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http://www.medicinen...ome/article.htm Defining CFS Symptoms CFS is marked by extreme fatigue that has lasted at least six months; is not the result of ongoing effort; is not substantially relieved by rest; and causes a substantial reduction in daily activities.In addition to fatigue, CFS includes eight characteristic symptoms:postexertional malaise (relapse of symptoms after physical or mental exertion);unrefreshing sleep;substantial impairment in memory/concentration;muscle pain;pain in multiple joints;headaches of a new type, pattern or severity;sore throat;and tender neck or armpit lymph nodes.[*]Symptoms and their consequences can be severe. CFS can be as disabling as multiple sclerosis, lupus, rheumatoid arthritis, congestive heart failure and similar chronic conditions. Symptom severity varies from patient to patient and may vary over time for an individual patient.

http://www.medicinenet.com/diabetes_mellitus/article.htm Diabetes At A Glance Diabetes is a chronic condition associated with abnormally high levels of sugar (glucose) in the blood. Insulin produced by the pancreas lowers blood glucose. Absence or insufficient production of insulin causes diabetes. The two types of diabetes are referred to as type 1 (insulin dependent) and type 2 (non-insulin dependent). Symptoms of diabetes include increased urine output, thirst and hunger as well as fatigue. Diabetes is diagnosed by blood sugar (glucose) testing. The major complications of diabetes are both acute and chronic. Acutely: dangerously elevated blood sugar, abnormally low blood sugar due to diabetes medications may occur. Chronically: disease of the blood vessels (both small and large) which can damage the eye, kidneys, nerves, and heart may occur [*]Diabetes treatment depends on the type and severity of the diabetes. Type 1 diabetes is treated with insulin, exercise, and a diabetic diet. Type 2 diabetes is first treated with weight reduction, a diabetic diet, and exercise. When these measures fail to control the elevated blood sugars, oral medications are used. If oral medications are still insufficient, insulin medications are considered.

http://www.medicinen...thy/article.htm Peripheral Neuropathy At A Glance There are many causes of peripheral neuropathy, including many drugs, diabetes, shingles, kidney failure, and vitamin deficiency. Many causes of peripheral neuropathy can be successfully treated or prevented. The treatment for a peripheral neuropathy depends on its cause.

http://www.medicinen...der/article.htm PTSD At A Glance Posttraumatic stress disorder (PTSD) is an emotional illness that was first formally diagnosed in soldiers and war veterans and is usually caused by terribly frightening, life-threatening, or otherwise highly unsafe experiences but can also be caused by devastating life events like unemployment or divorce.PTSD symptom types include re-experiencing the trauma, avoidance, and hyperarousal.PTSD has a lifetime prevalence of 7%-30%, with about 5 million people suffering from the illness in any one year. Girls, women, and ethnic minorities develop PTSD more than boys, men, and Caucasians.Complex posttraumatic stress disorder (C-PTSD) usually results from prolonged exposure to traumatic event(s) and is characterized by long-lasting problems that affect many aspects of emotional and social functioning.Symptoms of C-PTSD include problems regulating feelings, dissociation, or depersonalization; persistent depressive feelings, seeing the perpetrator of trauma as all-powerful, preoccupation with the perpetrator, and a severe change in what gives the sufferer meaning.Untreated PTSD can have devastating, far-reaching consequences for sufferers' medical and emotional functioning and relationships, their families, and for society. Children with PTSD can experience significantly negative effects on their social and emotional development, as well as their ability to learn.Although almost any event that is life-threatening or that severely compromises the emotional well-being of an individual may cause PTSD, such events usually include experiencing or witnessing a severe accident or physical injury, getting a frightening medical diagnosis, being the victim of a crime or torture, exposure to combat, disaster or terrorist attack, enduring any form of abuse, or involvement in civil conflict.Issues that tend to put people at higher risk for developing PTSD include female gender, minority ethnicity, increased duration or severity of, as well as exposure to, the trauma experienced, having an emotional condition prior to the event, and having little social support. Risk factors for children and adolescents also include having any learning disability or experiencing violence in the home.Disaster preparedness training may be a protective factor for PTSD.Medicines that treat depression (for example, serotonergic antidepressants or SSRIs), that decrease the heart rate (for example, propranolol), or increase the action of other body chemicals (for example, hydrocortisol) are thought to be effective tools in the prevention of PTSD when given in the days immediately after an individual experiences a traumatic event.SSRIs seem to be most effective in treating persons whose PTSD is the result of non-combat related trauma.Individuals who wonder if they may be suffering from PTSD may benefit from taking a self-test as they consider meeting with a practitioner. Professionals may use a clinical interview in either adults, children, or adolescents, or one of a number of structured tests with children or adolescents to assess for the presence of this illness.Diagnosing PTSD can present a challenge for professionals since sufferers often come for evaluation of something that seems to be unrelated to that illness at first. Those symptoms tend to be physical complaints, depression, or substance abuse. Also, PTSD often co-occurs with other anxiety disorders, manic depression, or with eating disorders.Challenges for the assessment of PTSD in children and adolescents include adult caretakers' tendency to be unaware of the extent of the young person's symptoms and the tendency for children and teens to express symptoms of the illness in ways that are quite different from adults.Treatments for PTSD usually include psychological and medical treatments. Education about the illness, helping the individual talk about the trauma directly, exploration and modification of inaccurate ways of thinking about it, and teaching the person ways to manage symptoms and are the usual techniques used in psychotherapy. Family and couples' counseling, parenting classes, and education about conflict resolution are other useful psychotherapeutic interventions.Directly addressing the sleep problems that are associated with PTSD has been found to help alleviate those problems, thereby decreasing the symptoms of PTSD in general.Medications that are usually used to help PTSD sufferers include serotonergic antidepressants (SSRIs) and medicines that help decrease the physical symptoms associated with illness. Other potentially helpful medications for managing PTSD include mood stabilizers and antipsychotics. Tranquilizers have been associated with withdrawal symptoms and other problems and have not been found to be significantly effective for helping individuals with PTSD.Some ways that are often suggested for PTSD patients to cope with this illness include learning more about the illness, talking to others for support, using relaxation techniques, participating in treatment, increasing positive lifestyle practices, and minimizing negative lifestyle practices.

