Oil Fires, Dsm-iv,

[yelloownumber5]

Hello everyone,

I'm not sure if this site has been posted but anyone that was in the PGW can get a print out of their locations and what the army says odds of any toxins and what not with oil fires....just go to

https://usachppm.apgea.army.mil/gwf/entry.asp

I had a interview with the VA Neuropsyc

he wrote "Thus, he meets criteria for cognitive disorder not otherwise specified (DSM-IV)." Is this considered a diagnosis? This was during the CCEP PGW Registry. If this is a diag do I claim it from the PGW or just as a claim?

My Vetern Service Officer did not want to help me on this.

Second question. I had the VA's PGW Registry phyical and all he did was take my paperwork that they sent me to fill out. He did explain about the mess with Agent Orange and said the VA is working on stuff. He as well did review my blood test, chest xray and urine. I was never given a "physical" or even looked at physically or asked about any conditions that I may have concerns with or anything that I may think had happened from the PGW. I do have a VA doctor and he did say address any issues with them and that is obvious but I thought this (VA Registry) was a way of connecting these conditions.....One of the scary things is I have had two miscarriages with different women and I do know that is another of the PGW "symptoms/effects" which were one of the questions on the form I filled out

I did complete the CCEP (DOD PGW Registry) while on active duty and they were staight forward and asked for our complaints.....that is how I was set up with the Neuropysch, neurologist and all others.

Thanks in advance and have a wonderful week!

Y#5

Edited September 17, 2007 by yelloownumber5

[Berta]

This claim might help you- the claim does not state if the veteran was claiming under the Persian Gulf regs but he receives 30% for cognitive disorder.

http://www.va.gov/vetapp04/files/0406275.txt

Did the Neuro doctor directly associate this to your service as the etiology? Did he make a clear "more than likely or as likely as not" statement?

This BVA decision states the gamut of ratings for cognitive disorders.

http://www.va.gov/vetapp03/files/0307261.txt

I suggest you read the entire regs regarding Persian Gulf vets in 38 USC 1117 (38 CFR 3.317)

to see if you fall into any criteria in those regs as to "qualifying chronic disabilities" but also

certainly pursue a claim for direct service connection

also -in addition to 38 CFR 3.317- regarding "undiagnosed" illnesses.

In an effort to help Persian Gulf veterans with claims of disabilities that were 'undiagnosable'-Congress passed 38 USC 1117 which in my opinion made things even more difficult for Persian Gulf veterans-in some ways.

If a PGW vet hinges solely on the Persian Gulf regs for Chronic qualifying disability" they could overlook pursuing the claim on a direct service connected basis in a different way.

If VA denies a PGW vet saying they do not have a "chronic qualifying disability " as defined in 38 CFR 3.317-

and the vet has not raised the issue of direct service connection due to documentation in their SMRs for direct service connection- the vet has overlooked one avenue of SC to pursue another when they could use both.

In Gutierrez the CAVC held that Section 1117 eliminated the need for a service nexus.

But claims that can provide service nexus in addition to raising the presumptive regs for PGW vets- have two bases on which to succeed.

If the Neuro in any way associated this cognitive problem to your service this establishes a valid SC claim under direct SC regs yet I cannot determine if this would fall into the 1117 regs at all.

If you have any service nexus for this whatsoever that will override the 1117 regs.

Did you ever had any head trauma in your service, or any documented severe infection or cold or anything whatsoever that could be the nexus for the cognitive disorder?

Did the Neuro give any etiology or cause for it?

Edited September 17, 2007 by Berta

[Berta]

PS- I did a little more research and found "oil fires" were mentioned -as you did in this topic as cause of disability in many PGW veterans.

Many however could not prove a direct linkage to their exposure to the smoke even though they had significant lung problems.

This veteran did.She proved her unit was exposed to the oil fire smoke many times and her SMRs revealed that she had sought treatment many times for for allergic rhinitis/sinusitis.

The BVA awarded her claim.http://www.va.gov/vetapp00/files1/0008428.txt

If you were exposed to the oil fires and smoke and have any disability that you can prove is due to that-that too is a way to attain service connection.

These claims usually need -as well as very strong nexus to SMRs - solid medical prove that the disability is a direct result of the smoke exposure from the oil fires of Desert Storm.

