tinnitus Amyotrophic Lateral Sclerosis (als)

[ZenArcher]

I am a Gulf War vet '92 - '00 with service in the Gulf for the Operation Southern Watch, Deliberate Force, Allied Force and Noble Anvil. I was diagnosed with ALS '07 at the ripe old age of 38. I do not have documented symptoms in my medical records but have supplied personal testimony, a corroborating buddy letter, letter from my wife and sister in law stating that I had cramping, twitching and fasciculations during the last two years of active duty service. I also provided a letter from the Director of Neurology and head of the ALS clinic in Hershey stating that the symptoms "most likely represent the initial stage of the illness."

I have also included multiple studies and exposures showing increased risk of developing ALS and studies showing that the time from disease onset to diagnosis can exceed 10 years. I then provided appeals cases showing connection with contradictory symptoms, no symptoms, exposure to unknown substance and diagnosis after 35 years.

I received my denail which states, "In the absence of evidence to show that this condition was incurred in service or aggravated by service or manifest to a degree of 10 percent or more within one year of discharge from service, service connection is not established." The did not address I am working with the PVA but in all honesty they have done little more than act as a mail courier to date. I have open files with both my congressman and senator as well as letters of inquiry from the White House.

I have contacted Dr. Barson concerning an IMO but have not heard back yet. I would appreciate any suggestions. I would also like to know does the one year to submit additional evidence before the claim is closed change following another denial? What I mean by that is my initial claim was place in May 2007 and denied in June 2007 so I had until June 2008 to submit additional evidence. I did so and was the awarded for tinnitus and a thumb fracture but again denied ALS this May 2008. Does that mean that I have until May 2009 now to submit new evidence for ALS and the claim remain open?

[jbasser]

Zen Archer, I hope you understand what these folks are trying to tell you.

ALS and other neuromuscular diseases sych as Huntingtons, Spinal Muscular Atrophy are similar.

Keep in mind the Neuro. Dr Bash is a Neuro Radiologist. He is the Expert on Putting the results of your illness on paper and make you a difinitive timeline. He will sumarize the records. That means he will put the claim in order and place the EMG's, Scans, Xrays, Mri's in your favor.

When dealing with claims for illnesses of this magnitude, You need a sound opinion from an expert.

A Neurologist is a good one but It takes an expert to decipher the tests involveds and thats where Bash Comes in.

Ask him if he will work with you.

J

[ZenArcher]

I understand and appreciate the push. Based on what I've been told here I intend to speak with Dr. Bash again.

[free_spirit_etc]

If the initial initial denial was June 18, 2007 - does he have to file an NOD by June 18,2008 (like kind of quick)regardless of whether he submitted more evidence?

Free

[Berta]

Thurday ( June 12th) HR 5454 is being discussed at the H VAC hearing available via PC at

http://veterans.house.gov

This bill would provide service connection for veterans with ALS presumptions- also included in this bill is Project SHAD.

[ZenArcher]

free_spirit

I received another decision which connected me for tinnitus yet denied me for ALS and it states on there that I have until May 2009 to submit additional evidence.

Berta

I'm the guy testifying so wish me luck. This is a horrible disease. Of the 2,091 vets that joined the VA ALS registry over a 4 year period only 900 remain.

[Wings]

My original ALS claim was submitted, May 2007, and denied in June 2007, so I had until June 2008 to submit additional evidence.

I did so, and was the awarded for tinnitus and a thumb fracture but again denied ALS this May 2008.

Does that mean that I have until May 2009 now to submit new evidence for ALS and the claim remain open?

It means you must file a VA Form 9, and appeal to the BVA. It means you have about 30 days to file that Form 9!!

It also means that, in that Form 9, you can ask for a reconsideration at the DRO Level, at that Regional Office; and you can ask for a personal hearing before the claim is certified to the BVA.