http://www.medicinen...nea/article.htm Sleep Apnea At A Glance Sleep apnea is defined as a reduction or cessation of breathing during sleep. The three types of sleep apnea are central apnea, obstructive apnea, and a mixture of central and obstructive apnea. Central sleep apnea is caused by a failure of the brain to activate the muscles of breathing during sleep. Obstructive sleep apnea is caused by the collapse of the airway during sleep. The complications of obstructive sleep apnea include high blood pressure, strokes, heart disease, automobile accidents, and daytime sleepiness as well as difficulty concentrating, thinking and remembering. Obstructive sleep apnea is diagnosed and evaluated by history, physical examination and polysomnography. The non-surgical treatments for obstructive sleep apnea include behavior therapy, medications, dental appliances, continuous positive airway pressure, bi-level positive airway pressure, and auto-titrating continuous positive airway pressure. The surgical treatments for obstructive sleep apnea include nasal surgery, palate implants, uvulopalatopharyngoplasty, tongue reduction surgery, genioglossus advancement, maxillo-mandibular advancement, tracheostomy, and bariatric surgery.

http://www.medicinen..._gerd/page9.htm GERD At A Glance GERD is a condition in which the acidified liquid contents of the stomach backs up into the esophagus. The causes of GERD include an abnormal lower esophageal sphincter, hiatal hernia, abnormal esophageal contractions, and slow emptying of the stomach. GERD may damage the lining of the esophagus, thereby causing inflammation (esophagitis), although usually it does not. The symptoms of uncomplicated GERD are heartburn, regurgitation, and nausea. Complications of GERD include ulcers and strictures of the esophagus, Barrett's esophagus, cough and asthma, throat and laryngeal inflammation, inflammation and infection of the lungs, and collection of fluid in the sinuses and middle ear. Barrett's esophagus is a pre-cancerous condition that requires periodic endoscopic surveillance for the development of cancer. GERD may be diagnosed or evaluated by a trial of treatment, endoscopy, biopsy, x-ray, examination of the throat and larynx, 24 hour esophageal acid testing, esophageal motility testing, emptying studies of the stomach, and esophageal acid perfusion. GERD is treated with life-style changes, antacids, histamine antagonists (H2 blockers), proton pump inhibitors (PPIs), pro-motility drugs, foam barriers, surgery, and endoscopy.

