VA personal hearing for Gulf war syndrome issues

[MArinepoop]

HI,

 

I have Gulf War Syndrome. I filed a claim with lots of medical evidence for many years of my GI issues since Iraq. I have Eosinophilic Esophogitis, Acid reflux, swelling in my throat and lower digestive track, hemroids, stomach pain... just all the issues.

I need to convince them tomorrow that I have these issues and that these are connected to Iraq.

What are some of the things I can do that have worked for other people in the past?

This is something I believe without a doubt is a direct cause of being infantry in Iraq.

I have to get this on my claim, please help

 

I am represented by the DAV, I should have a rep from them lawyering for me, but i still need to do something to prepare.. any help is apprecciated

[Berta]

Is this a hearing with a DRO or with the BVA?

I see you have 100% now so a successful outcome could possibly set you up for SMC....too hard to tell...

http://www.publichealth.va.gov/exposures/gulfwar/medically-unexplained-illness.asp

I hope you have carefully shaped your medical evidence to fall into this criteria for GWS.

I have seen BVA denials in the past, whereby the vet claimed  "Gulf War Syndrome"( which is not a compensable disability)

because the vets failed to heed the criteria in the link above and provide ample medical evidence of these conditions and how they would fit into the GWS criteria.,..

I am sure that is not your situation and that you are fully aware of the evidence you need.

I have limited time to be here but can you scan and attach the reasons and Bases for their denial ASAP today here ? (cover C file #, name etc prior to scanning,.) and if I cannot catch it today others here will and opine on what evidence you need to have at that hearing.

It would be however, the evidence they said was lacking, in the denial....

[Berta]

Is this a hearing with a DRO or with the BVA?

I see you have 100% now so a successful outcome could possibly set you up for SMC....too hard to tell...

http://www.publichealth.va.gov/exposures/gulfwar/medically-unexplained-illness.asp

I hope you have carefully shaped your medical evidence to fall into this criteria for GWS.

I have seen BVA denials in the past, whereby the vet claimed  "Gulf War Syndrome"( which is not a compensable disability)

because the vets failed to heed the criteria in the link above and provide ample medical evidence of these conditions and how they would fit into the GWS criteria.,..

I am sure that is not your situation and that you are fully aware of the evidence you need.

I have limited time to be here but can you scan and attach the reasons and Bases for their denial ASAP today here ? (cover C file #, name etc prior to scanning,.) and if I cannot catch it today others here will and opine on what evidence you need to have at that hearing.

It would be however, the evidence they said was lacking, in the denial....

I dont know if this post will go through.....I just got a pop up that has limited my posts

[MArinepoop]

Hi,

 

my goal is 100% with this additional claim making me eligable to work. right now im unemployable.

 

I copied this part out of the link you sent me "Examples include irritable bowel syndrome (IBS), functional dyspepsia, and functional abdominal pain syndrome"

 

ist that what you mean about how to claim it so I dont make that mistake you were talking about?

 

I will look for my denial. What sorts of things should I bring to the hearing?

[MArinepoop]

its a DRO officer

 

[Berta]

I commend you  for wanting to work because you are so young and the unemployability status certainly can compound a veteran's

view of their family's future.

But I am confused here. In Nov 2013 you posted this:

"SO several months ago was awarded 100% PTSD employability with possible future exams to re-avaluate my condition. They tell you so little about what the guidelines are for everything, but am I unable to work at all based on this determination? DO odd jobs and part time count against me now?"

In a different post it seemed you were awarded TDIU, with 70% for the PTSD....

It is difficult to opine on your questions without knowing what the award letter said (I thought at first it was a denial letter).And you just mentioned a denial letter.???

I cannot determine if you get TDIU or 100% solely for the PTSD.

Did you ever get a C & P for IBS or anything else you claimed due to the Gulf War?

There isnt enough info here for us to determine if this is an appeal over a denial of GW related diseases and/or for a straight 100% award for the PTSD (instead of the temp TDIU) if,in fact you were awarded TDIU.

"What sorts of things should I bring to the hearing?"

Bring the DAV rep.

 

 

 

[Berta]

Just to add, I am not saying that to sound like a wise guy......the DAV has reps in or near every major RO.

They can certainly show up at a DRO review. Mine did in 2005.

However that does not mean they will fully be able to influence the DRO that the decision you got was wrong or lacking in something VA should have done. That means they will have the decision you appealed, and might be able to provide some evidence  in their DAV file on your claim ,  to prove your point.

I think there is more to this situation than we know.

I was thinking as evidence you can show them any payments you have received for any work you have done since the award,showing you are employable,which is what you seem to want to be,  but then again

if you made over the GNP income level, since they awarded you comp, they could take away your TDIU---if you get TDIU now ...but  I am not sure what type of comp you actually get.