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Gulf War Guidelines Examination

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pacmanx1

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Introduction

Disability examinations of Gulf War veterans have unique requirements because this group of veterans is eligible for compensation not only for disability due to diagnosed illnesses, but also for disability due to undiagnosed illnesses. An undiagnosed illness is established when findings are present that cannot be attributed to a known, clearly defined diagnosis, after all likely diagnostic possibilities for such abnormalities have been ruled out. Examiners should follow the guidelines in the "Handout of Instructions for Compensation and Pension Examinations" but will also need to request more laboratory tests and specialists' examinations than average in these cases.

Guidelines

1. Thoroughly review the claims file.

2. Address all conditions and symptoms specified on the examination request and also address all additional conditions and symptoms that you can elicit from the veteran during the examination, even if not specified on the request form.

3. Conduct a comprehensive general medical examination, following the AMIE General Medical Examination worksheet. For all conditions and symptoms which the General Medical Examination worksheet does not address in detail, follow the appropriate additional AMIE worksheets, and request specialists' examinations as indicated. Provide details about the onset, frequency, duration, and severity of all complaints and state what precipitates and what relieves them.

4. List all diagnosed conditions and state which symptoms, abnormal physical findings, and abnormal laboratory test results are associated with each. If all symptoms, abnormal physical findings, and abnormal laboratory test results are associated with a diagnosed condition, additional specialist examinations for diagnostic purposes are not needed. Diagnosed conditions will be handled as standard claims for service connection. Symptom-based "diagnoses" such as (but not limited to) myalgia, arthralgia, headache, and diarrhea, are not considered as diagnosed conditions for compensation purposes.

5. However, if there are symptoms, abnormal physical findings, or abnormal laboratory test results that have not been determined to be part of a known clinical diagnosis, further specialist examinations will be required to address these findings.

6. Provide the specialist with all examination reports and test results. Specify the symptoms, abnormal physical findings, and abnormal laboratory test results that have not been attributed to a known clinical diagnosis. Request that the specialist determine which of these, if any, can be attributed in this veteran to a known clinical diagnosis and which, if any, cannot be attributed in this veteran to a known clinical diagnosis.

7. After the specialists' examinations have been completed, and all laboratory test results received, make a final report providing a list of diagnosed conditions. Separately list all symptoms, abnormal physical findings, and abnormal laboratory test results that cannot be attributed to a known clinical diagnosis. Reconcile all differences among the examiners, by consultation or work group as necessary, before the examination is returned to the regional office.

http://www.vba.va.go...ms/disexm25.pdf

As I have posted many times before, I believe that it would be easier if a veteran file claims for specific conditions/disabilities that were diagnosed either in the military or shortly after discharge by a medical physician instead of filing claims for undiagnosed disorders. They both can be service connected but having in-service medical treatment and treatment after service should be a great help. This does not mean that VA will not deny your claims because VA has denied mine and my claims are still at BVA waiting for a decision.

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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What if this type of examination did not happen. Original complaints that were applied for were not addressed. When I brought up the fact that I wanted him to look at all my fingers (because I had stated finger pain) he said he could only look at one (based on the one that got cut during service).

There were so many things that were never mentioned or addressed or allowed to be looked at. This was my initial C&P. As far as I know they hadn't even figured out I was in combat in Iraq (as it took them months to get the verifying information for my PTSD claim). My PTSD exam came much later and came out well. Can I ask for new C&P exams on the initial claim, minus the PTSD?

What do I do? I'm right in between my NOD and appeal time limit!

Draggin'

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It depends on what you filed for. there are guidelines for a gulf war claim that anything the veteran brings up in the C&P has to be addressed. In your case the "duty to assist" may apply. Write your NOD and bring it out in the NOD.

What if this type of examination did not happen. Original complaints that were applied for were not addressed. When I brought up the fact that I wanted him to look at all my fingers (because I had stated finger pain) he said he could only look at one (based on the one that got cut during service).

There were so many things that were never mentioned or addressed or allowed to be looked at. This was my initial C&P. As far as I know they hadn't even figured out I was in combat in Iraq (as it took them months to get the verifying information for my PTSD claim). My PTSD exam came much later and came out well. Can I ask for new C&P exams on the initial claim, minus the PTSD?

What do I do? I'm right in between my NOD and appeal time limit!

Draggin'

James A. Bunker

Executive Director

National Gulf War Resource Center

Phone: 785-925-9887

Email: Do not post your email address.

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