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Verbally denied GWI

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DocC03

Question

This is what an highly regarded environmental specialist had to say in my medical records. Since then I keep getting told that gulf war illness in not a real diagnosis. What do I do to get my docs to take this seriously? What can I do?

 

We talked about your exposures during your military service including your deployment(s) to Iraq You indicated that you were exposed to Burn pits, chemicals from industrial plant, exposure to organophosphates and unknown chemicals from manufacturing facility and Uranium. You would like to know whether your exposure(s)are related to development, migraines, fatigue, joint pain, PTSD, and DJD. The remainder of this discussion focuses on exposure concerns and their possible relationship to current health issues.

GULF WAR ILLNESS- Based on your description of your health issues and your exposures during your military service, your current symptoms and medical condition are consistent with, and meet the criteria for the VA case definition for Gulf War Illness/Syndrome. The VA case definition for Gulf War Syndrome is as follows: A medical condition affecting some veterans of the Gulf War, characterized by fatigue, headache, joint pain, skin rashes, nausea, dizziness, and respiratory disorders, and attributed to reactions to prophylactic drugs and vaccines, infectious diseases, or exposure to pesticides and other chemicals, radiation, and smoke from oil fires. For more information, please see - Research Advisory Committee on Gulf War Veterans' Illnesses. Gulf War Illness and the Health of Gulf War Veterans

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maybe not but some of this is confusing.

"This is what an highly regarded environmental specialist had to say in my medical records. Since then I keep getting told that gulf war illness in not a real diagnosis."

How did something from a highly regarded environmental specialist get into your medical records?

Also you added:

"We talked about your exposures during your military service including your deployment(s) to Iraq You indicated that you were exposed to Burn pits, chemicals from industrial plant, exposure to organophosphates and unknown chemicals from manufacturing facility and Uranium. You would like to know whether your exposure(s)are related to development, migraines, fatigue, joint pain, PTSD, and DJD. The remainder of this discussion focuses on exposure concerns and their possible relationship to current health issues.

GULF WAR ILLNESS- Based on your description of your health issues and your exposures during your military service, your current symptoms and medical condition are consistent with, and meet the criteria for the VA case definition for Gulf War Illness/Syndrome. The VA case definition for Gulf War Syndrome is as follows: A medical condition affecting some veterans of the Gulf War, characterized by fatigue, headache, joint pain, skin rashes, nausea, dizziness, and respiratory disorders, and attributed to reactions to prophylactic drugs and vaccines, infectious diseases, or exposure to pesticides and other chemicals, radiation, and smoke from oil fires. For more information, please see - Research Advisory Committee on Gulf War Veterans' Illnesses. Gulf War Illness and the Health of Gulf War Veterans"

Was that a print out from a web site or email conversation?

It isn't an IMO.

Since you have the diagnoses you need, was this C & P done at a VAMC? If so have you gotten a copy of it or does it appears on your ebenefits account?

If so you might be able to get a better C & P exam, but as I understand this, you have not been denied yet.

If you have a copy of the exam can you scan and attach it here? (cover C file etc prior to scanning)

I am kind of baffled that something like this is in your medical records.

I didn't know VA had any environmental specialists (maybe at VA Central they do)

 

 

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Doc03

   You posted:

 "I tried claiming the symptoms and was told they would not do a C&P for that since it was Gulf war illness."

    end quote

You need to write this down:  "YOU CAN NOT ALWAYS TRUST WHAT VA EMPLOYEES OR VSO's tell YOU."  

    INstead, go get a 21-4138 form and state and sign:

"I am applying for following benefits which may or may not (be related to GWI"

   Now list your symptoms, such as headaches, fibromyalgia, etc, etc.  Let the doc decide if your symptoms are related to GWI, they wont give you benefits without his opinion anyway.  Yes, you can get benefits for headaches with or without GWI, for example.  Maybe you had a TBI event that caused it. Just apply and let the doc opine as to what caused it, GWI or no.   Its unlikely your area of expertise to decide whether a particular condition is related to GWI, and they dont make rating specialists and VSO's have a MD with board certification in GWI, either.  VSO's or GS7 rating specialists do not have the medical competency of diagnosing your illness as related to GWI.  They have to rely on what the doc says.  BVA judges, too HAVE TO RELY ON the docs opinion and can not "substitute their own unsubstantiated opinion for that of a competent medical professional"  

    Put the ball in VA's court.  See if they really will "deny you a C and P exam" for one of the symptoms related to GWI.  If they do appeal it.  Remember, you only have about a 15 percent chance of getting approved without appeals, so let them try to "deny you a C and P on GWI" because you did not apply for the right benefit.  A denial like this wont fly in appeals.  The VA has a duty to assist, and they have a duty to maximize your benefits.  (Read BUIE).  

