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Can I File A Claim For Persian Gulf War Syndrome/gwi / Gws?

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supportmyfellowvet

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  • HadIt.com Elder

You can file a claim for anything that is considered a rateable disability.

Getting a Medical Nexus to substantiate a claim is what a vet needs. It does not have to be done first. File the claim to preserve the date. You have a year to submit evidence.

J

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VA technically doesn't recognize a specific Gulf War "syndrome"- they follow guidelines within 38 USC 1117 to determine if the veteran has

a "qualifying chronic disability." and whether this disability was manifested within one year after service in the Gulf War.

"qualifying chronic disabilities" are explained in the regulation in this BVA decision:

http://www.va.gov/vetapp09/files1/0900076.txt

These types of claims trigger a Persian Gulf War Exam.

It is often much easier for a Gulf War veteran to show their disability is directly due to service then to fall into the requirements in 38 USC 1117.

BVA decisions -if you google Gulf War Syndrome at the BVA search feature ( at VA.gov under Board of Veterans Appeals )- show in detail what VA considers as Gulf War illnesses.

I assume your 60 was granted directly due to your service and not presumptive-

has the 60% gotten worse sonce that decision? Are you able to work?

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Hi,Berta

After a much needed brake from all of this, I am in the process of subbmitting claims for, My things related to this GWI-GWS, when I was Over seas I was seen for alot of these things,that is discribed in the GWI-GWS .more then one time and as a matter of fact-lots of times..they sent me to be x-rayed over the stomach problems and breathing issue's that kept me from sleeping for days in a row while serving in the Gulf..Its in My Lost But then Found Service medical Records that The VA kept from me. I through on a search, and it came back home to Hadit. and You were the name that was on the page,-----I had to say Hello, ---and -Thanks for being You..

Macool

rmacool@live.com

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Rick- Hello to you too- and by all means, file the claim if you feel you fall into any GW diseases or disabilities that are still current.

"Its in My Lost But then Found Service medical Records"

If you had claimed any of these Gulf War conditions in the past , which were denied, and yet newly discovered service records have been found- please search here under Newly discovered service records :

and there are other posts that discuss how this part of 38 CFR works.

I hear you on taking a break.I have been a VA claimant for all but a few years during the last 17 years.

VA will probably have my final AO claim done soon.Then I am taking a break too. I am completely exhausted with dealing with the VA.

It sounds like you have some good evidence in your SMRs.

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PS: VA WatchdogToday just posted this link to GWV gastrointestinal problems :

http://www.publichealth.va.gov/exposures/gulfwar/

This is new info.

Also there are 9 fairly new presmptives as to residuals of other GW conditions and thatinfo can be found here and also I did an SVR radio show on them that is I believe available in our SVR archives here.

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The gulf war illness can manifest any time until December 31, 2011 NOT what you stated "this disability was manifested within one year after service in the Gulf War."

You are also wrong in the statement on showing a direct service than doing a claim under section3.317. Over the past few year it is getting better. Those of us who have been working them for the past 14 years are getting them done with no problem.

There are many veterans with 60+ % due to the presumptive of GWI.

VA technically doesn't recognize a specific Gulf War "syndrome"- they follow guidelines within 38 USC 1117 to determine if the veteran has

a "qualifying chronic disability." and whether this disability was manifested within one year after service in the Gulf War.

"qualifying chronic disabilities" are explained in the regulation in this BVA decision:

http://www.va.gov/ve...es1/0900076.txt

These types of claims trigger a Persian Gulf War Exam.

It is often much easier for a Gulf War veteran to show their disability is directly due to service then to fall into the requirements in 38 USC 1117.

BVA decisions -if you google Gulf War Syndrome at the BVA search feature ( at VA.gov under Board of Veterans Appeals )- show in detail what VA considers as Gulf War illnesses.

I assume your 60 was granted directly due to your service and not presumptive-

has the 60% gotten worse sonce that decision? Are you able to work?

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