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!

[Pete53]

Cheri:

It makes perfect sense and he can collect VA Comp and still work it will take into consideration that he is employed and you are wise to do this as insurance that if it gets worse he will have more benefits to fall back on.

I am not sure what Vertigo and his other problems would be compensated but we can hang in together and learn.

Good Luck

PS Thanks for sticking with your Veteran

[Cheri0310]

Thank you for being so kind. I guess it's a waiting game right now and I'll see what response we get. At least I feel like I have some support here . Thank you again!

Cheri:

It makes perfect sense and he can collect VA Comp and still work it will take into consideration that he is employed and you are wise to do this as insurance that if it gets worse he will have more benefits to fall back on.

I am not sure what Vertigo and his other problems would be compensated but we can hang in together and learn.

Good Luck

PS Thanks for sticking with your Veteran

[cloudcroft]

Cherie0310,

Most of us, when we entered the VA Disability Claims process, were not aware of how LONG the claims process can be...it seems you also may think that things will be done sooner than later and I need to tell you now that re: the VA, LATER is the rule and SOONER is the exception.

As I have stated here before, when I began my own claim I was told to expect a 3-5 year process and be prepared mentally/emotionally to stick it out for this lengthy period of mostly WAITING (and not give up)...that was excellent advice. My case, taken to a successful conclusion, took exactly 4 years.

I'm not talking about winning your claim right up front, first decision rendered (to your satisfaction, being happy with the decision whatever it is and whatever % rating you get)...that doesn't take too long at all -- maybe a year at most and 4 months at best from what I've read other vets saying -- but if you have a complicated case, a borderline case (evidence is pretty much in "relative equipoise" and such cases usually get denied) or you get denied even if you have a GOOD case, that's where the "marathon" comes in and you MUST be prepared to run it.

I'm talking about (not necessarily in order) your first claim going in and waiting for a decision on it, waiting for a C&P appointment (if that happens), getting a denial (if that happens, which often it does), then filing a NOD and waiting for that to process, getting another denial (if that happens) and then asking for a DRO De Novo Reconsideration (if you choose this option), getting denied, another NOD and then maybe another C&P, then going for an Appeal at the BVA, and if that doesn't go your way then going to the CVA (if you go this far, you are definitely looking at closer to a 5 year process (or more) until it's all over). And also during this process, paying out of your own pocket and taking the time/effort to find and schedule a visit to a civilian (outside) doctor for an IMO (which can be expensive) if you think it is needed to counter a VA doctor's opinion that hurts your case.

All this does not happen quickly.

So if the WHOLE process is considered, it can take YEARS...that's just how it is and you have to be prepared for this possibly LONG wait. IMO, it's better to be prepared for a long-haul and it actually takes LESS time than be frustrated/angry when you look for quick results and they don't happen as the months and even years go by.

In the meantime, do not count on anything positive happening from the VA at all (be on the safe side)...live your lives (you and your husband) however you need to right now to keep the bills paid, keep your relationship healthy, look for better jobs if you need the $$, and so on...just wait it out with the VA. You've done the right thing NOW by starting (maybe you could have started earlier but that's water under the bridge presently) but you don't have any control on how long the VA will take and will just have to become an expert at WAITING.

Remember though -- and this was great consolation to me all those years *I* waited -- that if you WIN at the end, no mater HOW LONG it takes, any compensation award is like money in the bank for you because each month you are waiting for a decision, and you eventually win your case, the money (whatever rating % they eventually assign) is building up in your "virtual bank account" each month, so you're not losing any money as the months go by...it's just that you don't get to have it NOW. But your retro check later could be substantial. Mine was after 4 years.

That is the safer way to do it...expect nothing from the VA (i.e., a win and subsequent compensation checks each month) and just go on with your life putting nothing on hold, but DO persevere with your claim(s) and let them sit on the stove as if it/they were just simmering away. The VA moves slowly, partly due to a HUGE backload of claims especially now with all the Iraq vets if for no other reason, so it definitely IS a waiting game. It's as though the VA is a huge (and constipated) alien organism of some kind and our claims are moving through it's also huge digestive system VERY SLOWLY. There is no known laxative for this beast.

