Attn Gulf War Vets Who Have Gwi.

[jbasser]

I have a Friend who served GW1 and has Gulf War Syndrome.

The VA misdiagnosed it as Anklyosing spondyolitis.

His claim was denied and he is has appealed.

I need some exoperiences posted.

Thanks in advance.

J

[Berta]

Jbasser-Gulf War syndrome itself isnt a disability-this decision explains the GW vets regs better than I could- I also have some older posts here on the regs:

http://www.va.gov/vetapp09/files3/0919834.txt

There is a lot of info in all the VBMs too if you have copy-

The vet must have a "qualifying chronic disability" manifested to at least 10% per the time limit in the regs and then 1117 (USC) gives three criteriae in which the vet could fall-disability wise.

The definition of qualifying chronic disability for PGW vets is different than in other types of claims.

Anklyosing spondyolitis- does the vet have any other medical tern for this and is there anything in his SMRs to show he had it in service?

I dont see how that would fit into the 38 USC 1117 regs.

[jbasser]

Berta, he almost all of the conditions listed and there is no known cause.

The Ankylosing Spondylosis was discounted by Xray evidence.

The RO is jerking him around.

He meets the criteria as stated in the regs.

I need to do a little more research.

J

[timetowinarace]

Ankylosing Spondylosis

I don't know what this is. My guess would be that he is going to have to have a medical opinion, either treating physician or IMO, that he does NOT have this condition and that the condition he does have is undiagnosed. He CANNOT be diagnosed with GWI for rating purposes.

If he can show he has an undiagnosed condition with GWI symptoms AND show he has sought treatment for the symptoms in the time frame allowed he has a chance.

A misdiagnoses can cause a GW Vet untold amount of problems still.

The rating I had was for "undiagnosed fatigue". I'd have to look to see if it had a DC.

[kw34]

J,

It is very diffucult if there is a current diagnosis they will most likely deny it. In addition to being dead that was one of the main things when I was denied. I had 90% of the symptoms except I had a diagnosis and in the end the denial was based around that.

Edited September 10, 2009 by kw34 (see edit history)

[pacmanx1]

Ankylosing Spondylosis

I don't know what this is. My guess would be that he is going to have to have a medical opinion, either treating physician or IMO, that he does NOT have this condition and that the condition he does have is undiagnosed. He CANNOT be diagnosed with GWI for rating purposes. If he can show he has an undiagnosed condition with GWI symptoms AND show he has sought treatment for the symptoms in the time frame allowed he has a chance.

A misdiagnoses can cause a GW Vet untold amount of problems still.

The rating I had was for "undiagnosed fatigue". I'd have to look to see if it had a DC.

If the conditions are diagnosed and ratable a veteran can be awarded service connection providing there is a link. Examples: Fibromyalgia 5025, IBS 7319, Depression 9434, and Eczema 7806

I was diagnosed by two VA doctor that I had/have Gulf war syndrome. During the gulf war era I was stationed with special forces and I felt that even though I did not deploy my duties caused me to be contaminated by equipment and personnel. VA denied my claim. Since I was actually diagnosed with eleven of the fourteen conditions, I started filing for the specific conditions and I was awarded service connection for most of them. If you are diagnosed with undiagnosed illness that is what you have to file your claim for. If you are diagnosed with specific conditions that is what you have to file the claims for. They are:

The following are examples of symptoms of an undiagnosed illness: chronic fatigue syndrome, fibromyalgia, skin disorders, headache, muscle pain, joint pain, neurological symptoms, neuropsychological symptoms, symptoms involving the respiratory system, sleep disturbances, gastrointestinal symptoms, cardiovascular symptoms, abnormal weight loss, and menstrual disorders.

I would suggest to find out what he is actually diagnosed and go from there.

Edited September 11, 2009 by pacmanx1 (see edit history)

[Berta]

Did he put all conditions in his claim that would reflect the PGW regs?

http://www.medicinenet.com/ankylosing_spon...tis/article.htm

Ankylosing spondylitis can be caused by genetic or hereditary reasons.

I dont know how they can link this to his service unless it showed up in his service and was aggravated by service?

Then again it can appear later in life but still be genetically related.

It would help if we knew exactly what he claimed and exactly how VA worded the denial.

[jbasser]

Thanks for the replies. I sure he can get some Ideas from reading this. If anyone else has any advice or helpful hints, Feel free to add.

J