I am writing this statement in support of claim for my asthma contention that is currently on appeals
I would like this claim to be considered as a Presumptive condition related to environmental hazard, Gulf War. "The "Persian Gulf War Veterans' Benefits Act" authorizes VA to compensate any Gulf veteran suffering from a "qualifying chronic disability," resulting from an undiagnosed illness or combination of undiagnosed illnesses, appearing either during active duty in the Southwest Asia theater of operations during the Gulf War, or to a degree of 10 percent or more within a presumptive period following service in the theater. I feel am entitled to this benefit because I was stationed in Oman in 2002 for Operation Enduring Freedom, which is specifically listed under the Southwest Asia of Operations.
Also, when I was denied for asthma on my original claim, the C&P examiner denied me on a direct connect bases and opined that I did not have an asthma condition and that I just suffered from Sinusitis. This is an error because 1) I suffer from both. 2)Both should be presumptive under CFR 38 3.317/ http://ecfr.gpoacces....1.1.4.1.66.115.
My Sinusitis is secondary to my asthma,and I wish to be rated as such. I also submitted a diagnosis of asthma from an IMO with my initial claim, which is a qualifier needed for The "Persian Gulf War Veterans' Benefits Act.
I feel I should be granted for these two contentions because I have no family history of this condition. I am not overweight, I have never used tobacco products of any kind. I believe both conditions are due to these environmental conditions listed above.
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Scout Swimmer
I am writing this statement in support of claim for my asthma contention that is currently on appeals
Edited by TbirdI would like this claim to be considered as a Presumptive condition related to environmental hazard, Gulf War. "The "Persian Gulf War Veterans' Benefits Act" authorizes VA to compensate any Gulf veteran suffering from a "qualifying chronic disability," resulting from an undiagnosed illness or combination of undiagnosed illnesses, appearing either during active duty in the Southwest Asia theater of operations during the Gulf War, or to a degree of 10 percent or more within a presumptive period following service in the theater. I feel am entitled to this benefit because I was stationed in Oman in 2002 for Operation Enduring Freedom, which is specifically listed under the Southwest Asia of Operations.
Also, when I was denied for asthma on my original claim, the C&P examiner denied me on a direct connect bases and opined that I did not have an asthma condition and that I just suffered from Sinusitis. This is an error because 1) I suffer from both. 2)Both should be presumptive under CFR 38 3.317/ http://ecfr.gpoacces....1.1.4.1.66.115.
My Sinusitis is secondary to my asthma,and I wish to be rated as such. I also submitted a diagnosis of asthma from an IMO with my initial claim, which is a qualifier needed for The "Persian Gulf War Veterans' Benefits Act.
I feel I should be granted for these two contentions because I have no family history of this condition. I am not overweight, I have never used tobacco products of any kind. I believe both conditions are due to these environmental conditions listed above.
Thank you for your time and for all you do.
Respectfully Submitted,
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