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Newbie - Just Had 1st C&p Only Basic Phy?


dtclou

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Hi everyone, first I want to thank you all for your valuable information & time you put into helping all that come here.

I have been helping my husband file for disability compensation. He has been going to the VA hospital since 99' getting tests done, but no one (except me) told him he should file for comp. After years of getting worse he decided to file in March 03, but didn't follow thru. Then decided again in March 05'.

He is a Gulf War Vet. & has numerous problems in addition to Gulf War Illness conditions (gastric cramps,horrible memory, random highblood pressure,diarreah, insomnia,depression, skin growths some removed at VA, lypoma removed at VA, rectal bleeding, fatigue, his hands have started shaking receintly, muscle cramps..) His eyes are extreamly sinsitive to light & have brown spots in the whites.

He also was diagnosed in April 01' with PTSD at the VA (still no one told him to file) He has horrible night sweats, extreamly moody, impulse control, anti social-very reclussive & depressed.

He also had a back injury in service. He fell off a helicoptor rope onto a ships deck doing a fast roping excersise & had to have his L4-L5 fused.

Additionally he ate some fruit with toxic pesticide on it in Isreal. He was found in the field & taken back to an aircraft carrier & had to have part of his colon removed. He only knows what his team told him 2 weeks later when he woke up.

He went to a C&P exam on Friday. All they gave him was a basic physical. I was not allowed to go in the room with him - even though he asked several times - he cannot remember things very well. He came out very upset & worried. He said the examiner couldn't find any records of his back injury or the fruit incident nor any operations. He is very worried they will think he is making things up.

At the C&P the examiner wouldn't address any thing but basic physical stuff. She did no rang of motion tests for his back. No memory test, no mental exam. She said they would need to line up tests for some of his symptoms (stomach/colon), he said they had already done them years ago. She looked back & found them & said - oh, yes they did - good, nothing is wrong with you.

So my questions for now are -

1.Do we need to request more C&P's for the other issues - or wait to see if they already have info from VA & didn't think other tests were necessary?

2.What about all the missing service medical records? I ordered copies off the link for smr, but haven't gotten them yet.

3.Is it normal to get just a basic physical C&P ?

He also fell off a roof in Jan 05' & receintly had surgery (civilian Dr-VA said nothing wrong) to fuse his ankle together. He hasn't worked since then. He had a construction partnership with his brother before, but they had decided to end that before the ankle injury due to PTSD issues with my husband - he just couldn't work with him anymore.

I have no idea what his rating will be, but what about IU?

Does he have to fill out a special form to apply or is that something they automatically check for or send us a form if he may qualify? If he needs to fill out a form - should he go ahead & do it now before an initial rating or wait to see what they rate him at?

Thanks for any help.

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I hope he has put all of these conditions into his claim-

If I were you I would have the vet send a letter to the VAMC whch treats him- to get a copy of all of his VA medical records-

the PTSD diagnosis must have been followed up with treatment and medication records-since 2001-(as well as the other issues)

How long has it been since you requested the SMRs?

It usually take- 4-6 weeks-sometimes longer-

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Few things:

1) find out who treated him for the fruit incident and contact them for first hand accounts of the story and try to track down those records...my guess would be that the people treating him would easily recall such an odd story and accounts from the people that treated him are as good as medical records.

2) Get him to a civilian doctor ASAP and have that doctor give a thorough evaluation of ALL of the disorders you are applying for. The VA docs are trained to only give as much info as they absolutely have to based on the medical evidence...don't expect a VA doc to assume anything. A civilian doctor may be more willing to investigate the symptoms on his behalf.

3) You will need to formerly request TDIU...the VA can grant it without a request, but it would be more likely that they wouldn't. I don't have the exact form number on hand, but the people ehre at hadit know it by heart:-)

Basically, expect to do their work for them...they will not rate in your favor based on insufficient evidence (quite the opposite in fact). Make copies of every medical piece of evidence you can find and every account from every person you can contact and present a well rounded full-proof case that they cannot deny. Even highlite the parts of the evidence that favor him most, as the raters are notorius for skimming evidence. In other words, present his case to them as if they were 6 yr olds with attention deficit disorder:-)

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  • HadIt.com Elder

I agree with what Berta and Jay said, but the first thing that I would do, is file a Release of Information form (VA Form 10-5345) at the VA Medical Center (VAMC) where the examination was performed.