[yelloownumber5]

Berta,

The eitology was "Circumscribed deficits in verbal memory and visuoconstruction remains unclear; there are no clear antecedents or risk factors to which they can be easily attributed. The findings also do not appear attributable to motivational factors. Such deficits have at times been reported in Gulf War veterans, and even though (the member) does not appear to have been exposed to a high number of potential neurotoxins, this hypothesis remains viable. The presense of other apparently neurological symptoms, such as the numbness reported by (the member), has also been reported in some samples of Gulf War veterans"

My VA voc rehab Counselor was concerned about this and me going on with school, I did suck on their Visuo spatial test as well. Kind of funny that the voc rehab brought all this to my attention, I never received this report from the VA, after she said this I went to get this copy.

With the allergic rhinitis/sinusitis. "You were seen multiple times for sinus infections while you were on active duty, primarily as a result of the allergic rhinitis. A CT Scan conducted in November 2002 did not show Chronic sinusitis was the cause of the sinus infections. The main cause was the deviated septum" "disability has not been clinically diagnosed as sinusitis" So, when I went to claim for a deviated septum, I was told there was "no record of trama" which is what they said I need for a deviated septum. I did have septoplasty surgery to try and correct my deviated septum.

I did get a rating but at the big zero sc percent for Allergic Rhinitis.

I guess I need to get the sinusitis diagnosed, I did ask the ENT last time I seen him but I'm not sure if that will matter since I retired almost 4 years ago now.

Berta, also you said for the Cognitive claim you sent me, it did not say if the member filed under PGW regs or not.....I don't know what difference it would make for me but I was going to try to claim with the PGW but not sure of what advantages/disadvantages.

Thanks much for your knowledge.

Y#5

[yelloownumber5]

Also.........

How can the VA say this.

I enter the service and not have a deviated septum (not annotated on my physical and medical records) and then some how while on active duty I have a deviated septum but not being able to service connect it?

I did have a record of some minor face trauma but both examples I submitted they said would not have caused this. My only other trauma was a car accident which I was on duty driving from Pensacola, FL to Hurlburt Field, FL......which is where it probably came from but I do not have anything in my record stating any trauma just blood tests and something else. The cause of the accident was I fell asleep while driving.

Thanks again,

[Berta]

"The cause of the accident was I fell asleep while driving."

Could you support -with medical evidence-a claim of chronic fatigue syndrome?

This is a PGW presumptive condition as explained in the 38 CFR 3.317 regs.

There are many chronic fatigue syndrome claims at the BVA.

This vet succeeded in higher rating for CFS but I cant determine if the original award was PGW presumptive or not-

http://www.va.gov/vetapp98/files1/9801156.txt

Still the evidence of CFS in service or diagnosed now and claimed under 38 CFR 3.317 could produce service connection if the medical evidence warrants this.

[yelloownumber5]

Berta,

I do have Sleep Apnea but I have not filed a claim for this yet. I am looking to get some statements from friends and shipmates. I do have in my record about day time fatigue often but never was diagnosed until 31 Oct 2006 and retired 31 Dec 2003. While on active duty and doing the CCEP Persian Gulf War physical this was one of my complaints but I never was sent to see anyone along those lines. I do get confused......Chronic Fatigue Syndrome is one of those undiag that have been related to PGW as presumptive for PGW but after I retired Sleep Apnea I was diagnosed so that cancels out the claim for PGW. correct?

But would not the cognitive/memory issues qualify me to make a claim as undiag for the pgw or is this not good enough........The eitology was "Circumscribed deficits in verbal memory and visuoconstruction remains unclear; there are no clear antecedents or risk factors to which they can be easily attributed. The findings also do not appear attributable to motivational factors. Such deficits have at times been reported in Gulf War veterans, and even though (the member) does not appear to have been exposed to a high number of potential neurotoxins, this hypothesis remains viable. The presense of other apparently neurological symptoms, such as the numbness reported by (the member), has also been reported in some samples of Gulf War veterans"

I just get told no no and no by the vso on everything but my vocational rehab counselor was extremely concerned from the neurophsyc remarks and thought I should file a claim for it...

Thanks again,

.

"The cause of the accident was I fell asleep while driving."

Could you support -with medical evidence-a claim of chronic fatigue syndrome?

This is a PGW presumptive condition as explained in the 38 CFR 3.317 regs.

There are many chronic fatigue syndrome claims at the BVA.

This vet succeeded in higher rating for CFS but I cant determine if the original award was PGW presumptive or not-

http://www.va.gov/vetapp98/files1/9801156.txt

Still the evidence of CFS in service or diagnosed now and claimed under 38 CFR 3.317 could produce service connection if the medical evidence warrants this.