Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

Advertise Here contact us

  • 0

Re-Opening a 2016 GWI claim - Fibromyalgia DBQ


Question

So, before I knew much about the VA and their love for vets, I submitted my first GWI claim. I filed for symptoms (Stomach issues, sleeplessness, bi lateral arm/shoulder pain, short term memory loss). I had a forgetful C&P doc, I had no idea beforehand what the eam was for, I was nervous as shit and I didn't know enough to press him on examining other issues.

I went 26 years without touching the VA and here I was at a C&P exam. I was rated 30% for IBS, all other contentions denied because dr said I denied having any other issues.

This week I was diagnosed by a family practice NPC with fibromyalgia, they ordered bloodwork to exclede Rheumatoid Arthritis and scheduled me with a rheumatologist in February. Here is my DBQ. Thoughts?

I'm considering a re-open or reconsideration for my initial 6/2016 claim. My NOD is already in for this claim with a request for DRO review. I don't care about back pay  money, just principle, so not worried about losing my initial claim date..

DBQ1 001Redacted.bmp

DBQ2 001Redacted.bmp

DBQ3 001Redacted.bmp

Link to post
Share on other sites
  • Answers 11
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • 0

I'm not the biggest expert on this Gunny, but I'll tell you what I think, and others can chime in. I'll also tell you where to go for the BEST advice on your question.

First, I feel ya about being confused and lost filing that first GWI claim and not knowing what the hell was going on. I did the same thing, and in fact it's been 9 years and my first GWI claim has been denied completely numerous times and is waiting in line for the first shot at the BVA. I have no doubt it will take many more years, and that I'll be dead before it's resolved.

I don't really see anything in your first claim that would connect to fibromyalgia (FM) that would justify you asking to reopen the claim with your new evidence. But you could tie it to your shoulder pain and sleeplessness, so if you want to try that, you probably could. If you don't care about the effective date, a new claim would work just as well. FM is a presumptive under 38 CFR 3.317 as a "Medically Unexplained Chronic Multisymptom Illness." As long as your doctor and you can show that it is FM and not something else (although that diagnosis from the expert rheumatologist would be much more helpful), that it is at least 10% or more disabling, and that it has lasted 6 months or more (chronicity), then it should be presumed as a CMI under this section. 

That means you can claim it connected to the previous claim, if you can tie it to that claim, or file it as a new claim, since it has surfaced prior to the closing date selected by the Secretary of the VA (31 Dec 2021).

For the best help, go to the Self Help Guide at the National Gulf War Resource Center (NGWRC) 

Hope this helps.

Dr. Dave

 

2017-ngwrc-gulde.pdf

Edited by Dr_Dave
updated link to self help guide
Link to post
Share on other sites
  • 0

My first claim was for sleeplessness, bi-lateral arm pain, bi-lateral shoulder pain, memory loss-short term and stomach issues. The stomach was rated 30% as undiagnosed illness (IBS) w/constipation/diahrea.

Since that time, I've been diagnosed with Major depressive disorder, PTSD, sleep disorder NOS.

So, my re-open with new & material evidence is in the context that I filed for symptoms of Fibromyalgia, which I have now been diagnosed with.

Much like anything, it's a crap shoot......but, I am a tenacious Marine and will never just go away! Thanks for the input!

Link to post
Share on other sites
  • 0
  • Moderator

Ok, marine, go "armed with knowledge".  Order your claims file and look for THESE 3 things (Caluza elements) documented in your file.  

1.  Current diagnosis.

2.  In service event or aggravation

3.  Nexus, or doc statement that number one is connected to number 2.  

      Most claims fail to number 2 or number 3 which is missing.  An IMO/IME can fix number 3, but you can not fix an undocumented event EXCEPT by

documenting it, which usually involves buddy letters, or in depth military records which may not have been initiallly available.  If you find a document which confirms number 2, then you can reopen due to new and material evidence by resubmitting evidcence.  

Link to post
Share on other sites
  • 0

Is the burden of proof more stringent for a Gulf War veteran to prove, in service event/aggravation when it comes to a FM claim?

Link to post
Share on other sites
  • 0

All of the lab work to rule out Rheumatoid Arthritis came back clean, so I will upload to Ebennies. That will help support the previously undiagnosed Fibromyalgia claim. Also, have an appointment with a Rheumatologist coming up in December.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Our picks

    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
        • Thanks
        • Like
      • 7 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 8 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines