Frank0469

I think you both may be refering to the CCEP (Comprehensive Clinical Evaluation Program), those files have been moved around and are now handled by the MPR division of the National Archieves (National Archieves-MPR) You have to specificly request ANY AND ALL medical records to include CCEP notes, diagnostic, reports, and results. But I requested this and recevied what they suppostedly had and parts of my file were missing or redone. Make sure to request a copy of your personal file with all records and no abstrracts. and read the memo on their website about that. Hope that helps. Frank Clark

Pete, Nothing against you but I totally disagree with your statement about having to prove that since had the condition of Fibromyalgia and IBS already diagnosised that this leads to having to find an connection to it on while on active duty. Are you totally nuts? Are you familar at all with 38 CFR 3.317? § 3.317 Compensation for certain disabilitiesdue to undiagnosed illnesses. (a)(1) Except as provided in paragraph © of this section, VA will pay compensation in accordance with chapter 11 of title 38, United States Code, to a Persian Gulf veteran who exhibits objective indications of a qualifying chronic disability, provided that such disability: (i) Became manifest either during active military, naval, or air service in the Southwest Asia theater of operations during the Persian Gulf War, or to a degree of 10 percent or more not later than December 31, 2011; and (ii) By history, physical examination, and laboratory tests cannot be attributed to any known clinical diagnosis. (2)(i) For purposes of this section, a qualifying chronic disability means a chronic disability resulting from any of the following (or any combination ofthe following): (A) An undiagnosed illness; (:D The following medically unexplained chronic multisymptom illnesses that are defined by a cluster of signs or symptoms: (1) Chronic fatigue syndrome; (2) Fibromyalgia; (3) Irritable bowel syndrome; or (4) Any other illness that the Secretary determines meets the criteria in paragraph (a)(2)(ii) of this section for a medically unexplained chronic multisymptomillness; or © Any diagnosed illness that the Secretary determines in regulations prescribed under 38 U.S.C. 1117(d) warrants a presumption of service-connection. .... undiagnosed illness or medically unexplainedchronic multisymptom illnessinclude, but are not limited to: (1) Fatigue (2) Signs or symptoms involving skin (3) Headache (4) Muscle pain (5) Joint pain (6) Neurologic signs or symptoms (7) Neuropsychological signs or symptoms (8) Signs or symptoms involving the respiratory system (upper or lower) (9) Sleep disturbances (10) Gastrointestinal signs or symptoms (11) Cardiovascular signs or symptoms (12) Abnormal weight loss (13) Menstrual disorders. ... </B></FONT></FONT> So first since he has the dx of fibromyalgia and IBS these are presumptive conditions if they prsent themselves from time of service to the end of the presumptive period ending currently at the end of next year. Secondly he has headaches and other problems listed in 13 conditions list. If one get a dx in these it can mean a death sentence to gettting them as presumptive or undiagnosied because they are then diagnosised. It is better to have them refered to as a syndrome of symptoms that include.. vs a diagnosises of migranes or headaches. I have seen many vets screwed over by these facts. Also it is important to look at and understand what fibromyaglia actually is from the diagnostic document from the Rheumatology association. Because many other things usually do come along with those but joint pain and other muscle pain is seperate. The only one that will fight as hard for you is you and need to understand everything about the process that you can. IT IS a matter of life and death. Frank Clark

For Gulfwar Illness Claims you don't want a diagnosis. If you have a Doc apply a diagnosis and diagnotic code the VA will jump on that and try to deny the claim on the fact you have a dagnosed condintion and need to prove that it was caused by service. If you have not done so already review a copy of 38 CFR 3.317 and memorize it if you can or keep a copy handy. And yes the rules do apply for rhose serving in Iraq currently. There was and hasn't been an end date specified. The letter you have from your doctor should be sufficient plus a copy of your medical records. Als far as your records being sent to another veteran with all of your information: I would file an OIG complaint on that one with along of predjudice. THAT violates SO many VA and federal rules that I cant count them. Also any notices that you can show were not sent to you means legally they were not sent or recieved by you. Frank Clark

Are you being treated for this at a VA facility? If so make sure to get a copy of your records and make sure they are documenting everything. Also have you hand any EMG or cat/MRI scans? Are you having any other symptoms? 38 CFR 3.317 list the ones that they have for us Gulfwar vets. I would request a gulf war registry exam and get into that part of it too. Also with what you are describing you should have a good chance at a WRIISC referal. Also you need to file another claim for increase because of changes in your condition. Find a Service Offiecer that believes in the GWI and knows the facts vs one that will run it through like any other claim. Frank Clark

Currently Parkinson's itself isn't presumptive for deset storm illness. many, including the IOM (institutes of medicine) feel that ALS, Parkinsons and MS should be presuptive instead of the general assumptions of neurolgic or neuromuscular under the other symptoms for Undiagnosed Illnesses. I would read and study 38 CFR 3.317 to begin with and then can go from there. Let me know if you have any other questions I might be able to answer. Frank Clark