Specify that you request a copy of the C&P examination, and all supplemental evidence for your personal records. Since VA has now established a system where they will not release a copy of the C&P at the VAMC, expect a wait until the VA Regional Office (VARO) gets around to sending it.

You MAY be lucky, and your local VARO may not have started to implement the revised regulation yet, in which case, you can get it direct from the VAMC.

This will give you the examiners name, (not necessarily an MD).

Read the report, and compare it with the Service Medical Records (SMRs) when you get them, and/or review it with your husband. Go here:

http://www.vba.va.gov/bln/21/Benefits/exams/index.htm

and review all the worksheets that should be used to cover your husband's Service Connected (SC) problems. Use the relevant ones to compare to what the C&P report states. Where you have significant disagreement based upon the worksheet data, or personal opinion, document it.

You can file a formal Letter of Complaint to the VAMC Patient Rep/Director/Manager about the problems that you perceive, before you receive a copy of the report, if you wish. Then do the the review, and follow it up with detailed comments.

I think it is advantageous when filing a complaint, to print out the relevant C&P worksheets, highlight all the problem areas; I use two colors, one for omissions and another for inadequate/incomplete.

Edited by wallyg
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  • HadIt.com Elder

First of all thank you for helping your Veteran. If you can document the problems he should not have to much of a problem being service connected. Berta and Jay gave you some good suggestions. I recommend that you explore the Hadit Home Page for information.

Its fairly obvious that your husband did not get a proper C&P but you should request a copy of it from the Hospital it was given at.

If your husband is unable to work you should also apply for Social Security immediately as they have a time limit for claims.

Good Luck

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Thank you Berta, Jay, Wallyg & Pete,

My husband did call our VARO today & check to see if he needed more C&P's - they said no - they had all the info they needed & should hear something in a couple of weeks. I am not sure what to think.......

They did require a stressor letter - which took him quite a long while to write, but he did get that in a couple months ago - The VAMC did put him on med several times, but he didn't stay on it. We are 2 hr away from the VAMC. He has gone in a couple times every year since 99' so they do have records/documentation of him having problems for a long while.

I guess the C&P was to make sc? I'm really not sure what to think now-it was so basic & didn't address any of his main illnesses/disabilities?

On finding the ones that treated him for the fruit incident - it was overseas in Isreal & he was then taken to an aircraft carrier. This was back in 91 - he gave that info to the VARO - (they did send us a request for more info to help them locate records on this & his back) - but the VA hospital said they didn't have them. I know there has to be records somewhere. Maybe once we get a copy of his smr I can look thru & find it or atleast find a lead on a contact?

I ordered his msr off the internet. He signed the form & I mailed it about 4 weeks ago. I got an email about 2 weeks ago that said his records were not there, they were at a different location. I am assuming they forward the request? The email said not to reply it was automated. Is this normal?

I saw posts saying it is a good idea to get a copy of his c-file from VARO. Would they provide us with the C&P & VA records or should we request them from both places?

Also, should I go ahead & request these now before the initial decesion or wait for the 1st rating/decession to come in before getting these?

I found the form for IU - thanks for letting me know, I will have him fill it out. Should we send it now, before the 1st rating decession or wait & send it if we need to file a nod? (I know I am being optimistic with the "if" - but who knows...)

I just made him an appointment for a full physical with a civillian Dr & will take a list off all his conditions.

Thanks again for all your help.

dtclou

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It sounds like the VA is focusing on the PTSD part of the claim-

I would get a copy of his med records-and the C & P results- although it could hold up the claim a little- but in my opinion- it is better to wait a little longer for a decision- if you know what they are basing it on.

I remembered yesterday- that when I sent for my husband's SMRs- I only got his Navy records, because the others -USMC records -were at the VARO in his claims file-seems they sent a letter indicating this-

(or maybe in his SSA file)

question all- has anyone here ever asked the VA itself for a copy of their SMRs?

At some point they become part of the c file-

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Hi, all, well.....we got a NOD today they rated my husband at 10%, that is all. I am flabergasted & disgusted. Included in the list they say is not SC is "Gulf War Syndrom" How is that not service connected??? Where do they think it came from. Isn't it a presumptive connection? They acknowledge he served & records show he was there. I even sent them a picture of him strattling a smoking missle. (His job was EOD explosive demolition/clean up)

They didn't even mention the fruit incident, the 10% is from his follow up exam & they found a polyp & removed it. That is it!!!!

