Va Pgw Registry

[yelloownumber5]

I just completed my VA PGW Registry.

I was just wondering if my so called exam was normal. I just dropped off the paperwork that was mailed to me by the VA and the guy double checked my PGW area dates, this was it. He asked if I had any questions about the program and I said I had a few things to talk about as in my condition I was told to just talk to my VA Primary care doctor for my problems. He didn't let me tell anything to him that was going on with me nor did he ask anything. This was different than the CCEP I completed while on active duty.

Also, if a VA NeuroPhysc said I qualify for DSM IV and related problem of PGW vets is that not a diagnoses? My VSO told me I had no reason to file anything regarding the PGW?

Thanks much,

Y#5

[Berta]

Persian Gulf War veterans can claim any condition due to their service that has a nexus in their SMRs just like other disabled veterans seeking compensation.

38 USC Section 1117 provides an additional way to seek compensation from the VA.If a Persian Gulf veterans has a "qualifying chronic disability" as explained within the above regulation they can receive VA compensation.

As of publication of the VBM from NVLSP which has information as to Persian Gulf vets claims- the presumptive period has not been determined yet for chronic fatique syndrome, fibromyalia or irritable bowel syndrome-which are part of the "qualifying chronic disabilities" that VA awards comp for.Also an "undiagnosed illness" that VA awards comp on cannot be altered (per the Veterans Education and Benefits Expansion Act of 2003 if that formerly "undiagnosed" condition becomes "diagnosed".

"Undiagnosed condition" regs were altered by COngress in 2001.

This recent case from the BVA shows the specific type of evidence needed to award under 38 USC Sec 1117.

Any claim showing a direct nexus of any disability to service can also provide VA comp- a Persian Gulf vet is not locked into the provisions of 38 USC 1117 in this regard.

The veteran was awarded VA comp due to fulfilling the criteria of 38 USC 1117:

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

This Persian Gulf vet did not succeed under 38 USC l117 but was granted service connection of a different disability as directly due to his service:

"Service connection for restrictive ventilatory impairment is

granted" as ther was ample documentation of this problem in his SMRS.

http://www.va.gov/vetapp07/files1/0701532.txt