Ammendments Of Conditions To Persian Gulf Illness

[mags1023]

Hello to all. I have been an active reader of your many posts and they have helped me immensly. I thank you all for taking the time to assist veterans in our attempts to be compensated for the many disabilities that are associated with military service. I recently moved and changed regional offices from Houston to St. Petersburg, FL. When I called the VA 1-800 number the counselor told me what they were showing at the St Pete office and it appeared to me that some of my records/submissions were missing. I decided to write St Pete and identify all of the issues that I was currently working with the VA on. I have a couple under appeal and a couple of claims that are secondary due to medications (NSAIDS) that I have been taking for over 10 years. I also mentioned to them that I was a Persian Gulf Veteran and that maybe some of my conditions should be considered as Persian Gulf Illnesses. When I received a response from St. Pete this week they told me that they were ammending my claim for increase from just DDD to DDD/Persian Gulf Illness and Clavicular Fracture now claimed as Joint Pain Right Shoulder/Persian Gulf Illness.

My questions are:

- These are conditions that I have been medically diagnosed with and I thought Persian Gulf Illness was for medically undiagnosed illnesses.

- I feel like they are setting me up for something bad.

Can anyone enlighten me on if these ammendments are good or bad for me???

Thanks, Pete

[Berta]

Thank you for your service. I think the regulations for Persian Gulf veterans-unless they have basis for direct service connection- are very confusing and intricate-

I have posted here in the past -attempts to clarify what the Persian Presumptive regs mean-available under our main search feature-

Also 38 USC 1117 and 38 CFR 3.317 give the criteria for these presumptive claims.

Do you have a service officer or vet rep helping with your claims?

A PGW vet could have a condition that falls under the pr4esumptive regs and another condition they can file and obtain direct SC for.

In 2001 the VA changed the regs to copmpensate "chronic" disability as found with the GWV regs- as a disability that "cannot be attributed to any known clinical diagnosis."

As NVLSP says- the regs can spur a doctor into deciding on some diagnosis that would not fall under the "undiagnosed " criteria for many disabilities -as within the presumptive regs.

Also you might try to search your conditions and put Gulf War veteran in the BVA search feature and see how the BVA addresses many of these claims.

I dont understand why the VA amended your claim like they did- but it looks to me that you have potential for direct SC and dont have to worry about the frustrating GWV presumptive regs.

As long as you can prove nexus to your service- meaning the link to service via your Service medical records-for inservice injury or event-causing the disability you have now-

and as long as the NSIADS were used for the SC condition-and these meds caused additional documented disability- sounds to me like you have very probative claims.

[mags1023]

Thanks Berta! Yes, the NSIADs I have been taking are for arthritis, DDD, and carpal tunnel which are all service connected. Now I have been diagnosed with gastritis, GERD, Hiatal Hernia, esophageal ulcers, and diverticulitis. I am working with a representative out of Washington, DC who used to be a rating specialist. I am not sure if he wants his name mentioned on here, so I won't mention it. He is very good, but also very busy so I have to do a lot on my own as many of us on this site. I have sent in all of the Dr. reports and my family Dr. submitted a letter stating that the NSIADs are more likely than not to have caused my conditions and that he prescribed them due to my service connected disabilities. I also sent in BVA decisions stating the same and also medical material from the internet. I guess I just have to wait for them to agree with all of it and to give me a rating.

Thanks again and you are sure a loyal participant to this site,

Pete

Thank you for your service. I think the regulations for Persian Gulf veterans-unless they have basis for direct service connection- are very confusing and intricate-

I have posted here in the past -attempts to clarify what the Persian Presumptive regs mean-available under our main search feature-

Also 38 USC 1117 and 38 CFR 3.317 give the criteria for these presumptive claims.

Do you have a service officer or vet rep helping with your claims?

A PGW vet could have a condition that falls under the pr4esumptive regs and another condition they can file and obtain direct SC for.

In 2001 the VA changed the regs to copmpensate "chronic" disability as found with the GWV regs- as a disability that "cannot be attributed to any known clinical diagnosis."

As NVLSP says- the regs can spur a doctor into deciding on some diagnosis that would not fall under the "undiagnosed " criteria for many disabilities -as within the presumptive regs.

Also you might try to search your conditions and put Gulf War veteran in the BVA search feature and see how the BVA addresses many of these claims.

I dont understand why the VA amended your claim like they did- but it looks to me that you have potential for direct SC and dont have to worry about the frustrating GWV presumptive regs.

As long as you can prove nexus to your service- meaning the link to service via your Service medical records-for inservice injury or event-causing the disability you have now-

and as long as the NSIADS were used for the SC condition-and these meds caused additional documented disability- sounds to me like you have very probative claims.

[Berta]

You havent been denied -have you?

And of course with the recent lastest VA fiasco- all of us are concerned about missing stuff-

In my case they just "removed " the good stuff and put it back after they denied- years ago-I won those claims anyhow but my postage bills were high- re-sending it until they read it-

actually the VARO didnt ever read much of it at all but they did read the VACO OGC medical review and could not deny again.(weell they did deny again but I made the General counsel lawyer call them up- he said he raised hell and I got my DIC award.

I am going thru the same thing now-

remanded because they never read any of my AO death claim evidence in over 5 years.

[mags1023]

No, they haven't denied it yet. They are asking for more information, but say they can make a decision in as soon as 30 days. I just had an MRI yesterday, but I am going to send in the VCAA notice tomorrow saying I need more than 30 days. It does seem like they just deny you to see if you'll quit. I look at it like a savings account. I have 2 appeals in already that I am confident that I will eventually win. Just have to put in the time. Does Dr. Bash require payment upfront or does he take out of the back pay??

You havent been denied -have you?

And of course with the recent lastest VA fiasco- all of us are concerned about missing stuff-

In my case they just "removed " the good stuff and put it back after they denied- years ago-I won those claims anyhow but my postage bills were high- re-sending it until they read it-

actually the VARO didnt ever read much of it at all but they did read the VACO OGC medical review and could not deny again.(weell they did deny again but I made the General counsel lawyer call them up- he said he raised hell and I got my DIC award.

I am going thru the same thing now-

remanded because they never read any of my AO death claim evidence in over 5 years.

[Testvet]

He has been known to work out payment plans but not a wait for adjudication it may be years before the VA decides there are other doctors and you may be able to find one locally that can wrote an IMO cheaper just make sure they use the phrases the VA needs more likely than not, as likely as, etc it's all in the buzz words

[mags1023]

Okay, thanks TestVet. That is what I was thinking. I do have my family DR. who has put that my conditions are at least as likely as not related to my military service or due to medications taken for my service connected disabilities.

s/Pete

He has been known to work out payment plans but not a wait for adjudication it may be years before the VA decides there are other doctors and you may be able to find one locally that can wrote an IMO cheaper just make sure they use the phrases the VA needs more likely than not, as likely as, etc it's all in the buzz words