Gulfvet45

The exam that you had is called " available clinical evidence (ACE) examination. This type of exam does not have the veteran come in for the exam but uses the records. The examiner is to address all of the evidence of the records this includes your research submitted and the other medicals opinion. As this is a claim on secondary, it is to address the issue of the law of the condition is either caused by or aggravated by your CAD and or tinnitus. A statement of the SA did not start in the service and is not related to the service is an inadequate medical opinion for a secondary service connection. There are case laws governing the favorable evidence in in your claims file and how this evidence must be addressed in the rating decision.

No, you are not able to get the benefits paid back to 2003 due to the change in the law in August 2021. You will get the effective date of the claim what is open or reopened after the law came into effect.

The VA will start to work the 9 rare cancer claims on a presumptive bases under 38 CFR 3.320. Veterans who serviced in the Gulf war area as defined in 38 CFR 3.317 as well as in other locations since 2001 are covered. Veterans, survivors, or dependents who had filed claims based on those cancers but were denied can now file a new claim for benefits. The the attached rule change. perpose change to exposure.pdf

I did an appeal on this time and again. The problem is that the VA examiner does not account for the medication you are taking for the treatment of your PTSD that is known to cause the weight gain might be something your other opinion accounted for. The RO also needs to account for the the general council opinion on obesity Bing the linchpin between the service connected condition and the secondary condition of sleep apnea. read this link and appeal to the Board as most of these claims are won at the board and or the courts and not the RO level. https://ngwrc.org/updates.htm

You need to file a NOD and the first thing on it should be that a part time job is not gainful employment and the regulation is that IU is based on if a veteran can have that not a part time job that the examiner said. also that it is not if you are unemployable, it being gainfully employed as to what the regulation is. the rater failed to folloed the regs.

You can get the new section 3.317 online to use the date will be right it will have the FGID in it this lets veterans claim not only a diagnosed IBS but some other GI problems too. They cannot claim GERD inless there is a nexus to serice. You do need to state out that you symptoms are caused by your service in the gulf are like what was said. you should find some of the research to also help you in your claim. There is some out their. The term for chronic multisymptom illnesses was expanded to include more this past year too.

I do not understand why the rater did not grant the IU when you are down as having a listed as having a serious employment handicap. as per the CFR that would make you unable to find gainful employment. Do have your VSO work on the IU claim and do remenbe it is not that you cannot work. It is that you cannot find gainful employment. everyone can work, it is just how much do they make. (Authority: 38 U.S.C. 3117) (g) Serious employment handicap. This term means a significant impairment of a veteran's ability to prepare for, obtain, or retain employment consistent with such veteran's abilities, aptitudes, and interests.

I think you have some things about the appeals mixed up. you filed for a DRO ant to the BVA as you stated, so you claim never left the RO. A DRO is done at your RO office by a SR rater. NOT at the BVA. The review officer will look over your file to see if any mistakes was make and make a ruling on it them send you a statement of the case (SOC) If you are not happy you can file with the BVA.

Your rating is 50% at that you will not get the IU for you need one rating at 60% or a combo of ratings totaling 70%. You will need to ask for an increase in the PTSD and ask for the IU at the same time. IU is the last part of any claim that is decided and there is a lot of work to be done by the RO before it rules on the IU part. Get the paperwork filled out on your employers going back 5 years of your last date of working. I had one veteran not tell me he was laid off from a company 4 ½ years before his PTSD got the better of him. Now it is well over a year waiting for the IU. If I knew in the first place it would have been done now. If you have the “bad boy reports" good you will need to send them in with the form on your employment. Talk to the past employers to let them know the VA will be calling them about you and your PTSD and the reports. Also see if he will write you a letter, this will help speed things up. You will need to send in the letters your doctor did for you, this will help in the PTSD increase. Yes you will be given a new C&P for your PTSD. You cannot “man up’ in the C&P. this is what causes many veterans to get a lower rating. If you feel like you’re about to cry, then cry if you feel anger then show it. Do not hide your feeling.

If you paid for the membership, that is on you. no one has to have a membership for any of the VSO to be their service rep. that is the law. Next you are wrong in saying that the "VA pays the VSO's" the VA does not pay any of the VSO's most of the legion and VFW VSO's are employed by the state they work in. The DAV, PVA and AM-VET are not. The DAV is not as good as it once was. they no longer have their school in CO. so their NSO's are not as good as the old ones. like John Richards. Learn the facts before putting the wrong info out.

Make sure to fight the MEB and get 30% or higher (my back alone was 20% and you are listing many of the things I have and some I do not.). SA should be 50% some of those listed will be under the some illness or code and combined. The migraine will depend on how bad they are, if you need bed rest, if you lose time from work due to them Do you have any arthritis? if so make sure to get it added ASAP. Get a full copy of your STR. I see Tinnitus, what about hearing loss?? I see the rhinitis, but do you get a lot of sinus infection (sinusitis) if so file for sinusitis. What about Peripheral neuropathy?? With the back problems you most likely do have it. Please check out the like below. peripheral neuropathy

you do need to send in a 4138 stating that your chronic diarrhea is much worst than the examiner reported. They may come back and lower it due to the way it should be rated as per the CFR. All of the get one rating. 4.113 Coexisting abdominal conditions. There are diseases of the digestive system, particularly within the abdomen, which, while differing in the site of pathology, produce a common disability picture characterized in the main by varying degrees of abdominal distress or pain, anemia and disturbances in nutrition. Consequently, certain coexisting diseases in this area, as indicated in the instruction under the title "Diseases of the Digestive System," do not lend themselves to distinct and separate disability evaluations without violating the fundamental principle relating to pyramiding as outlined in 4.14. 4.114 Schedule of ratings -- digestive system. Ratings under diagnostic codes 7301 to 7329, inclusive, 7331, 7342, and 7345 to 7348 inclusive will not be combined with each other. A single evaluation will be assigned under the diagnostic code which reflects the predominant disability picture, with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation.

Some claims after a rating is given will go before a QRT. Quality Review Teams, which are composed of dedicated local quality review specialists who will evaluate station and individual employee performance and conduct in-process reviews to eliminate errors at the earliest possible stage.