Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Gulf War Exam

Rate this question


ghillbe

Question

i went for an gw exam told the examiner i had problemins sleeping , i have sleep apenia and use a c pap machine ( stopped breathing 117 times in 1 hour) memory loss and headaces along with some pain in my right arm the exiamner claimed i had ptsd. is this normal or do i have other problems? now the va is asking for stressors for my ptsd claim any ideas?

Link to comment
Share on other sites

  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Although many PGW claims can be awarded due to direct service connection depending on the evidence,the PGW so called syndrome claims have many other factors to consider and these claims have to be shaped in such a way as to fall into the specific regs.There is no such thing as Gulf War Syndrome so only a qualifying chronic disability as explained below can generate an award of service connection under the PGW regs (which apply to all Iraq, and Afganistan veterans as well.

http://www4.va.gov/vetapp10/files2/1016056.txt

in part:

"A Persian Gulf Veteran is a Veteran who served on active

military, naval, or air service in the Southwest Asia Theater

of operations during the Persian Gulf War. 38 C.F.R. §

3.317(d). In the present appeal, the Veteran's military

records document that she served in Southwest Asia in support

of Operation Desert Storm from M122 1990 to May 1991, making

her a Persian Gulf Veteran.

Objective indications of chronic disability are described as

either objective medical evidence perceptible to a physician

or other, non-medical indicators that are capable of

independent verification. 38 C.F.R. § 3.317(a)(2). Further,

a chronic disability is one that has existed for 6 months or

more, including disabilities that exhibit intermittent

episodes of improvement and worsening over a 6-month period.

38 C.F.R. § 3.317(a)(3). The 6-month period of chronicity

will be measured from the earliest date on which the

pertinent evidence establishes that the signs or symptoms of

the disability first became manifest. Id.

A qualifying "chronic disability" includes: (A) an

undiagnosed illness, (B) the following medically unexplained

chronic multi symptom illnesses: chronic fatigue syndrome,

fibromyalgia, and irritable bowel syndrome, and any other

illness that the Secretary of VA determines is a medically

unexplained chronic multi-symptom illness; and © any

diagnosed illness that the Secretary determines, in

regulations, warrants a presumption of service connection.

38 U.S.C.A. § 1117(a)(2); 38 C.F.R. § 3.317(a)(2)(i).

Compensation shall not be paid pursuant to 38 C.F.R. §

3.317(a), however, if there is affirmative evidence that an

undiagnosed illness: (1) was not incurred during active

military, naval, or air service in the Southwest Asia theater

of operations during the Persian Gulf War; (2) was caused by

a supervening condition or event that occurred between the

Veteran's most recent departure from active duty in the

Southwest Asia theater of operations during the Persian Gulf

War and the onset of the illness; or (3) is the result of the

Veteran's own willful misconduct or the abuse of alcohol or

drugs. 38 C.F.R. § 3.317©.

In cases where a Veteran applies for service connection under

38 C.F.R. § 3.317 but is found to have a disability

attributable to a known diagnosis, further consideration

under direct service connection provisions of 38 U.S.C.A. §

1110 is nevertheless warranted. See Combee v. Brown, 34 F.3d

1039, 1042 (Fed. Cir. 1994).

The Veteran contends that she has an undiagnosed illness

manifested as chronic muscle fatigue. However, at the

Veteran's most recent VA compensation examination in November

2009, the Veteran's chronic muscle fatigue was diagnosed as

fibromyalgia. Regardless of the characterization of the

disability, the Veteran claims that it is due to her service

in the Southwest Asia Theater of operations during the

Persian Gulf War."

ORDER

Entitlement to service connection for fibromyalgia is

granted.

Also Gulf War veterans need to consider the nine new proposed presumptives as a possible etiology for many symptoms and conditions they could possibly attribute to infectious disease or parasites.While some of these proposed presumptive have very minimal residuals, some are far more serious. There is a link here the the SVR show we did:

http://www.svr-radio.com/archives.html

It is the June 16th 2010 show and any media player should bring the audio to you.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use