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Scheduling C&p


Cheri0310
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Finally after waiting nearly 2 years we got a letter from the VA saying that they called for C&P exams to be scheduled.

My question is...My husband being a gulf war vet (91), would they actually schedule C&P exams if they were questioning service connection? All his claims will have to be connected through the gulf war presumptive connection since all his medical ailments started much after his service.

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Finally after waiting nearly 2 years we got a letter from the VA saying that they called for C&P exams to be scheduled.

My question is...My husband being a gulf war vet (91), would they actually schedule C&P exams if they were questioning service connection? All his claims will have to be connected through the gulf war presumptive connection since all his medical ailments started much after his service.

Cheri,

Normally any time a vet requests compensation for a service connected injury/disability, according to the Code of Federal Regulations (CFR) the Department of Veterans affairs (VA) MUST request a Compensation and Pension exam.

Just because the vet was part of a time-frame of war, does not automatically give the vet a certain issue/illness.

There are requirments such as "boots on the ground" that will automatically assist the vet with his/her claims, but these things have to be established.

Next, then there is medical proof. These questions need to be answered.

When your husband applied to VA for compensation, did he supply VA with copies of his Service medical records (SMR'S) and his DD-214-discharge papers or does VA have to request copies of them from the archives?

Did your husband have any illnesses/injuries that happened while on active duty?

Is he still seeing civilian doctors for these today?

Did he start going to the doctor for his issues within a 12 month time period after discharge from active duty?

For the Gulf war syndrome issues, there are presumptive issues, but these will have to be established with facts.

Was your husband in the war or was he in service in that timeframe?

That's a big factor and a VERY big difference.

Meaning, if he was for example a soldier in the military at the timeframe the war broke out, but never left the USA for example, then he would be a soldier from that time-frame, but not a true GULF WAR vet.

If he actually deployed to the Persian Gulf, during the time of war, this establishes "boots on the ground" and makes him a GW vet.

I'm not trying to bust your chops here, I'm just trying to explain to you the differences and the issues VA faces. It's not just as cut and dry as a person thinks. The VA is required by law, to investigate these issues and look for the facts.

A compensation and pension exam is a very expensive and time consuming process and the VARO/VAMC have to make sure their justified and needed.

Next, thing is this: does your husband have a Veterans Service Org (VSO)? If not, then perhaps he should!

A VSO will assign him a service officer, to help him with claims questions and issues.

Plus, just for a bit of insider info, as a veteran, the vet has to remain actively involved with his claims! If you don't care, why should the VA or the VSO??

Meaning things like just sitting back and waiting on an exam and for 2 years....well you really need to get more interested in your claim and become more involved!!

You don't have to call or email every day, but at least every 90-120 days, request some feed back on the status of your claim.

The reason I am telling you this is as follows: you folks sent in his application for service connection, but did you know the application arrived at VA?

Your best means for applying or doing anything with the VA is by writing and per certified mail, where it's signed for and you get a return confirmation.

Next, if you're not interested in doing follow ups, why should VA be interested in hurrying or making sure this claim is actively worked?

No reason, there are literally hundreds of thousands out there, who are!!

What would you folks have done, if VA hadn't replied in say 5yrs? Would you still be waiting, thinking "dang the VA must really be busy or slow?"

No, again I'm not trying to be mean or rude to you, I'm just trying to open your eyes to facts and simple mistakes, that can cost valuable time and money.

The vets compensation starts normally(there are excpetions to this, but for the most cases this rule here applies) upon when the claim was received at the VARO-it's date and time stamped and signed for by a VA employee.

If the claim was lost or destroyed, you have no proof you sent it-if you didn't send it per certified mail and to just wait for 2 or so years before reacting, that's just lost time and lost money!! Understand??

Next issue is this: if your husband is a Gulf WarI vet from 91, hopefully this isn't his first time to seek treatments for anything, especially relating to the GW syndrome?

If so, then he may have a really hard time trying to prove service connection.

Hope this helps and allows you to understand the issues he's facing on a wider scope.

Sometimes, it's not just as cut and dry as the person thinks and once it's explained, the vet/family member see's that there is a bigger issue behind an application, than just handing out a rating.

Again, don't take this as a personal attack, wasn't/isn't my intention, it's just meant to explain the situation and the process the vet faces and to try and inform you of some of the potential mistakes that can be /are made on the claims process.

Whoop

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When he received a VCAA Letter and election notice- (which usually comes within 6 mo ths after filing a claim) did he fully respond to the election notice and supply VA with the specific evidence they requested in the VCAA letter?

This is a highlighted and underlined statement in the VCAA letter.

The idea of 'Gulf War Presumptives'is not exactly a true interpretation of the Persian Gulf War vet regulations-

GWVs can file for direct service connection and/or under 38 USC 1117- stating they had a "chronic qualifying disability" as a presumptive- (the presumptive period for these types of claims is over as of Dec 31,2011.)but that could change-

The presumptives that are defined as 'chronic qualifying disability'must have manifested themselves to a degree of at least 10% in the 'presumptive period which extneds to Dec 31. 2011-and resulted from active duty "in the Southeastern Asia theater of operation during the Persian Gulf War." NVLSP page 171 VBM 2007 edition.

"chronic" is a key factor for these disabilities -as spelled out in the regs-

Also a GWV can claim compendsation for an "undiagnosed illness"as defined in 38 USC 1117, 38 CFR 3.317.

Also in 1998 the General COunsel clarified what an undiagnosed illness is for GWV claims purposes.

(OGC Pre Op # 8-98 (Aug 3, 1998)

As of this date (although there is a bill hopefully that will eventually pass in the House)

no DU,sarin, vaccines,or biohazards have been directly associated with disability in Gulf War veterans.(for VA claims purposes)

The VBM makes this point-"As of the publication date of the 2007 edition of this manual ,the VA has not determined that any disability should be presumed for veterans of the Persian Gulf War." Although much has happened since this VBM came out regarding GWVets-

often it might be easier for them to prove direct service connection than be able to assiate their disability under the "undiagnosed illness" or "qualifying chronic illness" scenario.

Then again the CAVC has held that claims of this type (qualifying Chronic Illnesses and undiagnosed illnesses) can rely on lay statements to support them-

M21-1 also states that other relevant non medical documentation can be used in support of them-(M21-1MR Part IV Subpart ii)

Stankevich V Nicholson and Gutierrez are two CAVC cases that also provide more info-

As long as a veteran can provide to VA the specific evidence they ask for in the VCAA letter- these claims can be awarded.

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