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StillHere2

Questions on new gulf war claim

Question

Sorry in advance for length of post. Getting ready to file: Gulf War 1 vet. Have diagnosis and VA DBQ form from Civilian Dr for Fibromyalgia. Also looking to file for PTSD, Tinnitus and flat foot (flat foot issue happened in basic, figured toss it in). Only have diagnosis for Fibro. Is it ok to file pending the VA med/psych exams for the others. Also, I have severe insomnia issues that are a combination from pain from the fibro, nightmares assoc with the PTSD issues and old fashion staring at the walls for hours insomnia. Can/Should I file for insomnia secondary to the Fibro and/or PTSD now or wait until when/if the other items are approved first? Thanks for any advice!

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Yes, file.  Regardless of what your VSO tells you, its gonna take months, or even years, for Va to process your claim.  You can file, then make sure you have all Caluza elements by visiting the doc, or gathering evidence.  

After you get your benefits, you can calculate how much it costs you to wait to file.  

If you are awarded 100 percent, for example, it just cost you about 3000 dollars by not filing in April..its too late to file in April, as of this morning.  Benefits are not prorated by the day.  If you file today, your benefits will be effective June 1, if awarded and the facts show you are entitled.   Benefits start the first day of the month FOLLOWING your date of claim.  This means you wont be getting benefits for May, either.  The earliest it can start is June 1, and only then if you get your application "received by VA" during the month of May.  

Edited by broncovet

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Yes, file. ASAP. It's going to take a lot of work gathering evidence, going to exams, etc., etc. And it is going to be frustrating, but get it started now. If you don't have enough on your issue(s) and it gets denied, you still have a whole year to get  what you need.

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https://www.va.gov/disability/eligibility/hazardous-materials-exposure/gulf-war-illness-southwest-asia/

These are the Gulf War regulations.

The 2010 PTSD criteria is here in our PTSD forum.

If you have the CAR, CIB, or PH on you DD 214, the VA should concede a stressor.

If not, you will need to prove the stressor(s) but that can be done.

It is best to list as stressor the one you believe is easiest to prove.You can list more than one however.

The Va might consider the insomnia as part of the overall PTSD rating.

 

 

 

 

 

 

 

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I advise to file an intent to file which is good for one year.  You can then file for your conditions within that year and keep your filing date, the date you filed the intent to file.  Good luck and as broncovet says it can take years.

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

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