Don't Know What To Claim?

[jet187]

Hello all,

I am getting ready to submit a claim related to Gulf War.

I tried reading the rules & regs on GWI and ended up totally confused as to what to claim for!

Do I claim GWI or Undiagnosed Illness.

I am submitting my Gulf War Registry exam records, 3 visits in 1997.

My complaints were recorded as Bleeding Gums,Joint Pain,Skin Rash,Fatigue & muscle twitching, and 2 prescriptions for the skin rash.I also want to add Asthma,Sleep Apnea & GERD.

I know the presumptives are CFS/Fibro/IBS,which I am not diagnosed for.

The way I was reading it was you could claim CFS/Fibro/IBS if diagnosed,but under the Undiagnosed Illness section it lists Signs or symptoms of a undiagnosed illness include: fatigue,skin symptoms,headaches,muscle pain,joint pain,neurological symptoms,respiratory symptoms,sleep disturbance,GI symptoms,cardivascular symptoms,weight loss, menstrual disorders.

I have the following: the fatigue, skin symptoms,joint pain,neurological symptoms(muscle twitching),respiratory symptoms(Asthma),sleep disturbance(Sleep apnea),GI symptoms(GERD).

I have read that CFS & Fibro have overlapping symptoms of which I have listed.

I am at my wits end trying to understand the regs & rules!

Do I have to be diagnosed with CFS/Fibro/IBS because my conditions overlap to file a claim related to Gulf War or do I submit the claim as undiagnosed illness due to the conditions I have listed?

Any help is much appreciated.

[Gulfvet45]

Where you are wrong is that there is one, you file the claim " headaches due to Gulf War Syndrome" , CFS due to Gulf War Syndrome' memory loss due to Gulf War Syndrome" ect

I have been doing these claim for a long time, and I have help push many of the laws for the veterans.

I

There is no such thing as Gulf War Syndrome for claims purposes but this explains in a little detail ( as other similar BVA decision do) how to develop a claim that falls under these regulations.

Info here on the nine new GWV presumptives - and any GWV should nopt overlook them if they are symptomatic for any of these:

I did a SVR radio show- hopefully here in our SVR archives on these new presumptive too-available under a search here under the SVR show info and I think we covered the confusing and confounding GWV regs there too.

[broncovet]

I would recommend you adding a statement to whatever condition you file for something like this:

I would like to apply for the benefit of Gulf War Syndrome and any and all other conditions that the records show I am eligible for to the maximum extent that Regulations will permit.

IMHO you never want to limit the benefit sought...you are (probably) not a Doctor, and you may not have a doctors diagnosis of all conditions you are seeking.

I read a recent case, that I will try to find, where a Veteran is not competent to diagnose his own illnesses (unless he is a medical professional). You want to avoid the scenario where you apply for depression, for example, and then a doc diagnoses you with bi polar disorder so the VA denies your claim because you dont have the benefit sought, depression, but have bipolar disorder instead. Its one of those "gotcha's" that you want to avoid. By including the statement I put in BOLD, or something similary, you are putting the VA on notice that you are claiming everything that you are eligible for.

By the way, I think the VA is supposed to do the above anyway, that is, to assume the Veteran is seeking the "maximum benefit allowed by law" when he applies for benefits. However, I am here to tell you that in my case, the VA is doing their best to "weasel out" of paying and instead they are claiming that I sought "merely hearing loss" when I said nothing of the kind that I wanted to limit my "benefit sought" to hearing loss.

Edited December 31, 2010 by broncovet