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Found A Case Where Copd Was Awarded From Gw Exposures



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"Relevant evidence includes service medical records, VA

outpatient treatment notes and VA examination reports, as

well as lay statements. Service medical records are negative

for diagnosis of either a respiratory disorder, or sleep

disorder, depression, or related mental health diagnosis.

Regarding shortness of breath, the Board-ordered VA

examination for pulmonary disease was conducted in May 2003.

The examiner reviewed the veteran's medical history and his

complaints. His examination yielded a diagnosis of chronic

obstructive pulmonary disease (COPD). The examiner noted

that the veteran also had a long history of smoking and a one

month history of inhaling smoke in the Gulf war. The

examiner opined that it was at least as likely as not that

the COPD was related to the combination of smoking and

exposure to smoke and fumes in the Gulf War. It was thought

to be probable that the already compromised lungs were

aggravated by the smoke and fume exposure in the Gulf War as

described by the veteran."

This case fully explains the GW regs and I am posting this as a new topic in the GW forum , as it plays to remind all, even though the regs are there.

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OOOPs It IS in the GW forum!!!

just to add:

“VA regulations now authorize compensation for

disabilities resulting from the undiagnosed illness of

Persian Gulf veterans. 38 C.F.R. § 3.317, as amended by 62

Fed. Reg. 23, 139 (2001). VA shall pay compensation in

accordance with chapter 11 of title 38, United States Code,

to a Persian Gulf veteran who exhibits objective indications

of chronic disability resulting from an illness or

combination of illnesses manifested by one or more signs or

symptoms, provided that such disability 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 by history, physical examination, and

laboratory tests cannot be attributed to any known clinical


"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.

Signs or symptoms which may be manifestations of undiagnosed

illness include, but are not limited to: fatigue, signs or

symptoms involving skin, headache, muscle pain, joint pain,

neurologic signs or symptoms, neuropsychological signs or

symptoms, signs or symptoms involving the respiratory system

(upper or lower), sleep disturbances, gastrointestinal signs

or symptoms, cardiovascular signs or symptoms, abnormal

weight loss, and menstrual disorders.”

From: http://www.va.gov/vetapp03/Files/0312813.txt

COPD granted due to smoke exposure .

We did a SVR show on the 9 nine additional GWV presumptives on June 16th, 2010 available at

our SVR archives.


Some of these were infectious diseases that could have ratable residuals.

The show started out with just the proposed regulation that was still pending- and discussion- here is the actual regulation which DOES include all Afganistan, Iraq, Gulf War veterans:

Also BVA cases are an excellent source of info as to how VA does apply the GW regs.

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