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Another Question Rising From "disabilities" Section Of Ebennies Online Claim


chuck57thSig
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Question

The following issues showed up on the "Disabilities" section of the online C&P application. This is all from my application back in the '94. The VA has them listed as ""Not Service Connected". They did not deny they were issues, just said not service connected. That being the case, and most of those issues now being presumptive, is there a way to get "Service connection" and preserve the original date?

Disability Decision Related To Effective Date Status Actions
prostate condition
Not Service-Connected Environmental Hazard in Gulf War
sleep problems, nervous condition,mood swings and memory loss
Not Service-Connected Environmental Hazard in Gulf War
skin sensativity
Not Service-Connected Environmental Hazard in Gulf War
multiple joint pain and muscle spasm
Not Service-Connected Environmental Hazard in Gulf War
irritable bowel syndrome
Not Service-Connected Environmental Hazard in Gulf War
dizziness
Not Service-Connected Environmental Hazard in Gulf War

I know I'm asking a lot of questions, it's just that I have been dealing with these issues a long, long time thinking it was me, or all in my head, and it pi&&es me off that I didn't get what I deserved back then.

Any help is truly appreciated.

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Info here on Gulf War claims:

http://www.benefits.va.gov/COMPENSATION/claims-postservice-gulfwar.asp

and updated VA info here:

http://www.publichealth.va.gov/exposures/gulfwar/medically-unexplained-illness.asp

If these are service connectable, there could be a CUE potential, if they had been at a ratable level when the denial was made.

I forget when IBS was added to the Gulf War illnesses and sometimes a regulation date prohibits SC prior to that date....

I went to the BVA web site and searched under CUE and then added IBS and some claims popped up----

they all seemed to be denials but don't let that discourage you.

I learned plenty from BVA denials on CUE as well as from their CUE awards.

I only looked over the CUE IBS claims.and dont have time this minute to really read them well.


http://www.index.va.gov/search/va/bva.jsp

What prompted VA to mention these older denials?


Do you have a claim pending for TDIU or for something else?

What do you receive the 70% SC for now?

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Thank you for replying Berta,

"If these are service connectable, there could be a CUE potential, if they had been at a ratable level when the denial was made." They were the same "ratable level" they are now. MY problems developed before I got out and over the next several months, but I was raised not to complain and then the military mind set of "suck it up and drive on!" I didn't complain until my first civilian job was going down the drain. Also this "claim" was processed in '94, long before anything was made a presumptive. If there's a way, I'll fight up to the highest level of courts available, to get this back dated as close as possible to 06/1994 like the other things on the claim that were given 0%. I would absolutely love to be able to "Cue" these and be done, but after 20 years of fighting to hold a job as long as possible before having to move to another. I've learned to fight to maintain. I was with one employer for 6 years because I was able to move from position to position under different supervisors, other than that, I've had 24 other jobs in the other 14 years.

I forget when IBS was added to the Gulf War illnesses and sometimes a regulation date prohibits SC prior to that date....

I understand what you're saying, and how the VA may see it, but I figure just because they didn't recognize it as a presumptive doesn't mean I wasn't afflicted with it at a service connectable ratable level before then.

What prompted VA to mention these older denials? Since this is the first time I'm filing on Ebenefits, I kinda thought it was just part of the process. As I went to open a new claim to save the date for future use, it starts by verifying my information, my address, then military history and current pay (N/A), then Disabilities - which had all of this stuff listed available to me so that I could click "Rate increase" or "Add secondary" to anything service connected, or the option to "Reopen" anything "not service connected".
I also had the option to Open a brand new claim. My plan was to sit at that screen until my next diagnosis comes from the VA Rheumatology or the out sourced Gastro guys or both.



Do you have a claim pending for TDIU or for something else? I don't currently have any claims pending.

What do you receive the 70% SC for now? I thought I was filing my first/initial claim 04/30/2014 for PTSD, Depression, and Anxiety. That is the entire 70% for "posttraumatic stress disorder(PTSD) also claimed as anxiety and depression". I really don't remember having filed a claim in '94 unless it was just part of the "Gulf War Exam" process.

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