http://www.medicinen...ome/article.htm Irritable Bowel Syndrome (IBS) At A Glance IBS is a functional disease, that is, a disease in which the intestine (bowel) functions abnormally. Theories of the cause of IBS include abnormal input from intestinal sensory nerves, abnormal processing of input from the sensory nerves, and abnormal stimulation of the intestines by the motor nerves. The primary symptoms of IBS are constipation, diarrhea, and abdominal pain. Secondary symptoms include abnormal passage of stool, abnormal form of stool, increased amounts of mucus in the stool, and a subjective feeling of abdominal distention (bloating). IBS is diagnosed on the basis of typical symptoms (Rome Criteria) and the absence of other intestinal and non-intestinal diseases that may give rise to the symptoms. Testing in IBS is directed primarily at excluding the presence of other intestinal diseases and non-intestinal diseases. Treatment of IBS consists primarily of medications to control constipation, diarrhea, and abdominal pain. Anti-depressant medication and psychological treatments also may be used. It is not clear if dietary alterations have much effect on the symptoms of IBS except for increases in dietary fiber, which may improve constipation. Although it has been hypothesized that IBS may be caused by intestinal bacteria, specifically by small intestinal bacterial overgrowth, there is little rigorous scientific support for the hypothesis. On the other hand, there are a limited number of rigorous scientific studies demonstrating that probiotics and antibiotics improve the symptoms of IBS. Future advances in the treatment of IBS depend on a clearer understanding of its cause(s).

http://www.medicinen...gia/article.htm Fibromyalgia At A Glance Fibromyalgia causes pain, stiffness, and tenderness of muscles, tendons, and joints without detectable inflammation.Fibromyalgia does not cause body damage or deformity.Fatigue occurs in 90% of patients with fibromyalgia.Irritable bowel syndrome can occur with fibromyalgia.Sleep disorder is common in patients with fibromyalgia.There is no test for the diagnosis of fibromyalgia.Fibromyalgia can be associated with other rheumatic conditions.Treatment of fibromyalgia is most effective with combinations of education, stress reduction, exercise, and medications.

http://www.va.gov/Fi..._Final_6261.pdf

http://fmcfsme.com/ Fibromyalgia (FM) makes you feel tired and causes muscle pain and "tender points." Tender points are places on the neck, shoulders, back, hips, arms or legs that hurt when touched. People with fibromyalgia may have other symptoms, such as: Widespread musculoskeletal painHeadachesNon restorative sleepFatiguePsychological distressSpecific regions of localized tendernessMorning stiffnessTingling or numbness in hands and feetHeadaches, including migrainesIrritable bowel syndrome (IBS)Problems with thinking and memory (called "fibro fog")Painful menstrual periods and other pain syndromes CFS stands for chronic fatigue syndrome. Chronic means persistent or long-term. ME stands for myalgic encephalomyelitis. Myalgic means 'muscle aches or pains'. Encephalomyelitis means inflammation of the brain and spinal cord. CFS/ME is a serious, disabling and chronic neurological illness. Symptoms include: excessive fatiguegeneral painmental fogginessoften gastro-intestinal problemsfatigue following stressful activitiesheadachessore throatsleep disorderabnormal temperatureand others

Week of March 21, 2011 Approximately 70,000 veterans who were given a medical separation between September 11, 2001 and December 31, 2009 have the chance to have their separations reviewed and possibly changed to a medical retirement. The reviews are conducted by the Physical Disability Board of Review, which will examine each applicant's medical separation and make a recommendation to the respective Service Secretary based on their findings. Although there is no guarantee that applicants will become retirement eligible, there is no risk of veterans losing their existing benefits. To be eligible veterans must have been medically separated with a combined disability rating of 20 percent or less, and originally not found eligible for retirement. Visit the PDBR website to learn more and begin the application process. Please pass this along to any veterans you know who may qualify for the PDBR. Read more about the PDBR on the Military Advantage Blog.

