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Claim On Gwi, Response From Va

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ntyler0341

Question

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.

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This is very true. But it's an adaptive war that we fight now. I think we are at a disadvantage in some respects. However, knowledge is power. You have to use that to your advantage. Never hurts to use their own words against them either. I am even starting to records conversations, they write everything down, so do I, I just use recorded media, however, for it to stick you have to advise them that you are recording if you are ever to use it in a court room. I think it is sad that you have to go to such means just to get fair treatment, and none of that, oh he never told me or he never asked that, or I was not made aware of that. Please have some integrity. In any case always cover your six. Don't get me wrong, there are some good doctors and personnel out there, i just don't meet very many. So far it's been 1 of 6 in the last year. Heh nothing is perfect.

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  • HadIt.com Elder

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.

Unless you are covered by one of the rating longevity clauses, the VA can drag you back in for a C&P, and use that to try to reduce an existing rating, even if the P&T classification exists. The Dental treatment can be useful, but my VA dental clinic is known to be (and in my experience) pull teeth / false teeth happy.

They profess to offer implants, but in practice, forget it.

Edited by Chuck75
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Unless you are covered by one of the rating longevity clauses, the VA can drag you back in for a C&P, and use that to try to reduce an existing rating, even if the P&T classification exists. The Dental treatment can be useful, but my VA dental clinic is known to be (and in my experience) pull teeth / false teeth happy.

They profess to offer implants, but in practice, forget it.

Any rating can be reevaluated if not covered by a longevity clause.

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After reading this how do I proceed?

I have a diagnosis of Fibromyalgia and myophacial pain.

My claim is in the gathering evidence phase.

How should I write a letter letting them know I am associating the Fibromyalgia to the Gulf War Illnesses. I don't want to word it in a way that screws me.

Any suggestions on the content of the letter.

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Currently awaiting my GWI screening at the VAMC. The OEF/OIF clinic has been very supportive and knowledgeable of current programs and processes. Im not counting my eggs before they hatch, just stating I have had above average care thus far.

Screened for several GWI ailments including GERD/IBS, Nuero problems, chronic pain & fibro, joint [ains, dyspepsia and a bad case of salmo in the desert, due to contaminted water sources testing pos for ecoli. Had good corpmans/doc's who ensured all this was noted correctly in my SMR as well. Who knew? Ahhhh... the bennies of not being on a coalition FOB. Dont miss those days at all.

JB

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