So be sure to fill out appropriate forms, submit them promptly, send in any additional evidence, and all along the process, have a Plan B and Plan C (etc.) re: what you will do NEXT with the VA if they do this or that at any given step of the process...it is always good to have options planned out ahead of time because it not only makes you feel like you're on top of the process but also when the VA throws you a curve ball, you are not saying something like, "Wow. What do I do next? I'm stunned and lost right now" but rather something like, "Okay, I thought that MIGHT happen, now I go to Plan B on this" and you don't miss a beat continuing with the process or get psychologically down too much.

So the bottom line is if you have a good case, plan to stick it out no matter how long it takes.

Good luck,

-- John D.

Edited August 9, 2007 by cloudcroft

[Cheri0310]

John,

We are doing what you suggested with going on with the most normal life that we know how. I know in my heart that my husband is having all of these problems because of his service in Iraq/Saudi/Kuwait. He was one of the troops that was exposed to the chemical weapon demolition in Khamisiyah and his health has been deteriorating slowly for 15 years. I have to be honest though and tell you that I'm not so sure how strong his fight will be. If he is denied on lack of service connection or lack of medical evidence I feel that he may just roll over. I hope that he will fight because although he may not be 100% disabled, his life is forever being altered by his service for his country. I feel so bad for him and everything he is going through. Anyway, thank you so much for your advice and hopefully we get some kind of positive answer back from VA since I'm not so sure that my husband will continue to fight if we get the worst news.

Cheri

<br />Cherie0310,<br /><br />Most of us, when we entered the VA Disability Claims process, were not aware of how LONG the claims process can be...it seems you also may think that things will be done sooner than later and I need to tell you now that re: the VA, LATER is the rule and SOONER is the exception.<br /><br />As I have stated here before, when I began my own claim I was told to expect a 3-5 year process and be prepared mentally/emotionally to stick it out for this lengthy period of mostly WAITING (and not give up)...that was excellent advice. My case, taken to a successful conclusion, took exactly 4 years.<br /><br />I'm not talking about winning your claim right up front, first decision rendered (to your satisfaction, being happy with the decision whatever it is and whatever % rating you get)...that doesn't take too long at all -- maybe a year at most and 4 months at best from what I've read other vets saying -- but if you have a complicated case, a borderline case (evidence is pretty much in &quot;relative equipoise&quot; and such cases usually get denied) or you get denied even if you have a GOOD case, that's where the &quot;marathon&quot; comes in and you MUST be prepared to run it.<br /><br />I'm talking about (not necessarily in order) your first claim going in and waiting for a decision on it, waiting for a C&amp;P appointment (if that happens), getting a denial (if that happens, which often it does), then filing a NOD and waiting for that to process, getting another denial (if that happens) and then asking for a DRO De Novo Reconsideration (if you choose this option), getting denied, another NOD and then maybe another C&amp;P, then going for an Appeal at the BVA, and if that doesn't go your way then going to the CVA (if you go this far, you are definitely looking at closer to a 5 year process (or more) until it's all over). And also during this process, paying out of your own pocket and taking the time/effort to find and schedule a visit to a civilian (outside) doctor for an IMO (which can be expensive) if you think it is needed to counter a VA doctor's opinion that hurts your case. <br /><br />All this does not happen quickly.<br /><br />So if the WHOLE process is considered, it can take YEARS...that's just how it is and you have to be prepared for this possibly LONG wait. IMO, it's better to be prepared for a long-haul and it actually takes LESS time than be frustrated/angry when you look for quick results and they don't happen as the months and even years go by.<br /><br />In the meantime, do not count on anything positive happening from the VA at all (be on the safe side)...live your lives (you and your husband) however you need to right now to keep the bills paid, keep your relationship healthy, look for better jobs if you need the $$, and so on...just wait it out with the VA. You've done the right thing NOW by starting (maybe you could have started earlier but that's water under the bridge presently) but you don't have any control on how long the VA will take and will just have to become an expert at WAITING.<br /><br />Remember though -- and this was great consolation to me all those years *I* waited -- that if you WIN at the end, no mater HOW LONG it takes, any compensation award is like money in the bank for you because each month you are waiting for a decision, and you eventually win your case, the money (whatever rating % they eventually assign) is building up in your &quot;virtual bank account&quot; each month, so you're not losing any money as the months go by...it's just that you don't get to have it NOW. But your retro check later could be substantial. Mine was after 4 years.<br /><br />That is the safer way to do it...expect nothing from the VA (i.e., a win and subsequent compensation checks each month) and just go on with your life putting nothing on hold, but DO persevere with your claim(s) and let them sit on the stove as if it/they were just simmering away. The VA moves slowly, partly due to a HUGE backload of claims especially now with all the Iraq vets if for no other reason, so it definitely IS a waiting game. It's as though the VA is a huge (and constipated) alien organism of some kind and our claims are moving through it's also huge digestive system VERY SLOWLY. There is no known laxative for this beast.<br /><br />So be sure to fill out appropriate forms, submit them promptly, send in any additional evidence, and all along the process, have a Plan B and Plan C (etc.) re: what you will do NEXT with the VA if they do this or that at any given step of the process...it is always good to have options planned out ahead of time because it not only makes you feel like you're on top of the process but also when the VA throws you a curve ball, you are not saying something like, &quot;Wow. What do I do next? I'm stunned and lost right now&quot; but rather something like, &quot;Okay, I thought that MIGHT happen, now I go to Plan B on this&quot; and you don't miss a beat continuing with the process or get psychologically down too much.<br /><br />So the bottom line is if you have a good case, plan to stick it out no matter how long it takes.<br /><br />Good luck,<br /><br />-- John D.<br />

