Its Been A Long Road

[adkins7b]

God been through hell and back twice.. not going to go into details. Brief history 10 years military 6 years honorable and 4 years OTh by admin board for a civilian conviction.

I was not given a c p exam for any of my conditions, my wife has tricare and I have been seeing navy/ civilian phyc docs since seperation.

Here is just some of my medical evidence, my honorable ended 2006. I was still on active duty 2008 had a sleep study done and this is what the front says. I have tried to upgrade it didn't work out. i think they can still use this plus i have conditions like this listed in my honorable period of service.

Mr X came to louisiana sleep diagnostics for an evaluation. He presented complaints of loss of energy, irritability, and short temper, anxiety and depression, trouble concentrating, mood and behavior changes, heavy snoring daytime somnolence, heartburn, dry throat, and an irresistible urge to move his legs while falling asleep, leg jerking, waking feeling partially rested or completely unrefreshed, a deviated septum and heartburn. He is currently using Flonase. His Epworth Sleepines Scale score is 8.

[adkins7b]

Here is my bi-polar nexus letter from my civilian phyctrist that i have been seeing for 2 years.

After reviewing medical records provided by Mr x from his time in service, it apprears to be almost a certainty that symptoms of bipolar disorder, depression, and anxiety started in 2002, during him initial time in the service, related to the increase in security and military activity following the terrorist attacks in 2001.

The nexus letter says symptoms, i just caught that after i was denied but i'm not sure the reason for denial.

Do you think that my claim was filed wrong, what i'm saying is that is says bi-polar with depression, anxiety and paranoid psychosis.

A review of your service treatment records from dec 1, 1999 to may 30 th 2006 are negative for treatment or a diagnosis of bi-polar with depression, anxiety and paranoid psychosis.

I do not have bi-polar in there but I have depression and anxiety issues in there. How can they say there are no records, I picked out the ones sent them via mail, vso, and ebenefits. i was crazy sent everthing 3 times 3 ways.

[Berta]

I will carefully read all this but I think you have started different posts on this issue under different topics and I replied to them and don't remember where those posts were ....one was minutes ago........on the issues of the Chronic presumptives and also the OTH .

[Berta]

To clarify for all here........

VA's reference to 38 USC 1701 in this vet's decision is not the same as the Chronic Presumptive regs I posted this AM for him in another topic here:

This regulation is important and we need to keep in mind that the current war is not over yet and that so far I believe the delimiting date of Dec 16, 2016 shall be used to apply to PGW or GW or OIE/OEF veterans,regarding the last sentence of this USC 1701 regulation below. For VA Benefit purposes......

http://www.publichealth.va.gov/exposures/gulfwar/military-service.asp

“For VA benefit purposes, Gulf War service is active military duty in any of the following areas in the Southwest Asia theater of military operations at any time during the first Gulf War starting August 2, 1990 through the Iraq War. This includes Veterans who served in Operation Iraqi Freedom (2003-2010) and Operation New Dawn (2010-2011).

• Iraq

• Kuwait

• Saudi Arabia

• The neutral zone between Iraq and Saudi Arabia

• Bahrain

• Qatar

• The United Arab Emirates (U.A.E.)

• Oman

• Gulf of Aden

• Gulf of Oman

• Waters of the Persian Gulf, the Arabian Sea, and the Red Sea

• The airspace above these locations “

as noted in this following reg in the vets decision ere in the thumbnail.....

:

(2) before the end of the two-year period beginning on the last day of the Persian Gulf War.

USC › Title 38 › Part II › Chapter 17 › Subchapter I › § 1702

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38 USC § 1702 - Presumptions: psychosis after service in World War II and following periods of war; mental illness after service in the Persian Gulf War

• US Code

• Notes

• Updates

Current through Pub. L. 113-21. (See Public Laws for the current Congress.)

(a) Psychosis.— For the purposes of this chapter, any veteran of World War II, the Korean conflict, the Vietnam era, or the Persian Gulf War who developed an active psychosis

(1) within two years after discharge or release from the active military, naval, or air service, and

(2) before July 26, 1949, in the case of a veteran of World War II, before February 1, 1957, in the case of a veteran of the Korean conflict, before May 8, 1977, in the case of a Vietnam era veteran, or before the end of the two-year period beginning on the last day of the Persian Gulf War, in the case of a veteran of the Persian Gulf War, shall be deemed to have incurred such disability in the active military, naval, or air service.

(b) Mental Illness.— For purposes of this chapter, any veteran of the Persian Gulf War who develops an active mental illness (other than psychosis) shall be deemed to have incurred such disability in the active military, naval, or air service if such veteran develops such disability—

(1) within two years after discharge or release from the active military, naval, or air service; and

(2) before the end of the two-year period beginning on the last day of the Persian Gulf War.

LII has no control over and does not endorse any external Internet site that contains links to or references LII.

( Please correct me on that Dec 16, 2016 date...anyone......I think the date was extended after VA posted the link on the Gulf War vets ,that was the date for VA Benefit purposes.)

[Berta]

Sorry............. date was December 31.2016...... for the GW Presumptives regs... not Dec 16th 2016.

In effort to clarify 38 USC 1701 as compared to the Chronic Presumptives, I think I snafued and fubared it all up the ying yangs....

sorry about that..

[adkins7b]

i'm sorry i look at my content and check the other post, sorry i'm all over the place.. I am really jacked up, and highly medicated most of the time.

Thanks for the help

[john999]

My CUE claim was messed around because the VA changed the regulations on how they rate psychosis and all other mental illnesses between 1972 and 1973. I filed my claim in 1972 under one set of regulations and it was rated under another set in 1973. I never knew that until 40 years later. This goes to rating chronic illnesses.