Help Understanding Presumptive Illness Due To Gwi

[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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[Berta]

In my opinion ( and experience with my husband's disabilities,) VA uses the word " essential" when they either dont know what causes something, or worse yet, they dont want to take the time to find the cause.

Here are many drugs that can cause tremors:

http://www.nlm.nih.gov/medlineplus/ency/article/000765.htm

In my husbanf's case VA said his HBP was "essential".

After he died the VA OGC medical team determined his HPB was not properly treated and contributed to his death .

He had started suffering from documented TIAs ,then a full blown catastrophic stoke and a better diagnosis than "essential"

with appropriate treatment ,might have saved his life.

[Buck52]

I agree with ms Berta, get a new IME/IMO from your Dr or I would recommend you call Dr Bash , also check to see where your SMR's are while you were in desert storm any medical records treatment for your condition will help SC!

sounds like a lot of important medical evidence was left out of your C & P

I believe a NOD is better than a ''Reconsideration'' at this point & its good you filed one just make sure your VSO sends it in.

Edited January 31, 2015 by Buck52