What do I do from here? I don't even think having them review it is worth the time. Can we just request it be sent to a hearing board. I would really love a hearing board to review this & see how incompetent & unjustly this was rated. They never did request any more C&P's just the 1 completely basic physical & that was it.

I'm just so mad....What is my best option? (This was Boise, ID RO)

Oh - in the denial paragraph for low back pain - they say his back injury/surgery "didn't happen"......he had a bad memory, but come on. He was doing a fast roping excersise & fell on the deck of a ship!

Thanks for all your advise & letting me blow off steam

dtclou

Edited by dtclou
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You certainly have to file a NOD -

there is a format here somewhere-

state exactly the points you made here-and argue over everything they did not consider-

Have you checked the Evidence they used?

Do you have the VA's criteria for Gulf War Syndrome?

In the NOD tell that you fully intend to continue to appeal until the benefits sought have been granted.

Does this vet have a paper trail of treatment at the VA for each condition?

A presumptive condition from the Gulf War must fall within rules of 38, USC 1117, and 38 CFR 3.317 (2005)

Did he get the Persian Gulf War Registry Exam? do you have a copy of the results?

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Hi Berta,

I was going to request a copy of the claim folder today. They never did send us a copy of his SMR I believe they are missing a lot of records. He was on 3 seperate tours & didn't spend much time in the US while in the Navy. He told them to check with his mobile unit - as that is where most records would be, but I dont' believe they did.

Most all claims they say are denied because they are not service related & didn't happen in the military....Including his back surgery! (but yes - they did)

Do you know how I can request a copy of his records directly from his mobile unit? As I believe that would prove all of this DID happen in the military

He has been going to the VA hospital since 2000 for treatments. He just filed a claim this year.

3 months after he filed, he called to check - since he hadn't heard anything. They said his file was closed & in Boston and he had to send a request to re-open. Then he got put in the rate increase category (even though he had never been rated) which took him out of priority (1st time claim) status.

I know his C&P was absurdly inaccurate. They only gave him the most basic physical & I've been worried about the claim since then.

Even on his 10% approval - they say "higher elevaluation of 30% is not warranted unless there are symptoms of diarrhea etc..." He has been treated at the VA for years & always complains about his diarhea & blood in the stools & stomach pains. They mention it in several parts of the claim later in the denials & it was even 1 of the claimed symptoms they say isn't military related!

They have messed this up so badly, I don't believe it is worth continuing with this office - I don't trust them at all. Is it possible to have his file reviewed elsewhere?

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"I was going to request a copy of the claim folder today. They never did send us a copy of his SMR I believe they are missing a lot of records"

do you mean his request to the NARA did not produce the SMRs?

I am not sure what you mean by the mobile unit-

"3 months after he filed, he called to check - since he hadn't heard anything. They said his file was closed & in Boston and he had to send a request to re-open. "

Bring this up in the Notice of Disagreement-

this would cause him to lose his earliest effective date-

ask them what rationale they can give you for that statement-

I also suggest stay with them until they get it right- obviously you have a lot of evidence to support the higher rating for the 10%

Spell it out to them in the NOD and send them copies of any VA med recs that will help.

Question the C & P- you can get a copy of it through the Record Access Officer at the VAMC with a written request and make sure his c file number is on it-

Here is the 38 , 3.317 CFR I mentioned :

I have additional suggestions here after the reg----

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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations

Electronic Code of Federal Regulations (e-CFR)

BETA TEST SITE

e-CFR Data is current as of January 12, 2006

Title 38: Pensions, Bonuses, and Veterans' Relief

PART 3—ADJUDICATION

Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation

Ratings and Evaluations; Service Connection

§ 3.317 Compensation for certain disabilities due to undiagnosed illnesses.

(a)(1) Except as provided in paragraph © of this section, VA will pay compensation in accordance with chapter 11 of title 38, United States Code, to a Persian Gulf veteran who exhibits objective indications of a qualifying chronic disability, provided that such disability:

(i) Became manifest either during active military, naval, or air service in the Southwest Asia theater of operations during the Persian Gulf War, or to a degree of 10 percent or more not later than December 31, 2006; and

(ii) By history, physical examination, and laboratory tests cannot be attributed to any known clinical diagnosis.

