Gwi Approved, Migraines Denied

[SincityCJ]

Hello All,

Here's the background on the claim for fellow GWI vets, and some questions...

I recently received the approval on the first claim for GWI, awarded 30%.

This was an FDC that I filed with assistance of a VSO, so there were likely some errors made in the initial application. (I hadn't found this site yet and have since learned the error of my ways...) But at the end of the day it's a win, with 2 1/2 yrs of retro. No big payday though, as I have to pay back a tidy little sum of SSB from 20 yrs ago.

VERBATIM from the Decision Letter:

"Gulf War undiagnosed illness to include dizziness,short term memory loss, impaired gait, loss of balance and tingling in legs"

I quietly rejoice every time I read that part of the letter as it validates, at least for me, that I was not crazy for the years that I have sought help for these issues. So if you are reading this and you are struggling, it is frustrating but please do not give up!

So here's my questions:

• Based on the above, do you think this a lowball award?
• Is the VA using individual contentions/issues/symptoms to rate GWI awards?
• Should I file an appeal for this claim? I'm torn on this one...

I have the good fortune to receive health care through work so this was all after several years worth of chasing civilian Dr's, diagnosis, ,testing , etc... In the end I had two Neurologists provide the same opinion...undiagnosed neurological condition. One of them broke out the headaches as a separate diagnosis of Migraines. As stated in the title, they denied the contention of Migraines. Considering this

From the Decision Letter:

Service connection for migraines is denied since this condition neither occurred in nor was caused by the service. The evidence does not show an event,disease or injury in service. We did not find a link between your medical condition and military service.

I intend to appeal this decision since headaches are listed as part of GWI, all of the symptoms are related and linked in how they occur. In the process of getting C file, and results from C&Ps that were conducted for these decisions and trying to formulate sound basis for the appeals.

Questions:

• Any similar experiences, i.e. awarding multiple symptoms for GWI and denying another?
• I have two other issues that are about ready for the FDC process. One is secondary ( kidney) one is primary (joint pain). Should I file these first, then the NOD for these decisions?

Thanks for the advice and help!

[onrope]

Congrats on your 30%.

As for the migraines, the issue I see is it's denied because migraines are a diagnosed problem and it does not fall under 3.17 as an undiagnosed illness.

FWIW I too have horrible migraines and was denied. I normally notice them whenever my Fibro gets worse. I am considering filing migraines secondary to the Fibro.

[rootbeer22]

On rope:

Went in for my GWI CP Exam and the doctor rarely made eye contact with me...so I'm not too confident of the outcome...had a few GWI issues that were confirmed but not enough to give me the nod? There was a mistake and I could not go on the registry until this week so I think that's what made the difference...anyway...I should know soon about my entire FDC Claim so we'll see how it turns out...anyway good luck and you'll get it on the next go round...

[Guest]

I am not really sure what you are actually rated for because I do not think GWI has a specific rating. So What is your 30% listed under? Keep in mind that VA is Notorious for This statement,

From the Decision Letter:

Service connection for xxxxxx is denied since this condition neither occurred in nor was caused by the service. The evidence does not show an event,disease or injury in service. We did not find a link between your medical condition and military service.

In your particular case it is migraines but this may or may not be true. If you have SMRs that prove you had headaches or any other disorder while still on active duty, you can file a claim as military related/Gulf War related or you can file a claim based on in directly service related. It really depends on what is in your service medical records. VA loves to say that a veteran did not have a condition where the condition was listed in the veterans' SMRs but VA refuse to accept that/those condition(s) as chronic. Also never file a claim for a secondary condition if the primary condition is not already service connected. If you file a claim for secondary condition to a pending primary condition this will allow VA to deny both claims at the same time since neither are service connected.

[k5one]

Look into the Chronic Fatigue Syndrome, Fibromyalgia. Are you having pain or fatigue.

Headaches can be rated secondary to Fibromyalgia, if you get a fibromyalgia diagnosis.

I'm not sure of your symptoms, but "dizziness,short term memory loss, impaired gait, loss of balance and tingling in legs" could be related to Fibro or CFS.

It could also be related to ALS. I don't know your history or what all of your symptoms are. Just a couple of thoughts that may help you.

If you get a diagnosis for CFS or FYbromyalgia, get the Physician to complete a DBQ.

Also I recommend reading appeals decisions. Reading them helped me understand the process, and the evidence needed to win. http://www.index.va.gov/search/va/bva.jsp

[SincityCJ]

Onrope:

I kinda figured as much about the denial after digging around. I'm also considering the secondary as the migraine DX is in the records...can't undo that...So are you planning on reopening your original claim for migraines and submitting new evidence linking it as a secondary to Fibro?

K51:

I am checking into both CFS and Fibro...as you probably know some symptoms overlap. I initially filed for the "undiagnosed neurological condition" and the migraines as I had comprehensive treatment records for those issues. VSO advised the FDC route so I held off on the joint pain, fatigue and IBS since they may have been deemed incomplete per the FDC process. Since they occur regularly, I'm now working on the documents to add those conditions also. (I was kinda late to the game, so to speak, as I sought treatment for all the above symptoms separately over the course of many years. DUH...i didn't connect it all...my mistake...just wanted to get well again )

So my thought process now is since the GWI is SC'd, ask for an increase (with documentation of the later mentioned conditions, of course). I just don't know exactly to do that...file the NOD with the info added? or file them as separate new claims, then request the increase?

Further complicating matters has been an acute onset of kidney disease last year that has added a new problem to be dealt with.

pete992:

The decision letter states exactly as I posted above, Gulf War undiagnosed Illness, then lists the symptoms. I don't have my C file yet, but I'm hopeful that will shed some light on it. IDK if they rated the issues independently to come up with the 30%? or if they are using the ol' magic 8 ball again????

I have been unable to locate anything in CFR's for rating GWI specifically...I don't believe such a schedule exists, but I just don't know for sure.

So that leaves me in a bind....how do I connect a secondary to an undiagnosed illness?

Thank you for the input folks...very much appreciated!

[k5one]

Keep in mind that CFS can be rated at 100%, without any other issues, if it is serious enough. Fibro can be rated max 40% and IBS max 30%. If you have the symptoms, get a diagnosis for CFS. Get a DBQ for CFS along with an opinion that it is related to your service, and submit an FDC. You are already service connected for some of the symptoms, so It shouldn't be difficult to get everything else connected.

My physician diagnosed me with CFS, Fibro, and IBS after thorough testing. I submitted everything together, and am waiting. I didn't know what I was doing originally so my claim was denied. Now I am a little more knowledgeable and I am getting ready to submit a NOD. I plan to ask for a DRO review, with new evidence, and hope it will be approved.