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!

[Cheri0310]

Berta,

Let's see if I can answer your questions.

We did receive a packet from VA includint a letter and paperwork needed yet. We completed all that stuff and sent it back probably in March. Since then is when we have been receiving the 'generic' letters of processing your claim. I don't know if my husbands illnesses fall into one of those 3 categories that your expressed below. Alot of them seem to be symptoms of undiagnosed illnesses right? I'm so confused I just don't know where we stand right now.

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."

[Pete53]

Once he has the C&P things should move faster. If you have not seen his "C" File you probably should go to the VA regional office and look through it. They can make copies of anything that you need on the spot. Call 800 827 1000 to make an appointment. Sometimes you can drop in but unless its near you you should have an appointment.

My advice is to do whatever they ask you as quickly as you can and you can also call the same number and ask for the status of your claim.

Good Luck. Even though it looks like it will take a long time it is actually moving and soon you will get a decision.

[Cheri0310]

OK it seems as though everyone feels like they will be scheduling a C&P exam. That's good to know and now I'll research how to brush up for that.

Does everyone feel like if he was going to be denied that they would have done that right away?

Once he has the C&P things should move faster. If you have not seen his "C" File you probably should go to the VA regional office and look through it. They can make copies of anything that you need on the spot. Call 800 827 1000 to make an appointment. Sometimes you can drop in but unless its near you you should have an appointment.

My advice is to do whatever they ask you as quickly as you can and you can also call the same number and ask for the status of your claim.

Good Luck. Even though it looks like it will take a long time it is actually moving and soon you will get a decision.

[Pete53]

Cheri:

It makes no difference and I doubt at this stage that anyone handling the claim has made up thier mind. That will come later. From what you have said I suspect that your husband has a good claim.

Is he able to work and is he drawing Social Security? This would make a big difference.

[Ricky]

Cheri - Most of the Regional Offices have a hard time with the word "presumptive" when it comes to GW1 Veterans. Most of those claims end up ab the BVA and win in the end. So you and your husband will simply have to be paitent and keep on top of the claim. There are many good people here on Hadit who can help you. Welcome

[Cheri0310]

He is a builder and had to stop in January because his vertigo was so bad that he could not risk the chance of falling off a ladder etc. He is working now at a new job and we haven't even attempted Social security because he is not fully disabled unless he has a vertigo episode. Those last months sometimes though. Most of his symptoms are just problematic at living a normal life but not restricting enough to keep him home bound...does that make sense?

Cheri:

It makes no difference and I doubt at this stage that anyone handling the claim has made up thier mind. That will come later. From what you have said I suspect that your husband has a good claim.

Is he able to work and is he drawing Social Security? This would make a big difference.