(2)(i) For purposes of this section, a qualifying chronic disability means a chronic disability resulting from any of the following (or any combination of the following):

(A) An undiagnosed illness;

(B) The following medically unexplained chronic multisymptom illnesses that are defined by a cluster of signs or symptoms:

(1) Chronic fatigue syndrome;

(2) Fibromyalgia;

(3) Irritable bowel syndrome; or

(4) Any other illness that the Secretary determines meets the criteria in paragraph (a)(2)(ii) of this section for a medically unexplained chronic multisymptom illness; or

© Any diagnosed illness that the Secretary determines in regulations prescribed under 38 U.S.C. 1117(d) warrants a presumption of service-connection.

(ii) For purposes of this section, 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.

(3) For purposes of this section, “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.

(4) For purposes of this section, 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.

(5) A chronic disability resulting from an undiagnosed illness referred to in this section shall be rated using evaluation criteria from part 4 of this chapter for a disease or injury in which the functions affected, anatomical localization, or symptomatology are similar.

(6) A disability referred to in this section shall be considered service connected for purposes of all laws of the United States.

(B) For the purposes of paragraph (a)(1) of this section, signs or symptoms which may be manifestations of undiagnosed illness or medically unexplained chronic multisymptom illness include, but are not limited to:

(1) Fatigue

(2) Signs or symptoms involving skin

(3) Headache

(4) Muscle pain

(5) Joint pain

(6) Neurologic signs or symptoms

(7) Neuropsychological signs or symptoms

(8) Signs or symptoms involving the respiratory system (upper or lower)

(9) Sleep disturbances

(10) Gastrointestinal signs or symptoms

(11) Cardiovascular signs or symptoms

(12) Abnormal weight loss

(13) Menstrual disorders.

© Compensation shall not be paid under this section:

(1) If there is affirmative evidence that an undiagnosed illness was not incurred during active military, naval, or air service in the Southwest Asia theater of operations during the Persian Gulf War; or

(2) If there is affirmative evidence that an undiagnosed illness was caused by a supervening condition or event that occurred between the veteran's most recent departure from active duty in the Southwest Asia theater of operations during the Persian Gulf War and the onset of the illness; or

(3) If there is affirmative evidence that the illness is the result of the veteran's own willful misconduct or the abuse of alcohol or drugs.

(d) For purposes of this section:

(1) The term Persian Gulf veteran means a veteran who served on active military, naval, or air service in the Southwest Asia theater of operations during the Persian Gulf War.

(2) The Southwest Asia theater of operations includes Iraq, Kuwait, Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Sea, and the airspace above these locations.

(Authority: 38 U.S.C. 1117)

[60 FR 6665, Feb. 3, 1995, as amended at 62 FR 23139, Apr. 29, 1997; 66 FR 56615, Nov. 9, 2001; 68 FR 34541, June 10, 2003]

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--------------------------------------------------------------------------------

Last updated: July 27, 2005

Print this out and read it very carefully to see how this would apply to his claim, copy and attach it and refer to it in your NOD.

This claim can be turned around with a successful NOD- Also I would request in the NOD a DRO review if the benefits remained denied after receipt of the evidence with the NOD.

Do you have a vet rep or service officer?

Without SMRs, the C file, and all VA med recs-

a veteran has one hand literally tied behind their back from the git go when it comes to filing a claim-

I dont mean to wait until you have all this but to take every step you can to get all the info you can.

If the VA told you they dont have or cant get the SMRs, -they might be right at the VARO-

or in storage- they are somewhere-

I only believe what the NARA says on SMRs:

http://www.archives.gov/ go to Military records or evet recs,

print off or fill in on line the SF 180- ask for all service medical and personnel records, print out the bar coded thing, have the vet sign, copy and mail it to appropriate Branch of service.

Mention the Mobile Unit on the SF 180 and request those records too-

Edited by Berta
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The Records issue is a common one for denial. The VARO knows quite well where to get these records but did not request them for you. Illegally. How do I know they didn't request them? The Duty to Notify. They are required by law to notify you if records could not be obtained. This is axcactly what happened to me.

Hospital records for injury during that time are not in SMR's. You have to request them specifically. For both incidents you need to know the dates of hospitalization and the hospital/medical facility. There is now a DoD data base that lists many of these records. you can call to see if the records in question are in this data base if they are, they will send you the forms already filled out, just requiring signature, to request them. If they are not, include them in a request anyway because not all are in the data base.

Special Assistant's office- 1-800-497-6261 (data base)

And/or request specific hospital records from; National Personnel Records Center, 9700 Page Ave., St Luis, Mo. 63132. Include treating facility, and Dates of treatment. If you do not know axact dates, request them anyway. You might get lucky.