Legislation has been introduced in both houses of the 112th Congress that would allow qualified military retirees to receive both their VA disability compensation and DoD pensions at the same time. Concurrent receipt of retirement pay and disability compensation has been expanded in recent years, but it still does not apply to military retirees with service-connected disabilities rated less than 50 percent. Sen. Harry Reid, D-Nev. , introduced the "Retired Pay Restoration Act of 2011" S. 344 on Feb. 14 to go along with a similar measure, H.R. 333, previously introduced in the House by Rep. Sanford Bishop, D-Ga. H.R. 333 already has 97 cosponsors. Two other House bills also address lifting the ban on concurrent receipt. http://www.military....current-receipt

http://www.disabled-...e_picture.shtml

ORDER Service connection for a disorder manifested by fatigue, as an undiagnosed illness, is granted. Service connection for a disorder manifested by bilateral knee pain, diagnosed as fibromyalgia, is granted. Service connection for a headache disorder, variously diagnosed, is granted. Service connection for a disorder manifested by back pain,diagnosed as lumbosacral strain, is granted. Service connection for a disorder manifested by neck pain,diagnoses as spondylosis, is granted. Service connection for a disorder manifested by bilateral wrist pain, diagnosed as tendonitis, is granted. http://www4.va.gov/v...es4/0930949.txt

38CFR4.88a Chronic Fatigue Syndrome 6354 Chronic fatigue syndrome (CFS): Debilitating fatigue, cognitive impairments (such as inability to concentrate, forgetfulness, or 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 from 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, incapacitation exists only when a licensed physician prescribes bed rest and treatment. [61 FR 39875, July 31, 1996, as amended at 84 FR 28230, June 18, 2019]

Depending on the record and the medical opinion and rationale, it is hard for VA to deny the claims. In a lot of cases the veteran may have to appeal to get his or her claims awarded but it can be done. ORDER Entitlement to service connection for chronic fatigue syndrome/ fibromyalgia is granted, subject to the rules and payment of monetary benefits. Entitlement to service connection for Epstein-Barr syndrome is granted, subject to the rules and payment of monetary benefits. Entitlement to service connection for tropical disease or parasitic infection, chronic giardiasis is granted, subject to the rules and payment of monetary benefits. Entitlement to service connection for obstructive sleep apnea is granted, subject to the rules and payment of monetary benefits. Entitlement to service connection for restless leg syndrome is granted, subject to the rules and payment of monetary benefits. Entitlement to service connection for immune disorder is granted, subject to the rules and payment of monetary benefits. http://www4.va.gov/v...es2/0813781.txt

