Persian Gulf Illness Claim Approved

[vetinpa]

I got a letter from the DAV that stated that my increase was approved, however I have not gotten anything from the VA yet. When I spoke to the DAV, they said that it could be 3 days to 14 days. The Va will not tell me a thing. Money is really tight, has anyone had this situation. How long did you wait for retro pay? How long did it take the VA to act?? any help is appreciated. thanks

dav letter is dated 2/3/11

[Troy Spurlock]

Got my brown envelope today, of course they said that this increase is not permanent, so they will do a future reveiw, I don't see how they expect it to get better, the fibromyalgia has been getting worse and worse and what has caused me to seek treatment. I guess I will just have to keep the documentation on treatment and continue to treat as needed. They don't live me my daily pain and fatigue.

The VA always includes the statement that the rating isn't considered permanent. You can submit a NOD making it perfectly clear that medical literature clearly states that FMS is a chronic lifelong condition that doesn't "improve" over time. Sure, you'll have your ups and downs but FMS is by definition "chronic" and incurable.

Regarding your previous response (sorry for the delay in reply), my 100% took 10 years to get to. I first started at 20%, then it went to 40%, then 60%, then 80%, then 90%, and than after wining a BVA appeal that took 5 years to get there...100%.

I have at least 12-15 documented service connected conditions of various rating %, and as you know the VA uses a combined rating schedule; otherwise if you added everything up normally I would be somewhere around 200% SC, as many of us would be.

If you have a diagnosis for IBS and you're not rated separately for it, I would NOD it and get it rated separately. That was one of the issues I won at the BVA.

T.S.

[Gunner9835]

VetinPA - Thanks for the info. Been trying to find a good VSO here in Philly, so I'm gonna give the VFW the ball now. I've been a Life Member of the VFW since 1991, so we'll see. I'm stuck in the VA Black Hole right now, but your case gives me some hope!

[vetinpa]

This is how they worded it: Fibromyalgia, with fatigue and sleep disturbance, and gastroesophageal reflux disorder, claimed as muscle and joint pain, stomach issues, persian gulf illness.

They gave me 40% on this. I have a seperate claim that was filed two years before this one for menstrual disorder, I ended up with a hysterectomy before age 40, history in military records, this is a presumptive for persian gulf. Waiting on it to get certified to go to the VBA.

Any thoughts on any of this?

I have an appt this thursday, hopefully I can get these meds straight, I am having a hell of a time sleeping, I am up every two hours, makes it hell for work the next day, I am having a hard time in the afternoon, moody, tired, falling asleep at my computer. Not real sure how long I can keep this up.

Any advice would be helpful.

[vetinpa]

The VA always includes the statement that the rating isn't considered permanent. You can submit a NOD making it perfectly clear that medical literature clearly states that FMS is a chronic lifelong condition that doesn't "improve" over time. Sure, you'll have your ups and downs but FMS is by definition "chronic" and incurable.

Regarding your previous response (sorry for the delay in reply), my 100% took 10 years to get to. I first started at 20%, then it went to 40%, then 60%, then 80%, then 90%, and than after wining a BVA appeal that took 5 years to get there...100%.

I have at least 12-15 documented service connected conditions of various rating %, and as you know the VA uses a combined rating schedule; otherwise if you added everything up normally I would be somewhere around 200% SC, as many of us would be.

If you have a diagnosis for IBS and you're not rated separately for it, I would NOD it and get it rated separately. That was one of the issues I won at the BVA.

T.S.

Thanks I will look into filing the NOD to make it permanent.

Also, see above, I meant to post my post that says how they worded it here.

[carlie]

They gave me 40% on this. I have a seperate claim that was filed two years before this one for menstrual disorder,

I ended up with a hysterectomy before age 40, history in military records, this is a presumptive for persian gulf.

Waiting on it to get certified to go to the VBA.

vetinpa,

Do you have a link for the above showing the "presumptive" you are referring to ?

[Guest]

Gulf War Veterans' Illnesses: Illnesses Associated with Gulf War Service

VA has recognized that certain health problems for Gulf War Veterans are associated with Gulf War service or military service. These Veterans may be eligible for disability compensation and health care for these illnesses. Surviving spouses, children and dependent parents of Gulf War Veterans who died as the result of illnesses associated with Gulf War service may be eligible for survivors' benefits.

For the purposes of these benefits, Gulf War Veterans are Veterans who served on active duty in the Southwest Asia theater of operations any time during the first Gulf War starting August 2, 1990 through the current conflict in Iraq. This includes Veterans who served in Operation Iraqi Freedom (2003-2010) and Operation New Dawn (2010 and continuing).

Illnesses that are associated with Gulf War service include:

• Medically Unexplained Chronic Multi-symptom Illnesses
• Infectious Diseases
• Amyotrophic Lateral Sclerosis (ALS)
• Continuing Research on Health Effects of Gulf War Service Medically Unexplained Chronic Multi-symptom Illnesses
  
  
  
  Gulf War Veterans have reported a variety of medically unexplained symptoms, such as fatigue, headache, joint pains, sleep disturbances and memory problems since serving in the Gulf. VA presumes certain medically unexplained symptoms existing for six months or more are associated with military service in the Gulf. The illnesses must have appeared during active duty in the Southwest Asia theater of operations or by December 31, 2011, and be at least 10 percent disabling.
  
  Illnesses include medically unexplained multi-symptom illnesses that have existed for six months or more, such as:
  
  
  • Chronic fatigue syndrome (learn more about symptoms)
  • Fibromyalgia
  • Irritable bowel syndrome
  • Undiagnosed illnesses with symptoms that may include but are not limited to: abnormal weight loss, cardiovascular symptoms, fatigues, gastrointestinal symptoms, headache, joint pain, menstrual disorders, muscle pain, neurologic symptoms, neuropsychological symptoms, skin conditions, upper and lower respiratory system symptoms, and sleep disturbances

  VA is revising the regulation for medically unexplained chronic multi-symptom illnesses to specify that functional gastrointestinal disorders (FGIDs) are covered in the presumption. Recent research has identified FGIDs, including irritable bowel syndrome and functional dyspepsia, as prevalent illnesses among Gulf War Veterans. Eligible Veterans may receive health care and disability compensation for these disorders when the proposed regulation* is final.

  Infectious Diseases

  VA recognizes the following infectious diseases as related to military service in Southwest Asia during the first Gulf War starting August 2, 1990, through the conflict in Iraq and on or after September 19, 2001, in Afghanistan:

  [*]Brucellosis[*]Campylobacter jejuni[*]Coxiella burnetii (Q fever)[*]Malaria[*]Mycobacterium tuberculosis[*]Nontyphoid Salmonella[*]Shigella[*]Visceral leishmaniasis[*]West Nile virus

  Veterans must have the diseases within a certain time after service and have a current disability as a result of that disease in order to receive health care and disability compensation for the diseases. Learn more about <a href="http://www.publichealth.va.gov/exposures/gulfwar/infectious_diseases.asp" target="_self">infectious disease time limits and symptoms.

  Of course it does not specify what type of menstrual disorder and this is the closest thing I could find that would allude to be stating "presumptive".

  http://www.publichea...d_illnesses.asp

Edited April 6, 2011 by pete992