[Gulf War Registry Exam]

thanks for all of your input. I was not sure if the exam would accomplish anything in support of my disability claim but atleast I will now be in the registry.

The only problem is when I called the clininc for my results I was informed they have exams from 07/09 that have yet to be put into the registry database. So how reliable are the numbers of sick gulf war vets if the data has not even been entered? I too have gotten the strong feeling they want me to go away but I keep on pushing. When I was of work due to my disability for 6months it was no picnic. Then, I have to fight for ada accomodations at work and now deal with the VA.

Its ironinc that when you are forward deployed and collect hazard pay/imminent danger they are on your side but once your discharged and have some medical problems its an uphill strugggle.

I realize there could be some fraudulent claims out there but after a C& P exam or after they collect the medical records and verify the medical conditions and severity the claim should be rated.....

[Gulf War Syndrome]

hey i was on the uss horne too..i was a radioman.

[Gulf War Registry Exam]

thanks for the input, I filed a claim for service connection due to undiagnosed muscle/joint pain, headaches, photo sensitivity and (cervical dystonia - which was denied). However since I reopened with new medcial my VRO recommended strongly that I get the gulf war exam. I am not sure why unless its just for more documentation in my claims file.

[Gulf War Registry Exam]

I had a gulf war registry exam completed on 10/29/09 and was wondering if anybody knows what information the VA is looking for? I filed a claim for gulf war syndrome which was denied but I have since re-opened the claim with new medical evidence and had the gulf war exam done. I got a copy of the report and summary of findings which is in my opinion already in my medical records. Does anybody know how the exam will be used for my disability?

[Rating Dystonia]

I asked my neurologist at the hospital (non-va) and he wrote me a detailed letter basically indicating he was not able to determine if the cause of my cervical dystonia was related to the gulf war and exposure to toxins. I also asked my neurologist at the VA and he said he could not be sure the disease was related to the gulf war and toxin exposure but did state he would document my medical records incase this turns out to be another agent orange in the future.

Its really frustrating because I have no family history and did serve 3tours in the gulf with direct exposure to the toxins. I also have the shoulder pain/burning sensations which does extend into my arms from time to time and have increased headaches as well as sensitivity to light. I actually went to pain management and they wanted to proceed with a rhizotomy but I declined the operation.

Perhaps being out of work on disability got me mad enough to reopen the claim and continue to fight again. I am sure there has to be more vets with dystonia out there and maybe this time I will take the fight to the US District Courts just to have my case documented for any other vets whom experience this illness.

The VA makes me feel asahamed for my condiion and as if I am looking for a handout.

We shall see what hapens now since I have supplied new medical evidence and am at the RO. I have been given the strong feeling the claim will be denied again and have since requested assistance from the DAV. Thats who alerted me to keep a headache calendar/journal....

[Rating Dystonia]

It appears that they questioned the inservice nexus- did you have an IMO?

Does this disability or symptoms of it appear in your SMRs?

I do not have the disability in my SMR'S it appeared after discharge and I did have a C&P Exam with an orthopedic whom felt the burning sensation was related to cervical dystonia but I had positive straight leg raising which ws related to a service injury so that how i got the 10%. I had a second C&P exam with neurology and apparently since I was using medication for the headaches they felt it was controlled and at the time I did not keep a calendar. I since went back to VAMC neurology for cervical dystonia and informed them the meds are not helping any more. They actually wrote that in me medical records which I sent into teh R/O as new evidence in conjuction with my headache log...I realize they maybe looking for a nexxus but I am more amd more confident my exposure to the toxins, vaccinations from teh gulf war is the nexxus.

I just wish they would recognized teh diagnosise may not appear within a set timeframe after discharge.