<br /><br /><br />

[jmlo]

Hi, I'm sorry I never got this, I'm still learning how to do all this stuff! You are earlier in the program than we are. We got those generic letters for about 6 months before they decided he was sc at 60%. My husband had to do the C&P Exam and I think you have to do that no matter what. I think that was one of the first things that happened once we applied for compensation, they scheduled a C&P exam. You may already have had one by now. Our efforts have certainly paid off. He was originally discharged with 10% SC. Then it was increased twice, now he is at 60%. Which is fine, but we just don't understand why they won't SC his fibromyalgia since he was a GW Vet with Southwest Asia Theater Operations AND it was diagnosed during the presumptive period. It is a chronic disability, and the legislation specifically spells out fibromyalgia as an undiagnosed illness. It is definately compensable at 10% or more, so I'm not quite sure what the problem is. They didn't even mention his GWVet status in the SOC that we recently received from the DRO.

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]

Hi, I'm sorry I never got this, I'm still learning how to do all this stuff! You are earlier in the program than we are. We got those generic letters for about 6 months before they decided he was sc at 60%. My husband had to do the C&P Exam and I think you have to do that no matter what. I think that was one of the first things that happened once we applied for compensation, they scheduled a C&P exam. You may already have had one by now. Our efforts have certainly paid off. He was originally discharged with 10% SC. Then it was increased twice, now he is at 60%. Which is fine, but we just don't understand why they won't SC his fibromyalgia since he was a GW Vet with Southwest Asia Theater Operations AND it was diagnosed during the presumptive period. It is a chronic disability, and the legislation specifically spells out fibromyalgia as an undiagnosed illness. It is definately compensable at 10% or more, so I'm not quite sure what the problem is. They didn't even mention his GWVet status in the SOC that we recently received from the DRO.

Thank you for the response. We are over 7 months into this claim and still no C&P exam. Was starting to wonder if they were going to order one at all. I certainly do not understand how they will not approve his fibromyalgia for compensation. You really need to fight that one. I'm starting to believe that we have a denial in our future since we have no c & p scheduled and no resonses except then initial letters and then the generic ones. I guess time will tell