They denied my head injury happened,(denied claim) and then denied my secondary condition of my SC because it was "caused by a head injury in service".

Hope this helps. I am SC for GWI. I'll try to address that later.

Time

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  • HadIt.com Elder

if you don't get them to respond and you appeal it to the BVA they will probably just remand it for further C&P exams anyway, I would file a NOD and ask for a DRO hearing face to face meetings seem to help, I went from 0% to 50% but I am still appealing that rating also, the VA just hates claims with multiple medical conditions and they ignore most of the issues, GWS is not a disease it is a term given to a multitude of symptoms, as long as they are undiagnosed illnesses they seem to compensate but as soon as they give it a diagnosis the fight is on. You are not the first claim this has happened to and you won;t be the last. Some records are stored in Virginia or other places since sometime in the 90's not everything is in Saint Louis anymore.

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No - the NARA did not produce his SMC. They sent us an email first that said they didn't have them & request was forwarded. About a month ago we received a letter from NARA that said they had exausted their resorces & couldn't find them. It said if a claim had been opened that all his record may be there at the VARO. I was waiting to request a copy from the VARO until after a decession was made - I guess I should have requested them long ago....

His Mobile Unit 2 is his unit that is attached to him - He was special forces EOD & even though he was "stationed" in Virginia Beach, his team was almost never actually there. He did a lot of secret service & fears a lot of his records may be unobtainable.

His original colon surgery was done on a aircraft carrier. They say they have no record of that. They only had his follow up - which show a polyp they removed & that is where the 10% came from. He didn't even claim that & that is what they granted?

He said when we were filling out his claim they would have a tough time getting his records - I said no - it's all sent to a central file for you......

He does meet all the requirement for the Gulf War Syndrom presumptive condition from the Gulf War must fall within rules of 38, USC 1117, and 38 CFR 3.317 (2005).

He has sought treatment for symptoms since 200 from the VAMC - so definatly evidence of manifestation well before the deadline & 5 years before he filed a claim for them.

In the specific denial for this one they say " Service connection for Gulf War syndrome is denied since the available medical evidence does not demonstrate the presence of or any significant disability associated with these symptoms."

After 5 paragraphs stating he had all these problems, but is still normal.

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Also he would like to add a claim for his ears (VERY BAD HEARING LOSS) He had a lot of damage from diving & compression chambers. This is in his SMR - at C&P that is about the only thing she kept bring up & he hadn't even made a claim for it.

Does he need to open a new claim seperatly or do I note he wants to add it on his NOD?

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First, NARA told me the VA had ALL of my medicall records. It took me two years to find out different. Request the hospital records from them. The VARO knows this but will use it to deny claims. Hospital records from the Persian Gulf Era are NOT in SMR's. NARA knows this as well but will not say so, if you are requesting SMR's, that is all they will look for.

If the hearing issue is noted in the C&P exam it can be considered an informal claim. File a formal claim on the issue and the effective date will be the date of the exam.

When I filed for undiagnosed condition (GWI) I was given a FULL medical workup under Gulf War guidelines. In short, I was evaluated by a non VA physician (IMO) requested by VA, and every issue was examined. Blood work done, X-rays taken, the whole nine yards. They are looking to put a name to the condition. If they can do that, SC is usually denied. In your case, the RO denied the condition exists so with the medical evidence you have, further follow up should result in SC. These ratings are generally low however.

Time

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As I was writting my husbands NOD I noticed something very disturbing.

He has Claimed GWI which has a very specific list under US chapter 11 title 38. He has nearly all of them. They made us list all the symptoms individually.

When they processed his claim - they lumped a few things without much merit into GWI (like skin growths/eye spots) and then denied that claim saying they weren't disabling.

Then they kept all his other major problems (which are specifically listed in GWI symptoms) (depression, stomach pain/ irritable bowel , respiratory problems etc) that he has sought treatment & undergone tests for year - all seperatly & said "denied /lack of SC" Was this on purpose. I don't want to be paranoid, but the more I read it, the more blatantly it looks like they purposely did this so they could deny him all around. Has this happened to anyone else? Should I point it out nicely in the NOD or come right out & tell them I beleive it was done on purpose?

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As I was writting my husbands NOD I noticed something very disturbing.

He has Claimed GWI which has a very specific list under US chapter 11 title 38. He has nearly all of them. They made us list all the symptoms individually.