[Rating Dystonia]

I was diagnosed with cervical dystonia, headaches, low back pain, muscle joint pain and the board denied my claim for dystonia as it was diagnosed after separation. The headaches were considered to be non -compensable, i guess because I never kept a log. I was actually disabled from my job due to cervical dystonia and developed atrophy of the left scm muscle. My headaches had continued (not related to cervical dystonia). I have requested to re-open my claim file under Presumptive Disability from the gulf war.

I am just venting but it sure does appear I am not alone with a diagnosis of dystonia and it has continued to progress. I just went for a Persian Gulf War registry exam and my PCP at the VAMC thinks I am depressed because I have no energy, problems sleepping and am fatigued. I exaplained the them I was in a forward deployed unit and served 3tours of duty in the gulf but it seems to be falling on deaf ears....

[Rating Dystonia]

Thanks for looking Berta. I found out that muscle pain fasciculation is also called cramp-fasciculation and usually lumped along with neuromyatonia under the generic term "Benign Fasciculation Syndrome" There are quite a few BVA cases under that term. The benign meaning not a progressive motor neuron disease ie; ALS. Most forms of BFS only cause fascic's or twitches that are nothing more than an annoyance. Muscle,Cramp and Neuromyatonia (Issacs Disease) are Peripheral Nerve Disorders which can become disabling.

The neuro who initially diagnosed me stated (to me) that my nerve pain is from a Peripheral Nerve Hyperexcitability Disorder, possibly muscle-pain fasciculation syndrome. Thats what I meant by not being a hard and fast diagnosis. Its "A" PNH Disorder just not sure what name to give it, from what i understand the symtoms determine that. His Nerve Conduction Study was way beyond anything I have had previously or since. He spent a full hour shocking the hell out of my ulnar nerve. He said he went looking for specific potentials at a certain frequency and found them and didnt need to look at any other nerves (i was scheduled for both arms and both legs) since if it is in one peripheral nerve it is in all.

Went to different Neuro for different reason and he says hes fairly sure I have cervical dystonia and that he thinks thats the cause of my neuropathy. Basically I have two different neuro's who both think that the cause is something different.

Personally I'm going with the "Published" neurologist who deals in rare neurological conditions at a major regional ALS clinic. He says he has signature of a PNHD and thats good enough for me. The pamphlet you posted is the same one he gave me in his office, it references the frequencies of the droplet potentials. The problem i have however is that what he sent back to the referring doctor was just a short paragraph stating that i didnt have motor neuron disease and that I "may" have muscle pain fasciculation. No test results. He omitted the fact that he definately found a PNHD and just mentioned which one he thought it may be. I have requested my entire record from his hospital. I will present those test results to Neuro #2 and see if he's still convinced its from Dystonia. In the mean time treatment for the dystonia not going well, sheduled for botox in the neck and TRICARE not exactly being helpful approving it. I guess they think I'm having my crows feet touched up.

[Disability & Compensation Question]

I filed a claim for service connected disability back in 1998 for multiple symptoms incuding cervical dystonia, headaches, muscle/joint pain and low back pain. I was denied at the RO and appealed to the Board. They denied my claim for cervical dystoina indicaitng the disability ocurred after separation and ruled the headache severity was not substantial enough to warrant a service connection. However, they approved my claim for low back pain and I got a 10% disability. I realize there is a presumptive disability time period for gulf war vets and requested to re-open my claim for cervical dystonia, headaches, muscle/joint pain and fatigue. I did provide new evidence and went for a gulf war registry examination. I am just wondring are there any other vets with dystonia it appears there is a strong correlation with dystoina and exposure to toxins such as petroleum and oil

I have been of work for 7months due to the constant neck pain and neck spasms. I had to got the VAMC and got some releief from Botox injections but its wearing off and I am now being referred to PMR.

[Disability & Compensation Question]

Thanks John....I can see where an impact could be made from one to the other.

Husband will never be able to do the occupation he did - you need strength in the

shoulders to do it. You need a clear mind. Cognitive thinking process. Energy.

