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Hypothetical Claims Question !


SANDMAN

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I'm asking this question because i want to do the right thing . I hear alot about GWS vets being denied benefits for the GW Syndrome and it's related presumtives, ( IBS,GERD, CFS ,Fibromyalgia Etc, etc ).

I have many of the symptons ,they say are related to Gws. My question is this ( ethical ) What are peoples thoughts about claiming these same symptoms as secondary to an already service connected condition.

Instead of a stand alone claim for GWS. Part of my problem is , all of my service / medical records are no where to be found in the system. Whereas i have documentation for the last year from the Va for some of these conditons that can be related to medications .

Sgt Sandman

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  • HadIt.com Elder

When you say that your service medical records are not in the system, which system? The VA or military.

Remember that the VA gets the original file from the military, and supposedly returns it at some future point in time.

(Usually after all claims have been "resolved" and no further VA action is contemplated.)

If the VA manages to loose your file, and you cannot reconstruct it, it's hard times ahead to prove any service connected and compensatible conditions.

(It can be done, just a long drawn out process.)

The VA has behaved so unethically in so many claims that I'd not worry too much about ethics.

I can cite examples of VA behavior and in written RO guideance.

I'm asking this question because i want to do the right thing . I hear alot about GWS vets being denied benefits for the GW Syndrome and it's related presumtives, ( IBS,GERD, CFS ,Fibromyalgia Etc, etc ).

I have many of the symptons ,they say are related to Gws. My question is this ( ethical ) What are peoples thoughts about claiming these same symptoms as secondary to an already service connected condition.

Instead of a stand alone claim for GWS. Part of my problem is , all of my service / medical records are no where to be found in the system. Whereas i have documentation for the last year from the Va for some of these conditons that can be related to medications .

Sgt Sandman

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I'm asking this question because i want to do the right thing . I hear alot about GWS vets being denied benefits for the GW Syndrome and it's related presumtives, ( IBS,GERD, CFS ,Fibromyalgia Etc, etc ).

I have many of the symptons ,they say are related to Gws. My question is this ( ethical ) What are peoples thoughts about claiming these same symptoms as secondary to an already service connected condition.

Instead of a stand alone claim for GWS. Part of my problem is , all of my service / medical records are no where to be found in the system. Whereas i have documentation for the last year from the Va for some of these conditons that can be related to medications .

Sgt Sandman

It is very hard to try to answer a hypothetical question due to the fact that the evidence "must" relate or connect the conditions. Now to try to help you, I filed for GWS but I was denied because I did not deploy, but I have been diagnosed with most to all of the conditions and since my service records show that I had them on active duty, I won my claims and some of them are direct service connected and some of them are secondary service connected but I have been treated every since I was discharged. I also have nexus statements from my doctors that say they are related. I don't see how it could be an ethical problem if a doctor opinioned they are related.

Now saying all that just to say that you will need a doctor's statement (nexus) of his opinion that your condition is cause by or is a result of your already service connected condition and give a medical rationale of how they are related.

Hope This Makes Sense

Hope This Helps

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  • HadIt.com Elder

"all of my service / medical records are no where to be found in the system"

Who's been doing the "looking"? AND, where did they look?

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I have Sent a request to Camp Pendleton and The Marine Corps Archive myself .All i got back was a cd with my DD214 a few of my awards and a couple of leave and earnings statements on it.

The Va sent off for my records also according to my award letter in Aug 09, from Camp Pendleton and another place ( can't remember know ) and i'm not at home to check. They said they were unavailable.

Sgt

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  • HadIt.com Elder

Sandman depending on when you served your records should be in Saint Louis 8000 Page Ave I beleive it had been a decade since I got my records I asked for a compelet copy of all my files before I ever filed a VA claim they sent me my record from 1973-1982 and nothing about my activation for Desert Storm except a DD214 the GW medical records were "lost" yea sure if they were is was done by the GA National Guard when I requested it though they discovered they had never issued a few medals I had coming from GW1 and I got a package in the mail with an ARCOM and a NDSM with a star on it to signify a second award etc and a DD215 with the corrected awards on it so they located some files they had misplaced you have to look in any and all nooks and crannies try the base hospitals where you were treated they may still have some of your records there like lab work xrays etc

if there is a nexus to an already SC issue then claiming an issue as secondary there is nothing unethical about it it is a legitimate claim to make my CAD is secondary to my SC PTSD so is my hypertension now that was a long fight and I had to get a laywer and 4 IMOs to win it

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