     Sometimes its a good idea to look over your medical records before applying.  Remember, tho, different docs can diagnose things differently.  You dont need to be a medical expert and apply for 

"degenerative osteoarthritis of the 5th and sixth cervical verterbrae".  

Instead, apply for "pain in the spine which radiates to my feet and arms, both nerve and muscle pain.  Also, limited range of motion as I am unable to twist back and forth"

Dont try to self diagnose.  A doc could disagree and you get denied for osteo arthritis of the 5th and sixth vertebrae, and instead diagnose you with something else entirely.

Edited by broncovet
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Also, remember that a C and P exam is not "magic".   Medical evidence is medical evidence regardless if that evidence comes from a C and P exam, a private physician, or your VA doc.  All are equally valid.  You may not even need a C and P exam at all especially if you have:

1.  A current diagnosis of illness or disease.

2. In service event or aggravation, which includes "presumptives".

3.  A medical nexus or statement from a doctor that your current diagnosis is "at least as likely as not" due to xx event while in military service.  

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I'd add 1 thing to Bronc's discussion regarding Medical Evidence, Board Cert Specialist's, will generally trump a GP MD's opinion. When you have "Dueling" IMO's, the Dr with the Strongest Credentials usually prevails.

Sounds like your destined for the NOD Train. You recently had your C & P, right? Was that from an FDC?

Could you post a break-down of your SC's and your IU Award, redacted of-course?

How about pulling the recent C & P DBQ and Clinician notes from your MHV site or VMC Records Dept. Be very interesting reading and would definitely help you, as well as us, in understanding your SC situation.

Semper Fi

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1 hour ago, Berta said:

maybe not but some of this is confusing.

"This is what an highly regarded environmental specialist had to say in my medical records. Since then I keep getting told that gulf war illness in not a real diagnosis."

How did something from a highly regarded environmental specialist get into your medical records?

Also you added:

"We talked about your exposures during your military service including your deployment(s) to Iraq You indicated that you were exposed to Burn pits, chemicals from industrial plant, exposure to organophosphates and unknown chemicals from manufacturing facility and Uranium. You would like to know whether your exposure(s)are related to development, migraines, fatigue, joint pain, PTSD, and DJD. The remainder of this discussion focuses on exposure concerns and their possible relationship to current health issues.

GULF WAR ILLNESS- Based on your description of your health issues and your exposures during your military service, your current symptoms and medical condition are consistent with, and meet the criteria for the VA case definition for Gulf War Illness/Syndrome. The VA case definition for Gulf War Syndrome is as follows: A medical condition affecting some veterans of the Gulf War, characterized by fatigue, headache, joint pain, skin rashes, nausea, dizziness, and respiratory disorders, and attributed to reactions to prophylactic drugs and vaccines, infectious diseases, or exposure to pesticides and other chemicals, radiation, and smoke from oil fires. For more information, please see - Research Advisory Committee on Gulf War Veterans' Illnesses. Gulf War Illness and the Health of Gulf War Veterans"

Was that a print out from a web site or email conversation?

It isn't an IMO.

Since you have the diagnoses you need, was this C & P done at a VAMC? If so have you gotten a copy of it or does it appears on your ebenefits account?

If so you might be able to get a better C & P exam, but as I understand this, you have not been denied yet.

If you have a copy of the exam can you scan and attach it here? (cover C file etc prior to scanning)

I am kind of baffled that something like this is in your medical records.

I didn't know VA had any environmental specialists (maybe at VA Central they do)

 

Quote

The part about we talked about "your exposures during your military service" was gleaned from my medical records directly.

There is an environmental specialist at the Palo Alto V.A. who is also a Stanford Professor, National guard Colonel and NASA contractor. Very highly regarded in her field.

This is through the War Related Illness and Injury Study Center.

I should have my report from the C&P this coming week and I will get it uploaded so you folks can see it.

 

 

Edited by DocC03
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