Gulf War Veteran

[Cheri0310]

My husband, a 1991 gulf war veteran filed a compensation claim in January of this year. Bi monthly we receive 'generic' letters stating that his claim is being processed. Along with the application we included all the physician reports that we had from his personal doctor. My question is, will they have him go in for a C&P exam or will his private doctors reports be sufficient to rate from? Do they usually schedule a C&P exam in the beginning of the claims process or near the end? We just have no clue what to expect from this whole process. Thanks in advance for any responses!

[Guest Dataman]

What can you expect. Well it will take time. Hopefully his Service Medical Records are available. It has to be service connected. Ie. He went to Sick Call or Military Dr.

It helps to include copies from your files (U have to ask for them when you get out, they will make you a copy). U can request them now also.

U can expect lots of letters saying they are working on the claim.

Mine took 10 months (1996).

In a couple of months I expect them to give some appts out (C&P). Make sure the appts are kept. Ask for copies.

Hang on for the Slow Ride from the VA.

[Cheri0310]

I thought that Gulf war veterans 'cluster of symptoms/undiagnosed illness' was now considered a presumptive service connection?

He does noto have any sick call records or anything from the military...his symptoms didn't start until after he left the military. Does this mean trouble for us? Why wouldn't they just deny his claim from the beginning then? It's already been 7 months.

What can you expect. Well it will take time. Hopefully his Service Medical Records are available. It has to be service connected. Ie. He went to Sick Call or Military Dr.

It helps to include copies from your files (U have to ask for them when you get out, they will make you a copy). U can request them now also.

U can expect lots of letters saying they are working on the claim.

Mine took 10 months (1996).

In a couple of months I expect them to give some appts out (C&P). Make sure the appts are kept. Ask for copies.

Hang on for the Slow Ride from the VA.

[Bound4heaven]

Greetings,

Welcome aboard to hadit. It a blessing to have you hear. I too am from the Gulf War. I have been dealing with the VA since I got out in 1994. In regards to your question concerning the VA requiring a C&P exam. From my expirence dealing with the VA they will indeed send your husband in for a C&P exam for the issues involved in his claim.

However when the VA does set up the appointement for the C&P exam or exams DO NOT MISS THEM!!!!!! I cannot stress this point enought. The VA will deny your claims regardless of edivence you may have submitted to the Regional Office in his behalf. Their is a link at www.hadit.com which will help your husband prepare for the C&P exam or exams. Make sure that you go with him as another witeness just in case there is issues with the C&P final report. I will list some things I hope they will help you.

1) Give the C&P examiner copies of all medical edivence you may have (Even if you have already sent it to the Regional Office on his behalf). This will also help the examinier realize what he or she is dealing with. Sometimes the examiner at these exams do not read the medical file of the vet.

2) Ask the examiner if he or she is a doctor, RN, PA this is an essential. If you get a PA (physicians assisstant) at your exam and the final exam report is missing information or there is information written down by the examiner that either is false or did not happen you can ask the RO (Regional Office) for a new exam based on that the examiner in question is not a doctor and does not have the medical expirence or education to give an exam. The VAMC C&P clinic's(Vet hospitals) accross the nation use RN, and PA quite frequenty.

If your husband is in chronic pain make sure you start a pain log asap and give this also to the examiner.

In this log you might want to say how many hours he is in pain and the duration and length of the pain. Does it interrupt his sleep ect.

3) When at the exam be direct. If it hurts at a point bending over say it hurts. Tell you husband don't be a superman here. Be truthful.

4) When the exam is over wait about 10 days and go to the medical records release dept at the place where the C&P exam was held at, and get copies of that exam. You will have to sign a FOIA (freedom of information act form) no big deal well have to. Go over this report in fine detail and highlight any information that is wrong or something you said was written down out of context, or if the examiner claims something that your husband said or did that did not happen. If this is the case (I have had over 15 C&P exams and I have had to write the VAMC & RO 10 of those times due to errors on this exam)

Send a copy of the highlighted C&P exams with a letter why this or this did not happen, or that is not what you said and demand another exam "because This exam it is not proficiant for ratings purposes". Send this information to the Regional Offfice and file a complaint with the patient's advocate at the hospital. Don't allow the VAMC, VARO to bully you. Stand your ground!

You must understand the C&P examiners work for the VA. Do not ever make the mistake of feeling comfortable when talking with the examiner he will use anything you say against you.

I am not saying this will hapen every time, but I have been at many of them and it does happen.

Last word of advice. Don't give up!!!!!!!!!!!!!!!!!!.

There are many here at hadit who have a great deal more of expirence then I do. If it wasn't for these members here at hadit I would not have the rating I have today. I hope this has helped you and don't be afraid to post your questions. God bless you.

Bound4Heaven

[Berta]

Did he receive a letter with IMPORTANT REPLY REQUESTED at the top that contained specific underlined or highlighted statements as to what evidence he still needs to send to the RO?

Did he also receive with this letter an election notice-to check box one or two ,sign, copy, and send back to the VARO ASAP?

The regs for " qualifying chronic disabilities" in Persian or Gulf War veterans are found in 38 USC 1117.

