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Trying To Assist A Gulf War Vet With His New Claims

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halos2

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While talking with this highly decorated GW vet, found out he has many S/S of Gulf War syndrome. We spoke about uranium and he said he has pics of him with casings...OMG these young 18 yr olds slept on them while awaiting time to shoot the missles and topedoes off!! Plus the Ageis Cruiser Ship was sunk a few years ago...It was only about 18 years old!! Billions of dollars to build this ship, the finest in the Navy and sunk!!

Could it be some sort of cover up??

This man has been suffering all these years, and now has been getting jacked around by the VARO too! Surprised? Not me. Yes he previously registered for the Gulf War Registry years ago. Was led to believe he has to suck it up. Almost leary to put the name of the ship here, however google what ageis ship was sunk and you can find it yourself.

Yes he filled 3-4 yrs ago and has heard nothing...yes he has a VSO and emails indicated his papers were filed yrs ago...

Seems as though no one is progressing with his claims. He called and found out they couldn't find his claim info and he resent ir certified and the following year they still said they had no info of him filling...VSO said don't worry they will have to go back to time originally filed...but he wants and needs tx now!!

A little scarey thinking about what complications and conditions he might have. He is a very bright young man but his body is deteriorating. Vision problems,as well as hearing, tinnitus, numerous ear infections, as well as ptsd, and skin conditions are amongst some of the other issues. Too numerous to list also lethargy, and severe joint pain.

More insite to leading him to the correct path are much appreciated too.

Any Gulf War Vets who are more familiar with claims of this nature?

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Would need to know more about his conditions/disabilities. Also would need to know how he filed his claims, did he file his claims as undiagnosed illnesses or did he file specific claims and have evidence in his SMRs and current treatment records. There are major differences in how a person should claim GWS, I hope this thread may help.

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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This is everything I have on GWI. I would strongly suggest spending a lot of time reviewing the symptoms I am posting here. My problems started as jumble of quirks and minor bugs, then grew into a definite pattern. The three main illnesses are Chronic Fatigue Syndrome, Fibromyalgia, and Irritable Bowel Syndrome. I have all three, but at this time I am only service-connected for CFS @ 60%.

Another thing to strongly consider is a hair analysis. You can get them done over the internet and they are pretty cheap too. My hair test came back hot for uranium, and this is after YEARS of very heavy detoxification routines such as multiple chelation therapies, chlorella & spirulina, intestinal & parasite cleansing, and a ton of other stuff.

Feel free to message me if you have any questions, and good luck.

*********************************************

Title 38 laws on Chronic Fatigue, Fibromyalgia, Irritable Bowel Syndrome (unexplained illnesses)

http://www.warms.vba.va.gov/regs/38CFR/BOOKB/PART3/S3_317.DOC

or,

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?type=simple;c=ecfr;cc=ecfr;sid=89bb312d6d613680e34d4df4625d7f3b;region=DIV1;q1=gulf%20war;rgn=div8;view=text;idno=38;node=38%3A1.0.1.1

§ 3.317 Compensation for certain disabilities due to undiagnosed illnesses.

(a)(1) Except as provided in paragraph © of this section, VA will pay compensation in accordance with chapter 11 of title 38, United States Code, to a Persian Gulf veteran who exhibits objective indications of a qualifying chronic disability, provided that such disability:

(i) Became manifest either during active military, naval, or air service in the Southwest Asia theater of operations during the Persian Gulf War, or to a degree of 10 percent or more not later than December 31, 2006; and

(ii) By history, physical examination, and laboratory tests cannot be attributed to any known clinical diagnosis.

(2)(i) For purposes of this section, a qualifying chronic disability means a chronic disability resulting from any of the following (or any combination of the following):

(A) An undiagnosed illness;

(B) The following medically unexplained chronic multisymptom illnesses that are defined by a cluster of signs or symptoms:

(1) Chronic fatigue syndrome;

(2) Fibromyalgia;

(3) Irritable bowel syndrome; or

(4) Any other illness that the Secretary determines meets the criteria in paragraph (a)(2)(ii) of this section for a medically unexplained chronic multisymptom illness; or

© Any diagnosed illness that the Secretary determines in regulations prescribed under 38 U.S.C. 1117(d) warrants a presumption of service-connection.

(ii) For purposes of this section, the term medically unexplained chronic multisymptom illness means a diagnosed illness without conclusive pathophysiology or etiology, that is characterized by overlapping symptoms and signs and has features such as fatigue, pain, disability out of proportion to physical findings, and inconsistent demonstration of laboratory abnormalities. Chronic multisymptom illnesses of partially understood etiology and pathophysiology will not be considered medically unexplained.

(3) For purposes of this section, “objective indications of chronic disability” include both “signs,” in the medical sense of objective evidence perceptible to an examining physician, and other, non-medical indicators that are capable of independent verification.

(4) For purposes of this section, disabilities that have existed for 6 months or more and disabilities that exhibit intermittent episodes of improvement and worsening over a 6-month period will be considered chronic. 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.

(5) A chronic disability resulting from an undiagnosed illness referred to in this section shall be rated using evaluation criteria from part 4 of this chapter for a disease or injury in which the functions affected, anatomical localization, or symptomatology are similar.

(6) A disability referred to in this section shall be considered service connected for purposes of all laws of the United States.