Yes, the disability claimed with SSA was to last more than one year and will actually

last the remainder of his lifetime. He is already receiving Medicare as the 2 year mark

has come and gone.

In the denial from AMC they mentioned the SSA records were reviewed and considered.

Since they are two separate entities and two separate injuries/illnesses, the SSA in this case

would have no bearing.

I think the AMC didn't receive the updated medrecs otherwise they would have granted his

claim. I'm not a Rater, I don't work for the VA and I don't read minds. I do know everything

about this claim as it stands and it's rock solid. They are just being butts about it and

probably hoping we don't push it further. I will definetly take it to the ends of the earth,

I might have to with the VA...but I'm ready to rock and roll.

Any thoughts are much appreciated.

VetsLady

[Gulf War Illness]

I have previously applied for a service connected disability for cervical dystonia and was denied. The Board denied my claim sincee the diagnosis was not until 5years after separation. Recently, the cervical dystonia came back with a vegenance and I was placed on short term disability. I have since re-opened my claim for presumptive disability benefit due to the neurological movement disorder. I have also requested a reopen of my claim for muscle/joint pain and headeaches resulting from the gulf war!

Is there anybody else out ther who is suffering from dystonia whom served in the gulf war? I think the VA is going to deny my claim again but its frustrating because its a neurological condition and there is strong evidence it is a result of exposure to toxins. I was onboard a forward deployed ship and breathed in all that nasty air from the burning oil wells.

[Gulf War Illness]

From the U.S. Code Online via GPO Access

[wais.access.gpo.gov]

[Laws in effect as of January 7, 2003]

[Document not affected by Public Laws enacted between

January 7, 2003 and February 12, 2003]

[CITE: 38USC1118]

TITLE 38--VETERANS' BENEFITS

PART II--GENERAL BENEFITS

CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER II--WARTIME DISABILITY COMPENSATION

Sec. 1118. Presumptions of service connection for illnesses

associated with service in the Persian Gulf during the Persian

Gulf War

(a)(1) For purposes of section 1110 of this title, and subject to

section 1113 of this title, each illness, if any, described in paragraph

(2) shall be considered to have been incurred in or aggravated by

service referred to in that paragraph, notwithstanding that there is no

record of evidence of such illness during the period of such service.

(2) An illness referred to in paragraph (1) is any diagnosed or

undiagnosed illness that--

(A) the Secretary determines in regulations prescribed under

this section to warrant a presumption of service connection by

reason of having a positive association with exposure to a

biological, chemical, or other toxic agent, environmental or wartime

hazard, or preventive medicine or vaccine known or presumed to be

associated with service in the Armed Forces in the Southwest Asia

theater of operations during the Persian Gulf War; and

(B) becomes manifest within the period, if any, prescribed in

such regulations in a veteran who served on active duty in that

theater of operations during that war and by reason of such service

was exposed to such agent, hazard, or medicine or vaccine.

(3) For purposes of this subsection, a veteran who served on active

duty in the Southwest Asia theater of operations during the Persian Gulf

War and has an illness described in paragraph (2) shall be presumed to

have been exposed by reason of such service to the agent, hazard, or

medicine or vaccine associated with the illness in the regulations

prescribed under this section unless there is conclusive evidence to

establish that the veteran was not exposed to the agent, hazard, or

medicine or vaccine by reason of such service.

(4) For purposes of this section, signs or symptoms that may be a

manifestation of an undiagnosed illness include the signs and symptoms

listed in section 1117(g) of this title.

(b)(1)(A) Whenever the Secretary makes a determination described in

subparagraph (B), the Secretary shall prescribe regulations providing

that a presumption of service connection is warranted for the illness

covered by that determination for purposes of this section.

(B) A determination referred to in subparagraph (A) is a

determination based on sound medical and scientific evidence that a

positive association exists between--

(i) the exposure of humans or animals to a biological, chemical,

or other toxic agent, environmental or wartime hazard, or preventive

medicine or vaccine known or presumed to be associated with service

in the Southwest Asia theater of operations during the Persian Gulf

War; and

(ii) the occurrence of a diagnosed or undiagnosed illness in

humans or animals.

