Claim On Gwi, Response From Va

[ntyler0341]

I had filed claims with the VA. Some were new, and some claims were to reopen certain claims. This was almost one year ago. Recently, I received a letter a letter from the VA. It mentions they are still working on my claim, but need more information on GWI.

What do we still need from you?

We need evidence showing that the following conditions existed from military service to present time:

Body rash, joint pains, diarrhea, chest/stomach pains, all due to GWI.

The letter goes on to state.........you have claimed exposure to an environmental hazard based on your service during the GW. We can take no action since you did not claim a specific disability. Tell us your specific disability that resulted from your exposure so we can process your claim.

As you all are aware, this is getting old and very frustrating. I submitted all information I had that listed my symptoms. I was pretty specific filing form 21-4138. I went as far as listing the health effects of my children and how it affects me emotionally.

What else does a guy have to do?

Yes, I had a VSO. She was the one who initially opened this claim. BUT, when I told her I need to file for GWI, I got the deer in the headlights look. Needless to say, I went to this DAV for info on my claim, and was told she quit over a month ago.

I face many obstacles, the biggest being that I live in the most remote place in Western Washington. Im well over 4 hours from a metropolitan area. At this point, I know I need to do what ever needs to be done for this battle.

Any and all thoughts on my next steps will be highly appreciated.

[john999]

Once you file a NOD you can hire a lawyer to help you instead of some chump at the local VSO. Now if you really think you can win on your own without professional help then go for it. I wish I could have hired a lawyer 40 years ago for my original claim. Instead I got stuck with ding bat VSO's that argued my real problem was a personality disorder instead of depression and anxiety. Somehow I got a rating for 10% in spite of my VSO.

John

[63SIERRA]

THEY ARE TRYING TO TRICK YOU, DONT PUT A SPECIFIC DIAGNOSIS., BE VERY GENERAL. iF THEY HAVE A CLINICAL DIAGNOSIS, THATS HOW THEY DENY.

Thats why they are quick to diagnose gulf war vets with sleep apnea.. THEN its a clinical diagnosis, and they deny you. THEY ARE DIRTY!!!!

Time to ask your VSO so questions,. ..

Edited December 3, 2013 by 63SIERRA

[63SIERRA]

on my sleep apnea diagnosis it read.. SLEEP DISTURBANCE, OBSTRCTIVE SLEEP APNEA/. Yet they still denied me.

[Guest]

When I was awarded 100% schedular P & T, my award stated that my condition was permanent in nature. The VA also granted me CH 35 and sent a VA form 21-8760 ADDITIONAL INFORMATION FOR VETERANS WITH SERVICE-CONNECTED PERMANENT AND TOTAL DISABILITY. Which talks about getting a military ID card, dental treatment, Champ VA and other benefits.

[ArNG11]

THEY ARE TRYING TO TRICK YOU, DONT PUT A SPECIFIC DIAGNOSIS., BE VERY GENERAL. iF THEY HAVE A CLINICAL DIAGNOSIS, THATS HOW THEY DENY.

Thats why they are quick to diagnose gulf war vets with sleep apnea.. THEN its a clinical diagnosis, and they deny you. THEY ARE DIRTY!!!!

Time to ask your VSO so questions,. ..

That is my concern on my claim. For my sleep apnea I showed progression where the first study showed sleep disturbances but not enough to diagnose with OSA at that time. Few years later and I got diagnosed and got rx'ed a CPAP. How in the world would a physicain prescribe you medication say for hypothyroidism or GERD, or rhinitis without a diagnosis. The insurance wouldn't cover the RX without a justified diagnosis. Yeah the part of the clinical diagnosis is going to be a booger. But if it has to be disabling to atleast 10 % then how in the world is it not a diagnosible disease or illness. Yeah its a sheep in wolf's clothing. I'm expecting to get denied in the same fashion but I'm in the waiting stage now. Evidence is submitted and registry exam was done. I am somewhat hopeful but I am going to be realistic. In my case they are doing my increase for my back claim and my Gulf claim at once. I am so curious to read their decisions. Maybe I'll get it before the year is out. Probably not, but heh it would make an awesome Xmas gift. I think I will be lucky if I get a decision by the end of the first quarter in 2014.

[63SIERRA]

They dont like to approve back condition claims either, the vamc I go to wont even acknowledge a back problem, yet the FUGTARDS have me on narcotics for the pain.. Back problems rarely get better and usually get worse. also causing other problems. so they try to say anything related to your back problem is a congenitial or developmental defect. I have a load of in service medical records, documenting a back injury, treatment, therapy, and on and on, many sick call slips, and they STILL denied me, and im still fighting them to this day. I believe the VAMC docs are given directives to avoid any non evident diagnosis at all cost. dont go digging , especially for problems that you cannot see easily. They refuse me MRI ..WHY because it would prove my condition. I had to go to an outside doctor, to get a accurate diagnosis. I gave the diagnosis to them. and they tried to blow it off, but im holding my ground on it. I told them if they called bullshit , I would get my doctor on the phone, and let them hash it out....... they retreated.

YOU GOTTA BEAT THEM AT THIER OWN GAME.

Edited December 6, 2013 by 63SIERRA