Just Passing on information that some may not know they have an Immune Disorder. This may not be a complete list List of Autoimmune and Autoimmune-Related Diseases Acute Disseminated Encephalomyelitis (ADEM)Acute necrotizing hemorrhagic leukoencephalitisAddison's diseaseAgammaglobulinemiaAllergic asthmaAllergic rhinitisAlopecia areataAmyloidosisAnkylosing spondylitisAnti-GBM/Anti-TBM nephritisAntiphospholipid syndrome (APS)Autoimmune aplastic anemiaAutoimmune dysautonomiaAutoimmune hepatitisAutoimmune hyperlipidemiaAutoimmune immunodeficiencyAutoimmune inner ear disease (AIED)Autoimmune myocarditisAutoimmune pancreatitisAutoimmune retinopathyAutoimmune thrombocytopenic purpura (ATP)Autoimmune thyroid diseaseAxonal & neuronal neuropathiesBalo diseaseBehcet's diseaseBullous pemphigoidCardiomyopathyCastleman diseaseCeliac diseaseChagas diseaseChronic fatigue syndrome**Chronic inflammatory demyelinating polyneuropathy (CIDP)Chronic recurrent multifocal ostomyelitis (CRMO)Churg-Strauss syndromeCicatricial pemphigoid/benign mucosal pemphigoidCrohn's diseaseCogans syndromeCold agglutinin diseaseCongenital heart blockCoxsackie myocarditisCREST diseaseEssential mixed cryoglobulinemiaDemyelinating neuropathiesDermatitis herpetiformisDermatomyositisDevic's disease (neuromyelitis optica)Discoid lupusDressler's syndromeEndometriosisEosinophilic fasciitisErythema nodosumExperimental allergic encephalomyelitisEvans syndromeFibromyalgia** Fibrosing alveolitisGiant cell arteritis (temporal arteritis)GlomerulonephritisGoodpasture's syndromeGraves' diseaseGuillain-Barre syndromeHashimoto's encephalitisHashimoto's thyroiditisHemolytic anemiaHenoch-Schonlein purpuraHerpes gestationisHypogammaglobulinemiaIdiopathic thrombocytopenic purpura (ITP)IgA nephropathyIgG4-related sclerosing diseaseImmunoregulatory lipoproteinsInclusion body myositisInsulin-dependent diabetes (type1)Interstitial cystitisJuvenile arthritisJuvenile diabetesKawasaki syndromeLambert-Eaton syndromeLeukocytoclastic vasculitisLichen planusLichen sclerosusLigneous conjunctivitisLinear IgA disease (LAD)Lupus (SLE)Lyme disease, chronicMeniere's diseaseMicroscopic polyangiitisMixed connective tissue disease (MCTD)Mooren's ulcerMucha-Habermann diseaseMultiple sclerosisMyasthenia gravisMyositisNarcolepsyNeuromyelitis optica (Devic's)NeutropeniaOcular cicatricial pemphigoidOptic neuritisPalindromic rheumatismPANDAS (Pediatric Autoimmune Neuropsychiatric Disorders Associated with Streptococcus)Paraneoplastic cerebellar degenerationParoxysmal nocturnal hemoglobinuria (PNH)Parry Romberg syndromeParsonnage-Turner syndromePars planitis (peripheral uveitis)PemphigusPeripheral neuropathyPerivenous encephalomyelitisPernicious anemiaPOEMS syndromePolyarteritis nodosaType I, II, & III autoimmune polyglandular syndromesPolymyalgia rheumaticaPolymyositisPostmyocardial infarction syndromePostpericardiotomy syndromeProgesterone dermatitisPrimary biliary cirrhosisPrimary sclerosing cholangitisPsoriasisPsoriatic arthritisIdiopathic pulmonary fibrosisPyoderma gangrenosumPure red cell aplasiaRaynauds phenomenonReflex sympathetic dystrophyReiter's syndromeRelapsing polychondritisRestless legs syndromeRetroperitoneal fibrosisRheumatic feverRheumatoid arthritisSarcoidosisSchmidt syndromeScleritisSclerodermaSjogren's syndromeSperm & testicular autoimmunityStiff person syndromeSubacute bacterial endocarditis (SBE)Susac's syndromeSympathetic ophthalmiaTakayasu's arteritisTemporal arteritis/Giant cell arteritisThrombocytopenic purpura (TTP)Tolosa-Hunt syndromeTransverse myelitisUlcerative colitisUndifferentiated connective tissue disease (UCTD)UveitisVasculitisVesiculobullous dermatosisVitiligoWegener's granulomatosis**NOTE Fibromyalgia and Chronic Fatigue are listed, not because they are autoimmune, but because many persons who suffer from them have associated autoimmune disease(s)

I decided to start a new thread so more will see. http://www4.va.gov/v...es2/1016269.txt

To find out if you are a VICTIM OF VA DISHONESTY see full story below to learn not only how to get all your money the VA may owe you, but how you can participate in a Group Complaint in this INTERACTIVE STORYto put an end to VA Dishonesty against Veterans, and their living and surviving family members. http://www.veteranstoday.com/2011/03/01/va-caught-red-handed-scaming-veterans-spouses-parents/

I really don't understand your question. 3.317 have to deal with veterans of the "Persian Gulf" Both WAR and ERA veterans and how they can be compensated. If you would scroll up, you would see that 3.307, 3.309, and 3.313 deals with veterans of the "Vietnam" Both WAR and ERA veterans and how they can be compensated. There have been many veterans that have been misdiagnosed. The key would be to keep being treated and seek medical help. Doctors don't know everything, and some diseases, disabilities and medical problems need time to fully develop to get a clear and correct diagnosis. So again, I don't understand your question. Congress has deemed/allowed certain condition(s) to warrant service connection if the veteran has a diagnosis. VA will still make the veteran prove that the condition(s) was military related or aggravate before VA grants the veterans service connection.

Unfortunately the DRO may not review new medical evidence, even if you tell them that there are new records in your file. Just be prepared to fight back.

