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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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vetinpa

Menstual Issues For Gulf War Vets

Question

Does anyone have any information on what is meant by menstrual disorders listed as a presumptive injury with persian gulf veterans. The reason I ask is that I was recently awarded my persian gulf claim but for only a few items listed. They did not address the menstrual issue listed. However, I have a second claim that dates back a few years prior to my gulf war claim for the menstraul long before it became a presumptive injury. It was denied and is on appeal at the BVA, but again this is before the presumptive injury came out and it is on the list. In my case, I have a history in my military record of menstrual issues that started after the gulf, eventually leading into a full hysterectomy at age 35.

Since it is now on the presumptive, what is my chance of the BVA granting it?

Does any one know where there is information on the menstrual issues that is more specific. It is simply listed with no real definition. Does that mean any documented menstrual issue?

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Whatever happened with your hysterectomy claim?  I filed mine a year after your post and here we are, six years later and I appealed the denial and was told if I wasn't in the area where the fires were that it wasn't a true "presumptive".  Now, all these years later and I have to find a gynecologist to write a nexus letter.  Do you know how hard it is to get a doctor you've never seen try to piece together the puzzle of my service record 25 years ago and agree to write a nexus letter?  So much for the "presumptive" part.  I'm really hoping you're there and will tell me how your claim worked out for you and the steps you took.

Edited by Donna Burns

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I haven't done very much research on menstrual disorders, because I am a guy.  You need to focus on the undiagnosed part for any Gulf War Claim.  The condition has to be:  

A:  an undiagnosed illness (within the set of symptoms)

(or)

B:  a diagnosable but medically unexplainable condition.  examples are IBS, Chronic Fatigue Syndrome, Fibromyalgia... 

So are your menstrual issues undiagnosed, or do you have multiple providers who have diagnosed you with different conditions(none of them agree that one specific condition is the cause of your issues).  If your issues are diagnosed and a provider can explain them then you are going to have problems getting gulf war connection.  

I have had test after test for more than 20 years, and every provider says my symptoms are explainable, or diagnosed me with something that the other providers disagree with. C&P examiner said there was nothing wrong with me. I was finally diagnosed with IBS, CFS, and FM, by my local provider, not VA providers.  I was service connected after my provider completed and I submitted DBQ's.

 

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Did you ever follow-through with the claim? If so were you successful. I am in the process of doing this now. 

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I searched around and found the following:

Googled for some info and found some with these sites too: Gulf war vets.com, National Gulf War Resource Center Inc,gulf war vets.com/ubb/ultimatebb.phb?, American Gulf war Veterans Association-VHA Handbook 1303.2, Gulf Registry handbook...

Anyway here is some info I found specific to your questions:

Reproductive Health Problems

Uterus displacement

Heavy bleeding/cramping

Ovarian cysts

Cervical cancer

Sexual problems

Conception problems

Birth defects/congenital disorders

Menopause

Fallopian tube problems

Infertility

Menstrual irregularities

Vaginal infections

these are not inclusive, just one's I found thus far...found some who had partial and total hysterectomy's too... With your post of in service menstrual problems and a total hysterectomy these would seem to be presumptive in the relationship of Gulf War. Did you have your hysterectomy in service? Loss of these reproductive organs could also be a claim here if so in service.

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Hey, thanks for the reply, I had the hysterectomy out of service, but the heavy bleeding, fibroids, had an ovarian cyst drained a few times. I had 5 fibroids the size of oranges, they removed my uterus, appendix and the fibroids, so I guess mine would be a partial hysterectomy, they had to cut me hip to hip because they were too big to do with any other type of surgery. 35 is young for a hysterectomy. As mentioned below, I had issues with heavy bleeding, sometimes months at a time that is documented in my military records. I can make the connection but not sure if the VA will. If you run across anything else, I would appreciate. again thanks for the reply. I am looking as well. Thanks for the information on the loss of reproductive organ, I guess that would be something to pursue if they grant the claim.

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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