onrope Posted December 1, 2014 Share Posted December 1, 2014 My success and thank you for the help. 3 years ago when I first began going to the VA with complaints similar to what I had read from a Gulf War pamphlet. I had no idea where I would be today. The problems had plagued me for years. But I had no idea what they were or that they were related to my service in the Gulf. I had thought that I wasn't that sick. Additionally I felt that there wasn't any thing that could be done anyhow. When I inquired at the VA about Gulf War Illness treatment the desk clerk said I needed to file a claim and handed me the address of the nearest VSO. After speaking with the County VSO she basically told me that I didn't have a claim since I never mentioned it in the service. Too me, this didn't seem right. My frustration mounted. I just wanted to feel better. It was all over my head and too much to digest. Later that year I heard a radio ad for an attorney that specialized in VA claims. I decided to pay a visit to the office and learn more. The attorney explained what I needed to do. And what I would be financially responsible for. It seemed a no lose situation. We filed the necessary paperwork along with my contentions which were primarily fatigue, muscle and joint pain, IBS and headaches. I had also found my way into the Gulf War registry. We covered all the bases there. The doctor also said he felt I was suffering from PTSD. This was due to having a panic attack in front of him. So I also added that contention to my claim the very next day. This all took place in June of this year. From that point forward I spent a lot of time at appointments and travel time going to the hospital for tests, x-rays, evaluations and C&P exams. This all totaled to $650 in travel reimbursement just recently. Additionally I wrote several statements of claim and collected 2 buddy statements. 4 months and 13 days I received a call regarding my claim. The call was to verify dependents. I was also told I had been rated at 80%. Several days later I received the envelope covering my contentions and ratings. I have been rated at 70% PTSD, 30% IBS, 10% tinnitus. 0% hearing loss, 0% fibromyalgia. I was denied for sleep disturbances as it was connected to PTSD and denied for the headaches stating it has not been claimed in my SMR. I am content with my decision. I felt the headaches should have been covered under a presumptive as that they really affect my quality of life. I understand the sleep disturbances being covered under PTSD. I have considered filing a NOD. I feel the Fibro needs to be higher and the headaches need acknowledged as both of these issues affect my life today. But I am also afraid I could jeopardize my other fresh ratings. Thanks everyone who has helped me along the way. Pete53 and Kimmy 2 Link to comment Share on other sites More sharing options...
Computer Tech Posted December 1, 2014 Share Posted December 1, 2014 Congratulations. Rick onrope 1 Link to comment Share on other sites More sharing options...
Notorious Kelly Posted December 1, 2014 Share Posted December 1, 2014 I am glad you didn't follow that lousy VSO's guidance. You should contact her about your success (but not provide any personal info) Congratulations and good on you for fighting to the win! Link to comment Share on other sites More sharing options...
In Memoriam Stretch Posted December 1, 2014 In Memoriam Share Posted December 1, 2014 Congratulations onrope 1 Link to comment Share on other sites More sharing options...
HadIt.com Elder Chuck75 Posted December 1, 2014 HadIt.com Elder Share Posted December 1, 2014 (edited) Congratulations on the win! Getting the VA to do what is "right" is a major accomplishment! Since PTSD is a "mental condition", I'd also be concerned about having to deal with the VA's Fiduciary scheme, and try to avoid it if possible. The vawatchdog web site has quite a lot of information concerning the subject. I's also look into TDIU. It may be that you might now be or may become elgidible. On the surface, as you stated, it looks like the VA has likely under rated (0%) some of the conditions. Headaches might be secondary to an already rated condition, rather than a primary condition. The VA often does not properly consider and rate such things. Edited December 1, 2014 by Chuck75 onrope and NavyWife 2 Link to comment Share on other sites More sharing options...
onrope Posted December 1, 2014 Author Share Posted December 1, 2014 (edited) Thanks. I suspect in a couple of years to be downgraded some on my PTSD. I am undergoing treatment finally but I see the light at the end of the tunnel. I do have a question regarding the presumptives. Since I was denied, if I decide to not file a NOD then the presumptive end in 2016 will I no longer be able to re-file? Also, my 0% fibro was due to not receiving any treatment or meds. The only DX I have received was my C&P exam. So my next appointment with my PCP will be to get on a treatment regimen for it. Should I then just file a NOD? I have posted some additional info here... Edited December 2, 2014 by onrope Link to comment Share on other sites More sharing options...
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