When they processed his claim - they lumped a few things without much merit into GWI (like skin growths/eye spots) and then denied that claim saying they weren't disabling.

Then they kept all his other major problems (which are specifically listed in GWI symptoms) (depression, stomach pain/ irritable bowel , respiratory problems etc) that he has sought treatment & undergone tests for year - all seperatly & said "denied /lack of SC" Was this on purpose. I don't want to be paranoid, but the more I read it, the more blatantly it looks like they purposely did this so they could deny him all around. Has this happened to anyone else? Should I point it out nicely in the NOD or come right out & tell them I beleive it was done on purpose?

On my claim, I was denied all symptoms other than "undiagnosed fatigue". They will deny every symptom that they can. For the symptom's that they say are not disabling, you'll still want to NOD for SC, even at 0%. (skin growths could become cancerous, eye spots could progress to vision problems) The rest of the symptoms are medicaly present and problematic. A minimum rating of 10% must be given if found SC. So the only way to deny is to deny SC. If they have not given a clinical diagnoses for these conditions (no cause for them) they fall into Title 38 , 3.317 CFR as Berta posted below. I don't know the best way to word it but I'd just stick to facts. It is, after all is said and done, legal manuvering and emotion won't get far. (I fail at that part and it hurts me not them)

As much Press as the presumptive issue has had, and the Gov and VA patting themselves on the back for allowing SC for the presumptive illness's (Gulf War Illness is never mentioned in my claims file except for doctor notes and the registry) very few claims have been approved for it. Up to 2002, undiagnosed claims proccessed was 12,754. undiagnosed claimes granted was 3,276. undiagnosed claims denied was 9,578. 2,796 of those are recieving SC comp at 10% or higher. Half of those are at 10%. Those are the most recent #'s I have.

Time

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dtclou,

Look at the requirements in 38 CFR Part 4 for each rating (each specific DRC). Get a physical exam by a civilian doctor and have him list the symptoms of each of the disabilities with the wording that matches that in part four. You must shoot for at least 10 percent for each in order to gain SC for persumption of GWS. SC with a zero rating will not be given for GWS unless the symptoms were present during active duty then they will go with a zero rating but not under the presumptive clause (it must have become disabling to a degree of 10 percent). For example: IBS

7319 Irritable colon syndrome (spastic colitis, mucous colitis,

etc.):

Severe; diarrhea, or alternating diarrhea and constipation, 30

with more or less constant abdominal distress................

Moderate; frequent episodes of bowel disturbance with 10

abdominal distress...........................................

Mild; disturbances of bowel function with occasional episodes 0

of abdominal distress........................................

anything below Moderate frequent episodes of bowel disturbances with abdominal distress will not get you presumptive SC for GWS. Once you get the doctor to diagnose the symptoms as moderate frequesnt episodes then follow that with a statement from your husband and yourself describing how those symptoms affect his daily activities with emphasis on his work activities and his ability to conduct self support activities. Remember 10 percent is the key here. Although you probably already know this I just wanted to refresh you memory while writing the NOD.

Ricky

"Just think - I am not a doctor but with three weeks of training I could be a VA Rater which would place my lay evidence and rulings well above any doctor by making it LAW"

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Thanks Ricky & timetowinarace, several more questions:

I noticed another problem in his decesion letter. At his 1 & only basic C&P he tried to bring up depression & other mental problems he has. The examiner specifically told him several times she couldn't address mental issues, he would need a psyc C&P for that.

Yet on his denials there are several referances that say his C&P examer noted "you did not exhibit any mental or psychological deficiencies that would make it difficult to function socially or occupationally"

Also he has horrible memory trouble - again not her area she told him - yet on his denial "examination noted you did not have difficulty providing your history or answering other questions during the examination." (Although he did) If she isn't in the mental field can they even use what she wrote (none of it is accurate - which really makes me upset

Several places in his depression claim that they kept seperate from GWI they do note that other Psyc Dr's (not C&P) did diagnos depression/mood swings/anger issues, but since he didn't have these in the service they are non s/c.

Then when they address depression again in GWI - they say denied because "no Dr's ever said GWI was the cause of his depression"

Isn't depression a presumtive connection? It is listed as 1 of the specific condition under 11/38. Would I be wrong to say his rights were violated here? Does a Dr have to say GWI caused depression? or is it presumtive ?

(Diagnosis isn't an issue here, he's got that, it's just getting it SC.)

Edited by dtclou
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