1. undiagnosed illness

2.medically unexplained chronic multisymptom illness (fibromygalia, IBS,CFS)

3. a "diagnosed illness' that VA considers as presumptive.

This 2007 claim is a grant to Persian Gulf War vet as SC for chronic fatique:

http://www.va.gov/vetapp07/files1/0701810.txt

It also shows the way these claims are rated as to the medical evidence.

"The term "medically unexplained chronic multisymptom illness"

means a diagnosed illness without conclusive pathophysiology

or etiology, that is characterized by overlapping symptoms

and signs and has features such as fatigue, pain, disability

out of proportion to physical findings, and inconsistent

demonstration of laboratory abnormalities. Chronic

multisymptom illnesses of partially understood etiology and

pathophysiology will not be considered medically unexplained.

"Objective indications of chronic disability" include both

"signs," in the medical sense of objective evidence

perceptible to an examining physician, and other, non-medical

indicators that are capable of independent verification.

Disabilities that have existed for 6 months or more and

disabilities that exhibit intermittent episodes of

improvement and worsening over a 6-month period will be

considered chronic. The 6-month period of chronicity will be

measured from the earliest date on which the pertinent

evidence establishes that the signs or symptoms of the

disability first became manifest."

[Tbird]

Welcome Aboard Great to see some of the Gulf War folks making it here - please spread the word about hadit.com if you find useful!

Here are some things I think will be helpful to you

Compensation and Pension Exam Worksheets

These are the worksheet exams the docs are suppose to use when you go to a compensation and pension exam.

Do's and Don'ts for your compensation and pension article

I think you will find this article very helpful

Schedule for Rating Disabilities

This the law what disability and degree of disability gets which percentage

Calculate your Service Connected %

This is on line calculator that uses VA math to arrive at a total disability percentage. Because in VA math 50 + 50 ain't 100

VA Historical Compensation Rates

Use this to help figure out your retro pay if any.

Establishing Service Connection

Another good article

That should get you started.

[Cheri0310]

Thank you for the welcome and for the important information! This is all so much to digest, I'm going to print this off and read it until it all sinks in. He is not having any chronic 'pain' but he has multiple chronic 'illnesses'. Vertigo, tunnel vision, ringing in ears, skin problems, anxiety. All of these are documented by several physicians and specialists throught about 15 years. They have in the recent years become worse and worse which is what caused him to file this claim.

Greetings,

Welcome aboard to hadit. It a blessing to have you hear. I too am from the Gulf War. I have been dealing with the VA since I got out in 1994. In regards to your question concerning the VA requiring a C&P exam. From my expirence dealing with the VA they will indeed send your husband in for a C&P exam for the issues involved in his claim.

However when the VA does set up the appointement for the C&P exam or exams DO NOT MISS THEM!!!!!! I cannot stress this point enought. The VA will deny your claims regardless of edivence you may have submitted to the Regional Office in his behalf. Their is a link at www.hadit.com which will help your husband prepare for the C&P exam or exams. Make sure that you go with him as another witeness just in case there is issues with the C&P final report. I will list some things I hope they will help you.

1) Give the C&P examiner copies of all medical edivence you may have (Even if you have already sent it to the Regional Office on his behalf). This will also help the examinier realize what he or she is dealing with. Sometimes the examiner at these exams do not read the medical file of the vet.

2) Ask the examiner if he or she is a doctor, RN, PA this is an essential. If you get a PA (physicians assisstant) at your exam and the final exam report is missing information or there is information written down by the examiner that either is false or did not happen you can ask the RO (Regional Office) for a new exam based on that the examiner in question is not a doctor and does not have the medical expirence or education to give an exam. The VAMC C&P clinic's(Vet hospitals) accross the nation use RN, and PA quite frequenty.

If your husband is in chronic pain make sure you start a pain log asap and give this also to the examiner.

In this log you might want to say how many hours he is in pain and the duration and length of the pain. Does it interrupt his sleep ect.

3) When at the exam be direct. If it hurts at a point bending over say it hurts. Tell you husband don't be a superman here. Be truthful.

4) When the exam is over wait about 10 days and go to the medical records release dept at the place where the C&P exam was held at, and get copies of that exam. You will have to sign a FOIA (freedom of information act form) no big deal well have to. Go over this report in fine detail and highlight any information that is wrong or something you said was written down out of context, or if the examiner claims something that your husband said or did that did not happen. If this is the case (I have had over 15 C&P exams and I have had to write the VAMC & RO 10 of those times due to errors on this exam)

Send a copy of the highlighted C&P exams with a letter why this or this did not happen, or that is not what you said and demand another exam "because This exam it is not proficiant for ratings purposes". Send this information to the Regional Offfice and file a complaint with the patient's advocate at the hospital. Don't allow the VAMC, VARO to bully you. Stand your ground!

You must understand the C&P examiners work for the VA. Do not ever make the mistake of feeling comfortable when talking with the examiner he will use anything you say against you.

I am not saying this will hapen every time, but I have been at many of them and it does happen.

Last word of advice. Don't give up!!!!!!!!!!!!!!!!!!.

There are many here at hadit who have a great deal more of expirence then I do. If it wasn't for these members here at hadit I would not have the rating I have today. I hope this has helped you and don't be afraid to post your questions. God bless you.

Bound4Heaven