I Need Some Help

[bbknor]

I m ready to file my GWI request for disability. My question is Should I simply put down GWI or GWI and list out the 13 illnesses that affect me or GWI request with more request for the 13 illnesses that affect me.

I think that the request is what makes or breaks one's case in VA decisions. I have most of my documentation. I have none in my SMR because I had ETS'd a week after getting back in country. All the med units were closed as well as the hospitals. I have the reports for the numerous surgerys and office vists over the years and the other unexplanable aches and pains.

So any information will be greatly appreciated. Thanks to all and keep up the fire!

[Pete53]

File the claim with your VARO as soon as you can. I suggest that you ask for GWI illness and support as much as possible with copies of your documentation. Never send an original and if the VA wants an original use a Service Officer to verify and send a copy to VARO and keep your original. They will do it if you ask.

Good Luck

[Berta]

We discussed all this here recently -there is no such thing as "Gulf War Illness" for VA claims purposes-

either you file for direct SC under those regs-or under the "Qualifying Chronic Undiagnosed illnesses" presumptive Persian Gulf War regs. I posted the reg citation -they are all in 38 USCS 1117.

Sometimes they are called CFS or Chronic multisymptom.

You need to take your evidence and meds recs and shape them into the best way to word the claim so that it complies with what VA is looking for.

[Berta]

PS you got some good advise to your Feb 28th post here.

Whatever you can prove had its beginning in service can be service connected directly if you still have a ratable disability from it.

Please go over the info here on Persian Gulf War claims (38USC 1117) and also search some recent GWV decisions.

[timetowinarace]

I m ready to file my GWI request for disability. My question is Should I simply put down GWI or GWI and list out the 13 illnesses that affect me or GWI request with more request for the 13 illnesses that affect me.

I think that the request is what makes or breaks one's case in VA decisions. I have most of my documentation. I have none in my SMR because I had ETS'd a week after getting back in country. All the med units were closed as well as the hospitals. I have the reports for the numerous surgerys and office vists over the years and the other unexplanable aches and pains.

So any information will be greatly appreciated. Thanks to all and keep up the fire!

I think I would word it as a claim for 'Gulf War related undiagnosed illnesses' under the provisions of 38 U.S.C.A.

§§ 1117 & 1118. Include the list of conditions you suffer. Um, 38 C.F.R. § 3.317 could be included.

Something along those lines anyway. I'm afraid just putting down GWI and/or a list of conditions leaves the door to far open for a rater. Most that have gone that route have had poor decisions and lowball ratings, including myself. I think the biggest reason for it is that you are given generic C&P's for each subjective symtom and the examiner simply states there is no clinical findings of each condition. Then they deny each condition that isn't substatiated by the generic C&P's. But including section 1117 in the wording of your claim may make them look at the conditions as a whole or at least they may not dismiss the subjective complaints like headache or joint pain as easy.

[timetowinarace]

Sorry Berta, didn't mean to re-word your post. Your reply was quicker than mine.

This is from the link you posted a few days ago;

On December 27, 2001, President Clinton signed into law the

"Veterans Education and Benefits Expansion Act of 2001."

This legislation amended various provisions of 38 U.S.C.A.

§§ 1117 and 1118, including a complete revision of Section

1117(a), which now provides as follows:

(1) The Secretary may pay compensation under this subchapter

to a Persian Gulf veteran with a qualifying chronic

disability that became manifest- (A) during service on active

duty in the Armed Forces in the Southwest Asia theater of

operations during the Persian Gulf War; or (:P to a degree of

10 percent or more during the presumptive period prescribed

under subsection (B).

(2) For purposes of this subsection, the term 'qualifying

chronic disability' means a chronic disability resulting from

any of the following (or any combination of any of the

following):

(A) An undiagnosed illness.

(B) A medically unexplained chronic multisymptom illness

(such as chronic fatigue syndrome, fibromyalgia, and

irritable bowel syndrome) that is defined by a cluster of

signs or symptoms.

© Any diagnosed illness that the Secretary determines

in regulations prescribed under subsection (d) warrants a

presumption of service-connection.

Section ©(1) of 1117 was amended to change some language

specific to undiagnosed illness, without substantively

changing the provision.

A whole new subsection (g) was added to Section 1117, as

follows:

(g) For purposes of this section, signs or symptoms that may

be a manifestation of an undiagnosed illness or a chronic

multisymptom illness include the following: (1) Fatigue. (2)

Unexplained rashes or other dermatological signs or symptoms.

(3) Headache. (4) Muscle pain. (5) Joint pain. (6)

Neurological signs and symptoms. (7) Neuropsychological signs

or symptoms. (8) Signs or symptoms involving the upper or

lower respiratory system. (9) Sleep disturbances. (10)

Gastrointestinal signs or symptoms. (11) Cardiovascular signs

or symptoms. (12) Abnormal weight loss. (13) Menstrual

disorders.

In addition, 38 U.S.C.A. Section 1118(a) was amended to add a

paragraph including the signs and symptoms of Section 1117(g)

as manifestation of an undiagnosed illness. The effective

dates of all of the cited amendments is March 1, 2002.

See also 66 Fed. Reg. 56,614, 56,615 (Nov. 9, 2001) (to be

codified at 38 C.F.R. § 3.317(a)(1)(i)).

A 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, and disability

out of proportion to physical findings. Chronic

multisymptom illnesses of partially understood etiology and

pathophysiology will not be considered medically

unexplained. See 38 C.F.R. § 3.317(a)(1)(ii).

Furthermore, for the purposes of 38 C.F.R. § 3.317(a)(1),

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. See 38 C.F.R. § 3.317(B).

[bbknor]

Thank you both so much. I have copied out all of the regs and will be using a phrase very similar to timetowinaraces suggestion with the citations. Will be keeping everyone posted.