(2)(A) In making determinations for purposes of paragraph (1), the

Secretary shall take into account--

(i) the reports submitted to the Secretary by the National

Academy of Sciences under section 1603 of the Persian Gulf War

Veterans Act of 1998; and

(ii) all other sound medical and scientific information and

analyses available to the Secretary.

(B) In evaluating any report, information, or analysis for purposes

of making such determinations, the Secretary shall take into

consideration whether the results are statistically significant, are

capable of replication, and withstand peer review.

(3) An association between the occurrence of an illness in humans or

animals and exposure to an agent, hazard, or medicine or vaccine shall

be considered to be positive for purposes of this subsection if the

credible evidence for the association is equal to or outweighs the

credible evidence against the association.

©(1) Not later than 60 days after the date on which the Secretary

receives a report from the National Academy of Sciences under section

1603 of the Persian Gulf War Veterans Act of 1998, the Secretary shall

determine whether or not a presumption of service connection is

warranted for each illness, if any, covered by the report.

(2) If the Secretary determines under this subsection that a

presumption of service connection is warranted, the Secretary shall, not

later than 60 days after making the determination, issue proposed

regulations setting forth the Secretary's determination.

(3)(A) If the Secretary determines under this subsection that a

presumption of service connection is not warranted, the Secretary shall,

not later than 60 days after making the determination, publish in the

Federal Register a notice of the determination. The notice shall include

an explanation of the scientific basis for the determination.

(B) If an illness already presumed to be service connected under

this section is subject to a determination under subparagraph (A), the

Secretary shall, not later than 60 days after publication of the notice

under that subparagraph, issue proposed regulations removing the

presumption of service connection for the illness.

(4) Not later than 90 days after the date on which the Secretary

issues any proposed regulations under this subsection, the Secretary

shall issue final regulations. Such regulations shall be effective on

the date of issuance.

(d) Whenever the presumption of service connection for an illness

under this section is removed under subsection ©--

(1) a veteran who was awarded compensation for the illness on

the basis of the presumption before the effective date of the

removal of the presumption shall continue to be entitled to receive

compensation on that basis; and

(2) a survivor of a veteran who was awarded dependency and

indemnity compensation for the death of a veteran resulting from the

illness on the basis of the presumption before that date shall

continue to be entitled to receive dependency and indemnity

compensation on that basis.

(e) Subsections (b) through (d) shall cease to be effective on

September 30, 2011.

(Added Pub. L. 105-277, div. C, title XVI, Sec. 1602(a)(1), Oct. 21,

1998, 112 Stat. 2681-742; amended Pub. L. 107-103, title II,

Sec. 202(b)(2), (d)(1), Dec. 27, 2001, 115 Stat. 989.)

References in Text

Section 1603 of the Persian Gulf War Veterans Act of 1998, referred

to in subsecs. (b)(2)(A)(i) and ©(1), is section 1603 of Pub. L. 105-

277, which is set out in a note under section 1117 of this title.

Amendments

2001--Subsec. (a)(4). Pub. L. 107-103, Sec. 202(b)(2), added par.

(4).

Subsec. (e). Pub. L. 107-103, Sec. 202(d)(1), substituted ``on

September 30, 2011'' for ``10 years after the first day of the fiscal

year in which the National Academy of Sciences submits to the Secretary

the first report under section 1603 of the Persian Gulf War Veterans Act

of 1998''.

Effective Date of 2001 Amendment

Amendment by section 202(b)(2) of Pub. L. 107-103 effective Mar. 1,

2002, see section 202© of Pub. L. 107-103, set out as a note under

section 1117 of this title.

Section Referred to in Other Sections

This section is referred to in sections 1113, 1117 of this title.