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?

[free_spirit_etc]

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.

It sounds like they have it all mixed up. To me, if he submitted the original claim in May 2007 and they notified him in June 2007 of the evidence needed, he had until June 2008 to submit that evidence.

I'm not sure why they would deny the claim - and still say you have another year to submit the additional evidence, without telling you to appeal.

I would think that you would have one year from the denial (until May 2009) to file an NOD AND submit additional evidence. And when you file the NOD - they should sent you a Statement of Case - and tell you you have 60 days to file the Form 9.

To be on the safe side - I would IRIS them and have them tell me in WRITING what I need to do.

They are sticklers on those appeals - and they can dismiss a Form 9 if a NOD wasn't filed.

Just part of the game...

Good luck on the testifying.

Free

[Wings]

It sounds like they have it all mixed up. To me, if he submitted the original claim in May 2007 and they notified him in June 2007 of the evidence needed, he had until June 2008 to submit that evidence.

I'm not sure why they would deny the claim - and still say you have another year to submit the additional evidence, without telling you to appeal.

I would think that you would have one year from the denial (until May 2009) to file an NOD AND submit additional evidence. And when you file the NOD - they should sent you a Statement of Case - and tell you you have 60 days to file the Form 9.

To be on the safe side - I would IRIS them and have them tell me in WRITING what I need to do.

They are sticklers on those appeals - and they can dismiss a Form 9 if a NOD wasn't filed.

Just part of the game...

Good luck on the testifying.

Free

Free, Good point!! Thank you for seeing that the NOD must preceed the VA Form 9!! My BAD!! ~Wings

You must file a Notice of Disagreement (NOD) with that latest Denial of Claim. Then, they will issue a Statement of the Case. At that point, you can Appeal to the BVA.