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Help Understanding Presumptive Illness Due To Gwi
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dfears
Hello all,
I am currently appealing a decision on a claim. I am a cancer survivor. I was diagnosed with Esophageal Cancer in November of 2013. It was found to be the result of prolonged GERD, which also caused Barrett's Esophagus, Hiatial Hernia and dysphasia. I have since had an Esophagectomy. My entire esophagus was removed in February 2014. I had also gone through Chemotherapy and radiation therapy prior to the procedure. I filed my claim with my local VSO. I retrieved all the necessary documents from my doctors and surgeons. I currently take medications so I can eat that cause side effects that limit my ability to work. My employer has since placed me on long term non paid disability with a future date of administrative termination.
I also filed a claim because I have developed a tremor in my right hand with severe insomnia that my neurologist could not explain. The were able to rule out Parkinson's Disease but have not answer as to why I have the tremors.
The regional office of the VA denied my claim stating there is no evidence I suffered these symptoms during active duty. It was my understanding that it is presumed since I was on the front lines during Desert Shield/Desert Storm. My NOD has been filled out and supposedly sent in my by local VSO.
How do I prove that my illnesses (which are unexplained) are GWI and that they are presumed?
One of my doctors specified in his first DBQ that the cancer, Barrett's Esophagus, hiatial hernia, and dysphasia was a manifestation of the GERD. He has since sent in another DBQ that states he believes my GERD is a direct result of GWI and that the cancer is secondary to the GERD.
Thank you and sorry for the rambling.
David
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