Have you considered telling the vet to request a copy of his C-File? The Document may very well be in the claim folders, VA is notorious for not reviewing the entire C-File and this may solve the issue. Also have the veteran request his VAMC records both computerized and hand written notes, and of course as bronco suggest if he has a POA, have him check those records as well.

http://www.va.gov/og...entopinions.asp

What I don't understand is VA denies veterans claims and forces them to file an appeal. Then the DRO refuses to look at the evidence and rubber stamp a denial and the claim has to go all the way to BVA just to be remanded back to the RO and then back to BVA.

http://www.veteranst...still-fighting/ February 24, 2011 posted by Veterans Today · 2 Comments Desert Storm Vets Still Fighting Twenty Years Later By James A. Bunker for Veterans Today Executive Director NGWRC Twenty years ago this country's best men and women were engaged in combat with the forces of Saddam Hussein after his August 2nd, 1990 invasion of Kuwait. In February 1991, my men and I knew we had what it would take to liberate the people of Kuwait. We had years of training and good leaders in our chain of command, as did many of the other units in the U.S. Army. We were confident in our combat capabilities, yet we had great concern about the prospect of having to face the chemical weaponry that we knew Iraq possessed. For weeks before the ground phase of Operation Desert Storm began, the prevailing winds had been blowing out of Iraq. We prayed that on G-day the winds would turn in our favor and blow back in the direction of Saddam's forces. This we hoped would minimize the chances that the Iraqi Army would use their massive chemical stockpiles against us. Due to our superior training, our well-seasoned and courageous leaders, and our overwhelming firepower, the ground phase of Desert Storm lasted less than four days. As the guns fell quiet and Saddam's remaining forces high-tailed it back to Baghdad, many of our soldiers started to show signs of illness. No one knew what was causing this unusual medical phenomenon. Our higher Headquarters suggested that the illnesses might be the result of the desert heat; but my Battalion Commander knew this was not the case because the temperature was in fact quite mild; less than 90 degrees. For someone like myself; born and raised in Kansas, 90 degrees is a bit on the chilly side. Beyond the suggestions that our troops were ill because of the heat, no one gave much thought to the possibility that the Iraqi chemical ammunition stockpiles that were being destroyed by U.S. forces not far away might be the source of our ills. Our brave warriors came home from the Persian Gulf War to an unprecedented hero's welcome; but it wasn't long before news reports began to document a mysterious illness plaguing many of these American heroes. Men and women who had previously enjoyed robust health and exceptional physical fitness were suddenly victims of unexplained skin rashes, joint pain, debilitating fatigue, and a host of other very odd health-related problems that even the most highly trained medical professionals were unable to diagnose. As more and more ailing Persian Gulf War Veterans began to come forward and share their stories it became clear that one of the most common factors that nearly everyone could relate to were the significant number of "false" chemical alarms that had activated in theater. Persian Gulf War Veterans from virtually all branches of the military have described how these highly sophisticated devices kept going into alarm mode, to the point that finally USCENTCOM passed the word that our troops were to unmask and disregard the alarms. According to higher headquarters, the NBC alarms were malfunctioning and the alarms were "false". In 1993 many of us worked with members of Congress to get the first bill passed to provide compensation to Veterans suffering from Gulf War Illnesses (GWI). Public Law 103-446, enacted in 1994, authorized the Department of Veterans Affairs (VA) to pay disability compensation to disabled Persian Gulf War Veterans suffering from undiagnosed illnesses. Despite the new law few Veterans saw any relief because of the prevailing attitudes of those in the Veterans Benefits Administration (VBA). VBA did not and still does not like to grant service connection for GWI. Despite clear direction by Congress and the President, skepticism continues to abound within the VBA. Many of the Veterans Affairs Regional Offices (RO) actually go out of their way to deny GWI claims. In 1997, we again worked with Congress to amend the law in the hopes it would help our ailing Persian Gulf War Veterans. The changes helped some, but not many. The most recent change came in 2002 when we were successful in adding Chronic Fatigue Syndrome (CFS), Fibromyalgia (FM), and Irritable Bowel Syndrome (IBS) to the list of "undiagnosed illnesses" that were to be considered "presumptive" to service in the Persian Gulf War. Yet to this day thousands of Veterans continue to have their claims denied despite clear and convincing medical opinion that they are indeed suffering. Today I see many claims denied for reasons such as; "your claim cannot