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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
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      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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TALON II FE

C & P Notes, seem fishy?

Question

This was noted in one of my C & P's, aren't most if not all of my diagnosed issues he lists associated with GWI?  They slid this into my initial claim post-retirement C&P for general medicine.  I had plenty of exposure incidences, besides the daily issues we all dealt with living of there...I think they are already covering things up, there is no other reason for this to be there, other than for them to manipulate it at a later date. 

"The Veteran's diagnosed obstructive sleep apnea, headaches, chronic sinusitis, joint pain, nerve pain, skin condition, muscle pain and irritable bowel syndrome represents conditions with a clear and specific etiology and diagnosis. They have not been associated with exposure to environmental hazards such as burn pits exposure, inhalation of fine grain sand, fuel or solvent fumes, insecticides or pesticides or multiple vaccines. Therefore, it is less likely as not (less than 50 percent probability) that these diagnosed conditions are related to a specific exposure event experienced by the Veteran during service in Southwest Asia."

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You only have a few things to prove.

1. You were there.

2. You have a diagnosis of anything listed below. 

3. Your diagnosis is not caused by something not listed.

Cut and dry. That simple. Or it should be but we all know this is not always the case. 

Like I said above....you might be able to catch this before it is denied thus saving you a bunch of time. 

 

Gulf War Veterans who meet the criteria below do not need to prove a connection between their military service and illnesses in order to receive VA disability compensation.

VA presumes certain chronic, unexplained symptoms existing for 6 months or more are related to Gulf War service without regard to cause. These "presumptive" illnesses must have appeared during active duty in the Southwest Asia theater of military operations or by December 31, 2016, and be at least 10 percent disabling. These illnesses include:

  • Chronic Fatigue Syndrome, a condition of long-term and severe fatigue that is not relieved by rest and is not directly caused by other conditions.
  • Fibromyalgia, a condition characterized by widespread muscle pain. Other symptoms may include insomnia, morning stiffness, headache, and memory problems.
  • Functional gastrointestinal disorders, a group of conditions marked by chronic or recurrent symptoms related to any part of the gastrointestinal tract. Functional condition refers to an abnormal function of an organ, without a structural alteration in the tissues. Examples include irritable bowel syndrome (IBS), functional dyspepsia, and functional abdominal pain syndrome.
  • Undiagnosed illnesses with symptoms that may include but are not limited to: abnormal weight loss, fatigue, cardiovascular disease, muscle and joint pain, headache, menstrual disorders, neurological and psychological problems, skin conditions, respiratory disorders, and sleep disturbances.

- See more at: http://www.publichealth.va.gov/exposures/gulfwar/medically-unexplained-illness.asp#sthash.YSSvBsgo.dpuf

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yes I agree with docC03

Send in his information above on ebenny's and state it to be part of your evidence, let them know you read the CFR's

ASAP

Gulf War Veterans who meet the criteria below do not need to prove a connection between their military service and illnesses in order to receive VA disability compensation.

VA presumes certain chronic, unexplained symptoms existing for 6 months or more are related to Gulf War service without regard to cause. These "presumptive" illnesses must have appeared during active duty in the Southwest Asia theater of military operations or by December 31, 2016, and be at least 10 percent disabling. These illnesses include:

Great Info doc

 

.............Buck

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I will be filing a NOD(s) once I get my C-File but I still have time and I want to see what all is in it so I know how to proceed.  I was given percentages and SC for all of the above issues except the IBS (which they did not have any of my records for, I guess).  He acted like, for example, a diagnosis of OSA meant that it could not be an undiagnosed illness and, therefore, was not related to Desert service or a presumptive.  It just seems like they went out of their way to dismiss any connections to the Desert.  It feels like it was directed by 'policy' and may make things harder down the road if I start falling apart or prevent me from qualifying for future possible benefits.

  I have all the proof, DD214,medals, etc. as well.  Since it is a presumptive, it should not have been opined upon by the C&P Examiner.  He knew I was over there, he was a Vet, we were talking about some places we had both been over there.  There is no reason for the comment on the C&P and now I will have to fight that, too.  Fun, fun!

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I get that. They are linking everything to anything they can to keep things far from Gulf war stuff.

I have an actual diagnosis from a specialist at a V.A. hospital of Gulf War Illness. In my records it is listed under my problem list as Gulf War Illness.

Try finding that in my C&P exam! He would not acknowledge Gulf War Illness. Had to claim the symptoms instead of the diagnosis. 

I filed a claim for my symptoms but also for Gulf War Illness that way when they deny me for Gulf War Illness, down the road, when the V.A. starts recognising GWI as something that can be claimed I will have proof that I filed for it in the past. Not sure if it would make a difference but it makes me feel better.

I have been reading a lot about GWI including Sec. McDonald's opinion on how it should be handled and l can tell you that the writing is on the wall. 

In my opinion the V.A. will be changing drastically for the better the way they handle Gulf War Illness claims. 

The Institute of medicine is changing their stance on GWI for the better. Mycoplasma research is now coming to the forefront. Sec. McDonald is accepting the IOM's suggestions to start calling it Gulf War Illness. Well at least he wants to call it multi symptom Illness due to Gulf War. It's a start.

So I feel you first hand but I'm also optimistic about what's coming. 

Maybe I'm wrong but after countless hours of research I feel that we will see good things in the next couple years.

 

 

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And one more thing. A lot of people with these problems are developing extreme sensitivities to chemicals including medicines. 

Anyone who has Gulf War Illness like symptoms please take a serious look at what medicines your taking and whether or not they are really necessary. 

Also if you do anything with chemicals like changing the oil in your car or using weed killers or anything similar please wear latex gloves. And a mask if applicable.

I can tell you that since I worked with my primary care doctor to get off all the medicine that I did not have to have and also started protecting myself from chemicals I can honestly say that I feel a little better.

Probably 20% or so better but I will take it. Anything we can do to take care of ourselves the better we will be.

Talk to your doctor before stopping any medicines. 

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    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
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    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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