Ok, just my opinion and my prior medical training here along with having many of this conditions myself. First off for your sleep apnea did they do a sleep study? If they didn't they really cant diagnosis this. Also it's important to have them put the presumptive cause. Gettting a diagnosis really messes up getting your claim processed under the UMC clause. Next it does sound like you have all the symptoms for PTSD and either you need to have your primary care doc make a referal for you to mental health or you need to do a self referal and start treatment for that. The Ployathragia and arthritis is seperate from Fibromyalgia. Don't let them give you the BS that they are the same. You need Rheumatology to DX both. I have Fibromaglia which is presumptive and I also have wide spread joint aches and arthritis. Also sleep apnea is a secondary condition for PTSD and a few others. The chronic diarrhea and hemoriods should be loked at as IBS (Irritable Bowel Syndrome) as tis is presumptive but the other two aren't. I would also recommend that you take a VERY close look at 38 C.F.R. § 3.317. It is very important to be familar with these regulations as you are the only one that cares the most about your claim. You should be familar with both the regs and rating tables. The Registry exam is pertainant to your C&P and they should look at it and use it in the evidence if not that is grounds for an appeal. Also if your C&P exam doesn't request a complete Gul war eval then that is grounds also. Also probably want to talk with your primary care provider about a WRIISC referal. Those are just some of my thoughts and ideas. Frank Clark

Regarding my CUE claim for a much earlier effective date for my IU the VA has requested my SSA records. Is this good or are they just trying to find evidence to deny my claim? I cannot believe they will give me a fair shake. When I was rated the VA never considered IU even though they had information I was unable to work. John, hopefully it's a good sign... if they failed to look at or apply a ruling for TDIU then you may have a great case in applying the Roberson duty. if you have not heard of or added this to your CUE claim in may be advisable to look into that and add it. Under the roberson duty the VA is required to sympathicticly develop a veteran's file for benefits. Roberson's case specificly deals with the VA's failure to consider TDIU even though there was evidence in the file. This has been more liberally applied for a number of years but the case of Crisswell v. Nicholsen may change that some. But if you are recieving SSDI the it should be quite obvious that you are not working and unable to work. Then again we know collectively how stupid the VA system can be. Frank

Since you had a falilure and a wavier of this on your entrance exam that blows the presumption of soundness out of the water on that one. You will have to take a hard look at what the med records say about your knees while in service. Also it depends on what kind of knee injuries you had befor going in and how they were aggrivated. You will need a statement from a doc stating that it is more likely that not that the service caused the worsening of the condition. I don't think a statement of atleast likely as not will hold as much water in this case because the presumption of soundnes is not there. Frank

Berta, Yep, that is the link.. also the form can be faxed in and if you wait 72 hours (I think it is) and call them you can verify if they got the signature form or not. Be prepared for long waits on hold. Also make sure to request all inpatient and out patient record. And if you can specify treatment dates to include then that can help too. May take a couple of times to get them to cough up all the records. Took me three times and a congresional inquiry and still haven't got all of them.

Paraphrasing from VBM pp 178 - 3.8.1.1.1 the claims for "Blue Water" veterans is on hold at the RO And BVA levels because the Hass V. Nicholson case is pending Appeal. 3.8.1.1.2 Regardless of the outcome of Hass Apeal, veterans and their survivors satisfying the Vietnam service Requirement if they can prove the veteran set foot on land in Vietnam. Table 3-1 lists Type 2 Diabetes with no time requirement (veterans qualify no mater when this disease first appears. Also another document to look at would be Traing letter 00-07 "Training Letter on Cardiovascular disorders". M21-1MR Part III Subpart iv, 4.F.22.e for complications that can result from diabetes. Also looking at the regulations for special monthly compensations (SMC) is a good idea especially for ED which is a side effect of Diabetes and hypertension (hypertension is also considered 2ndary to Diabetes). SMC(k) is give for ED under the auspices of Loss of reproductive organs. If you have other complications those can be secondary SC also. HTH.... Frank

You NEED an attorney on this one or the VA and the federal courts will eat you alive. You need an attourney that is familar with 1151 claims and federal tort acts as either one or both can apply and provide different compensation. I would contact the NVLSP for their recommendations of an appropriate attorney. After that I would either find a library that has the Veterans Benefits Manual and code book or buy them yourself and/or the DVD. This is an invaluable tool for all vets. You need to know the game... They already know the game and how to royal screw us vets over. Once you get the attorney and the reading material start memorizing VBM Chapter 4, 38 USCS section 1151. The federal tort claim act is something to be familar with also. Arm yourself and don't delay.. it will only hurt you more. Frank

Morgan, thank you for the file... one more nail to add to my claim/CUE with the VA and hopefully not another nail in my coffin. Berta, VBM is my bible these days getting to the point I'm quite familar with it and also the 38 USC, 38 CFR, and the VA Manuals of all sorts. I can quote them better than all the service reps and VA reps that I'm running into. Thsnk you all for the very quick response. Frank

Does anyone have a copy of this file or know where I can get one? I have found the cases where it is refered to and other citations of it including the VBM. I need a copy of this to review for myself. I hope some one can help me out. Thanks Frank