be granted under the undiagnosed illness provision as you have a diagnosis." For example; if a Veteran is told by their doctor that he or she has Chronic Fatigue Syndrome, even though that illness is now clearly defined in the law as an "undiagnosed illness" many VBA Claims Adjudicators ignore the law and deny the Veteran's claim. In many cases Veterans have had to fight this kind of injustice all the way to the Court of Veterans Appeals (COVA), which typically takes years. COVA cases that have already clarified and corrected these mishandled claims should have served to prevent these same mistakes from repeating with other Veteran's claims but sadly it continues to occur on a regular basis. A common error among many VBA Claims Adjudicators is when a Veteran files a claim based upon the "presumptive" provision in the law (e.g. GWI), yet the Claims Adjudicator processes the claim as if the Veteran is requesting direct service-connection for the illness. There is a clear difference between an illness or injury that is directly related to military service versus an illness that is supposed to be treated as "presumptive" under the law. I have assisted quite a few Veterans in reopening their claims because of this common error made by VBA. Some of these cases go back as far as 1998, while others are more recent. Currently the "presumptive" period for GWI is set to expire on December 31, 2011. In order to be considered "presumptive" for GWI the Veteran must show signs and symptoms of one or more of the conditions listed in the law for a continuous period of six months or more, and be severe enough to warrant a disability rating of ten percent (10%) or greater. A Persian Gulf War Veteran came to me not long ago asking for help with his claim for CFS which had recently been denied by VBA. The Veteran had not been able to work for the past three years because of his CFS yet had already been approved for Social Security Disability compensation. Nevertheless, the VBA Claims Adjudicator denied the Veteran's claim. The reason for denial? The Claims Adjudicator stated that the CFS had to have started while the Veteran was still in the service. The Claims Adjudicator clearly failed to follow the law on this Veterans claim. It's simple; if a Persian Gulf War Veteran has FM, CFS, and/or IBS and it meets the 10% rating level, the law states it is presumed to be related to the Veteran's service in the Persian Gulf War and that the Veteran is to be awarded service connected for the illness. GWI claims are not hard to do if the VBA would get the Claims Adjudicators to follow the law correctly and to get past their own personal feelings and bias concerning GWI. I have worked with hundreds of Persian Gulf War Veterans this past year and I have seen many injustices perpetrated on these American patriots. Some of the time the injustices result from a Claims Adjudicator's personal bias, and other times the denial results from a lack of training on the part of VBA. Sadly, when new Claims Adjudicators come aboard VBA, very often they are trained by more tenured Claims Adjudicators who themselves are uniformed as to the most recent provisions of the law concerning presumptive conditions for Persian Gulf War Veterans. Persian Gulf War Veterans are tired of fighting! First and foremost we want our health back. Secondly, we want Claims Adjudicators at the VBA to do their jobs right the first time around. We want VBA to assign specific Claims Adjudicators to handle claims involving GWIs so that all of these Veterans are treated fairly and consistently. Last year Secretary of Veterans Affairs Eric Shinseki made a promise to reopen all of the Gulf War Illness claims that had previously been denied in order to ensure that none of these Veterans are disenfranchised. Then, just one month later the VA's Chief of Staff, John R. Gingrich told a group of Persian Gulf Veterans that the VA cannot reopen claims on their own accord. Mr. Gingrich clarified that it is the Veteran's responsibility to request that their claim be reopened, not the VA. I would like to ask the Secretary why it is that the VA is currently reopening Agent Orange claims on their own initiative, yet they say that they can't do the same for Gulf War Illness claims? Mr. Secretary; your promise to Persian Gulf War Veterans is now beginning to look like just another in a series of broken promises that VA has made to Persian Gulf War Veterans over the last several years. And how much longer will we have to fight to get VA physicians on staff who are properly trained to recognize the conditions and symptoms that are by law to be considered related to service in the Persian Gulf War? Instead of VA physicians who dismiss these symptoms as psychosomatic, as happens so often in the Tampa, Florida and Fayetteville, North Carolina VA Medical Centers, let's get physicians in there who understand what Gulf War Illnesses are, and what Congress has directed them to do for Veterans suffering from these debilitating conditions. James A. Bunker Executive Director National Gulf War Resource Center 2611 SW 17th Street Topeka, KS 66604 Toll free 866-531-7183 begin_of_the_skype_highlighting 866-531-7183 end_of_the_skype_highlighting WWW.NGWRC.ORG