(b) For the purposes of paragraph (a)(1) of this section, signs or symptoms which may be manifestations of undiagnosed illness or medically unexplained chronic multisymptom illness include, but are not limited to:

(1) Fatigue

(2) Signs or symptoms involving skin

(3) Headache

(4) Muscle pain

(5) Joint pain

(6) Neurologic signs or symptoms

(7) Neuropsychological signs or symptoms

(8) Signs or symptoms involving the respiratory system (upper or lower)

(9) Sleep disturbances

(10) Gastrointestinal signs or symptoms

(11) Cardiovascular signs or symptoms

(12) Abnormal weight loss

(13) Menstrual disorders.

© Compensation shall not be paid under this section:

(1) If there is affirmative evidence that an undiagnosed illness was not incurred during active military, naval, or air service in the Southwest Asia theater of operations during the Persian Gulf War; or

(2) If there is affirmative evidence that an undiagnosed illness 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) If there is affirmative evidence that the illness is the result of the veteran's own willful misconduct or the abuse of alcohol or drugs.

(d) For purposes of this section:

(1) 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.

(2) The Southwest Asia theater of operations includes Iraq, Kuwait, Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Sea, and the airspace above these locations.

(Authority: 38 U.S.C. 1117)

[60 FR 6665, Feb. 3, 1995, as amended at 62 FR 23139, Apr. 29, 1997; 66 FR 56615, Nov. 9, 2001; 68 FR 34541, June 10, 2003]

_______________________________________________________________________________________________

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?type=simple;c=ecfr;cc=ecfr;sid=89bb312d6d613680e34d4df4625d7f3b;region=DIV1;q1=gulf%20war;rgn=div8;view=text;idno=38;node=38%3A1.0.1.1

§ 4.88a Chronic fatigue syndrome.

(a) For VA purposes, the diagnosis of chronic fatigue syndrome requires:

(1) new onset of debilitating fatigue severe enough to reduce daily activity to less than 50 percent of the usual level for at least six months; and

(2) the exclusion, by history, physical examination, and laboratory tests, of all other clinical conditions that may produce similar symptoms; and

(3) six or more of the following:

(i) acute onset of the condition,

(ii) low grade fever,

(iii) nonexudative pharyngitis,

(iv) palpable or tender cervical or axillary lymph nodes,

(v) generalized muscle aches or weakness,

(vi) fatigue lasting 24 hours or longer after exercise,

(vii) headaches (of a type, severity, or pattern that is different from headaches in the pre-morbid state),

(viii) migratory joint pains,

(ix) neuropsychologic symptoms,

(x) sleep disturbance.

(b) [Reserved]

[59 FR 60902, Nov. 29, 1994]

6354 Chronic Fatigue Syndrome (CFS):

Debilitating fatigue, cognitive impairments (such as inability to

concentrate, forgetfulness, confusion), or a combination of other

signs and symptoms:

Which are nearly constant and so severe as to restrict

routine daily activities almost completely and which

may occasionally preclude self-care....................100

Which are nearly constant and restrict routine daily

activities to less than 50 percent of the pre-illness

level, or; which wax and wane, resulting in periods of

incapacitation of at least six weeks total duration

per year...........................................................60

Which are nearly constant and restrict routine daily

activities to 50 to 75 percent of the pre-illness

level, or; which wax and wane, resulting in periods of

incapacitation of at least four but less than six

weeks total duration per year..............................40

Which are nearly constant and restrict routine daily

activities by less than 25 percent of the pre-illness

level, or; which wax and wane, resulting in periods of

incapacitation of at least two but less than four

weeks total duration per year..............................20

Which wax and wane but result in periods of

incapacitation of at least one but less than two weeks

total duration per year, or; symptoms controlled by

continuous medication........................................10

Note: For the purpose of evaluating this disability, the condition

will be considered incapacitating only while it requires bed rest

and treatment by a physician.

<br style=""> <br style="">

5025 Fibromyalgia (fibrositis, primary fibromyalgia syndrome)

With widespread musculoskeletal pain and tender points, with

or without associated fatigue, sleep disturbance, stiffness,

paresthesias, headache, irritable bowel symptoms, depression,

anxiety, or Raynaud's-like symptoms:<br style=""> <br style="">

That are constant, or nearly so, and refractory to therapy.. 40

That are episodic, with exacerbations often precipitated by

environmental or emotional stress or by overexertion, but

that are present more than one-third of the time...........20

That require continuous medication for control.............. 10<br style=""> <br style="">

Note: Widespread pain means pain in both the left and right

sides of the body, that is both above and below the waist,

and that affects both the axial skeleton (i.e., cervical

spine, anterior chest, thoracic spine, or low back) and the

extremities.

7319 Irritable colon syndrome (spastic colitis, mucous colitis, etc.):

Severe; diarrhea, or alternating diarrhea and constipation, with more

or less constant abdominal distress………………………………………… 30

Moderate; frequent episodes of bowel disturbance with abdominal

distress………………………………………………………………………………………. 10

Mild, disturbances of bowel function with occasional episodes of

abdominal distress…………………………………………………………………….. 0

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He needs to get copy of his file ( to make sure the claim is there),as well as his SMRs and his complete medical records.

Dont forget they added 9 new presumptives for GWVs too.

I did a show at SVR archives available through the hadit SVR link on the new presumptives and they are in our Gulf War forum.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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LarryJ posted them -they are proposed regs and I dont know if they are the law yet but vets can file under these proposed regs at any time.

The show was on June 16th and is here:

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

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Thank you all for the valuable information you have all posted here for this young man. I will pass theis on to him. I am so greatful for the outpooring of helpful information all of you share with me and others to help them receive proper treatment for their injuries/illinesses. Kudos sent out to all my great vet friends!!

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