

Thank you for the response. We are over 7 months into this claim and still no C&P exam. Was starting to wonder if they were going to order one at all. I certainly do not understand how they will not approve his fibromyalgia for compensation. You really need to fight that one. I'm starting to believe that we have a denial in our future since we have no c & p scheduled and no resonses except then initial letters and then the generic ones. I guess time will tell

Here is some more information I've dug up. <H5 style="MARGIN: 0in 0in 0pt">b. Information Required to Decide the Issue of Service Connection for an Undiagnosed Illness</H5>The following information is required in order to determine whether service connection for an undiagnosed illness is in order: · when the illness arose · whether the illness was severe enough to warrant the assignment of a compensable evaluation at any time during the presumptive period, unless manifested while in the Southwest Asia theater, and · whether the illness chronically persisted for at least six months. <H5 style="MARGIN: 0in 0in 0pt">c. Relevancy of Medical Evidence</H5>When the object of service connection is identification of a diagnosed illness, medical evidence is of paramount importance because a physician specializes in identifying disabilities through diagnoses. The concept of “objective indications” expressed in 38 CFR 3.317 makes clear that the evidence required for undiagnosed illnesses, or illnesses which are outside the scope of medical understanding, is not so dependent on formal medical evidence. Check out this link.... http://www.warms.vba.va.gov/admin21/m21_1/...2/ch02_secd.doc

I'm sorry, I'm not so sure how much help I can be since my husband is in the same boat as yours and we are currently waiting on a decision. This is what I've read about presumed disability's relating to the Gulf war. Served in the Southwest Asia Theater of Operations during the Gulf War with condition at least 10 percent disabling by 12/31/11. Included are medically unexplained chronic multi-symptom illnesses defined by a cluster of signs or symptoms that have existed for six months or more, such as: · chronic fatigue syndrome · fibromyalgia · irritable bowel syndrome · any diagnosed or undiagnosed illness that the Secretary of Veterans Affairs determines warrants a presumption of service connection Signs or symptoms of an undiagnosed illness include: fatigue, skin symptoms, headaches, muscle pain, joint pain, neurological symptoms, respiratory symptoms, sleep disturbance, GI symptoms, cardiovascular symptoms, weight loss, menstrual disorders When did you file? How long did it take for a denial? Did he have a C&P exam?

John, We are doing what you suggested with going on with the most normal life that we know how. I know in my heart that my husband is having all of these problems because of his service in Iraq/Saudi/Kuwait. He was one of the troops that was exposed to the chemical weapon demolition in Khamisiyah and his health has been deteriorating slowly for 15 years. I have to be honest though and tell you that I'm not so sure how strong his fight will be. If he is denied on lack of service connection or lack of medical evidence I feel that he may just roll over. I hope that he will fight because although he may not be 100% disabled, his life is forever being altered by his service for his country. I feel so bad for him and everything he is going through. Anyway, thank you so much for your advice and hopefully we get some kind of positive answer back from VA since I'm not so sure that my husband will continue to fight if we get the worst news. Cheri <br /><br /><br />