Food For Consideration On Undiagnosed & Persian Gulf War

[carlie]

The Persian Gulf War Veterans' Benefits Act authorizes VA to compensate any Persian Gulf War Veteran suffering from a

chronic disability resulting from an undiagnosed illness or combination of undiagnosed illnesses that became manifest either during active duty

in the Southwest Asia theater of operations during the Persian Gulf War,

or to a degree of 10 percent or more within a specified presumption period following service in the Southwest Asia theater of operations during the Persian Gulf War.

This statute expands the definition of "qualifying chronic disability" (for service connection) to include not only a disability resulting from an undiagnosed illness as stated in prior law, but also any diagnosed illness that the Secretary determines in regulations warrants a presumption of service connection under 38 U.S.C.A. § 1117(d).

The term "Persian Gulf Veteran" means 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)

(1). A "qualifying chronic disability" means a chronic disability resulting from any of the following (or any combination of any of the following):

an undiagnosed illness;

a medically unexplained chronic multisymptom illness that is defined by a cluster of signs or symptoms;

and any diagnosed illness that the Secretary determines (such as chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome).

38 U.S.C.A. § 1117; 38 C.F.R. § 3.317(a)(1)(i).

Signs or symptoms which may be manifestations of an undiagnosed illness or medically unexplained chronic multisymptom illness include,

but are not limited to,

fatigue,

unexplained rashes or other dermatological signs or symptoms,

headaches,

muscle pain,

joint pain,

neurological signs and symptoms,

neuropsychological signs or symptoms,

signs or symptoms involving the respiratory system (upper or lower),

sleep disturbances,

gastrointestinal signs or symptoms,

cardiovascular signs or symptoms,

abnormal weight loss,

or menstrual disorders.

38 C.F.R. § 3.317(b).

There must be objective indications of chronic disability, and this includes "signs" in the medical sense of objective evidence

perceptible to an examining physician and other, non-medical indicators that are capable of independent verification.

38 C.F.R. § 3.317(a)(3).

A disability is considered chronic if it has existed for six months or more,

even if exhibiting intermittent episodes of improvement and worsening throughout that six-month period. 38 C.F.R. § 3.317(a)(4).

Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service.

Presumptive periods are not intended to limit service connection to diseases so diagnosed when the evidence warrants direct service connection.

/u]The presumptive provisions of the statute and VA regulations implementing them are intended as liberalizations applicable when the evidence would not warrant service connection without their aid. 38 C.F.R. § 3.303(d). ersian Gulf War

[Berta]

Great info Carlie- the whole nine yards on this regulation---

http://www4.va.gov/vetapp10/files1/1011171.txt

This fairly recent BVA case above shows how careful the wording must be on these types of claims due to an undiagnosed illness.

This case below -a very long and detailed remand -also shows how difficult it can be for these claims to be worded in such a way that the Presumptives within 38 SC 1117 can be properly described and supported with evidence.

http://www4.va.gov/vetapp10/files1/1009101.txt

This recent Remand also shows the difficult these veterans are having in giving VA enough information to get a C & P that could reveal they do have a qualified chronic disability.

http://www4.va.gov/vetapp10/files1/1011351.txt

Since many infectious disease such as some of those in the 9 new presumptives could cause fatique , joint pain, confusion, gastrointestinal problems etc, it is imperative for advocates to recognizes any of these new presumptives as a possible etiology for any of a GWV's symptoms.

I thought the question raised last night at SVR under 1151 would be regarding whether GWV,OEF,OIF vets could raise Section 1151 basis if in fact they get a diagnosis of residuals from a new presumptive that they had not been diagnosed with before yet the only etiology for the new diagnosis would be service in SouthEast Asia. An interesting thought-

I saw a malaria claim denied at the BVA the other day but the veteran's symptoms and liver function tests etc revealed -in my opinion- that he could have had residuals from Campylobacter jejuni.

VA doesnt recognize any negative health affects from DU or exposure to the burn pits but maybe now they have recognized the most prevalent cause of Gulf War illnesses-parasitic and water,insect, and airborne infections.

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[dwragon]

I got out in 98, filed alll or most of my claims within the one year of discharge (some at 15 months due to a late Perian Gulf Registry examination that was requested six months after discharge.). The va denied all of my claiims even though the evidence from my SMR showed that the symptomology first appeared while I was still in Saudia Rabia. When the law changed, the va did not bother to reconsider the claims. When Shinski announced the reconsideration of the claims earlier this year, they still refused to consider them.

[Quint7]

I don't really know if it's relevant, but I thought that I would put a few of the things that I remember as "out of the ordinary" from my time in country (Aug 12th 1990- March 24th 1991 including being in the first wave of Task Force Ripper going into Kuwait on G Day).

Bugs, etc......

giant ants, scorpions, snakes and lizards. Many poisonous as hell. When you slept (outside on the ground for us Jarheads) who knows what crawled over you and may have bitten you. Camels were frequently encountered and they had ticks the size of silver dollars on them. Guys would "pet" them, etc. and a few I saw even drank camel milk straight out of the camel. Bedouins drank this regularly but every guy I saw try it puked immediately.

Insecticides.....

they gave us any and everything that they could get their hands on to kill bugs. From sprays that even said on the label that they were not approved for sale or use in California (where we had been based at) to tins that looked like shoe polish tins but when you opened them flies literally fell out of the air dead when they got within a few feet of them. These were HIGHLY sought after.

Garbage pits.....

We were originally ordered to dig pits and burn our garbage. I can't remember how long we did this, I think that someone realized it wasn't very smart tactically to have garbage pits burning and smoking when you are supposed to be camouflaged as much as possible (we weren't allowed out from under the cammie nets unless it was to go to a meeting, patrol, be on watch or get food (when we got hot food) or use a ummmmm... slit trench. I don't know who the troops were that you see playing football etc. but it sure wasn't guys from the 7th MEB. LOL

Shots and pills.....

who knows what they were, we got so many. All of them had releases stating that they were NOT FDA approved. A few guys tried not taking the pills. They gave in after some "convincing" involving a shovel and a hole in the ground that hadn't been dug yet.

Food....

we rarely got hot chow, especially in the first few months. Sometimes someone would make a run to somewhere with a base of some kind and we got local Saudi foods and drinks (mango and banana flavored milk drink boxes... ugh.)

Clothing...

or the lack thereof. We were lucky to have 2 pairs of trousers and blouses in my unit the entire time we were there. Washing them was a pointless effort and wasted water.

I could probably think of more stuff but I really try not to. My unit was deployed in the field from 2 days after we arrived until we got on a plane back home. I would imagine that the units that were stationed in the rear were exposed to other stuff such as trucks with massive bug fumigators, stray dogs (they seemed to be everywhere when I made it to a base), etc. I have no idea if any of this causes problems, I know stomach/digestive issues are a common problem among the few guys I still talk to from my platoon. Unfortunately I am sure that we will end up like the Vietnam vets, with no specifics ever discovered and VA eventually just adding ailments as SC over the years like they did with AO.