Gulf War Syndrome question

[ed33]

Hi Everyone,

I've got a quick question about Gulf War Syndrome. I just recently found out that the Gulf War syndrome applies to veterans of OIF/OEF, not just Operation Desert Shield/Storm. So I am 36 years old and am up to 11 Skin cancer spots and counting. The definition for GW presumptive conditions states "undiagnosed illnesses" to include skin conditions. So my question is would Basal cell carcinoma cancer count as "undiagnosed" since technically it is diagnosed as such? Or are they only referring to skin conditions that they don't know exactly what they are?

 

Thanks for the help

[ShrekTheTank]

Hi ed33,

Almost any kind of skin condition is going to be brought into it!  I hope you have filed for this as I for get when the presumptive period runs out.  

So the VA loves to throw words in there as undiagnosed illness to cover many things, so this gives a much broader range for a lot of things going wrong!  Skin conditions are covered in this blanket.

I have one that only 4 people have been SC for the last time I checked.  I am sure there are more now.  The issue I had was getting my issue named.  Once they named it they then had to decide how rate it!  Now almost 6 years later we are getting closer to getting it correct.

I would file ASAP but also look up your condition and know what they are going to ask you in the C&P exam.  

[ed33]

14 minutes ago, shrekthetank1 said:

Hi ed33,

Almost any kind of skin condition is going to be brought into it!  I hope you have filed for this as I for get when the presumptive period runs out.  

So the VA loves to throw words in there as undiagnosed illness to cover many things, so this gives a much broader range for a lot of things going wrong!  Skin conditions are covered in this blanket.

I have one that only 4 people have been SC for the last time I checked.  I am sure there are more now.  The issue I had was getting my issue named.  Once they named it they then had to decide how rate it!  Now almost 6 years later we are getting closer to getting it correct.

I would file ASAP but also look up your condition and know what they are going to ask you in the C&P exam.  

So I’ve already been denied for the initial claim and the higher level review. I just submitted for a BVA board review but now I’m realizing that this GW may help my situation. So just to clarify you’re saying basal cell carcinoma skin cancer should fall under GW presumptive even though it is a diagnosed condition vs the undiagnosable term? 
also do I need to specify at any point for them to look at it as presumptive or are they supposed to do it automatically. Basically how do I get them to look at it from a GW perspective. 
thanks 

Edited November 20, 2019 by ed33

[El Train]

Most likely you will need a Dr's diagnosis linking it to you service in the Gulf.  You are going to need a Dr. who knows what the VA verbiage is as well.  Someone like Dr. Ellis.  Or they most likely will continue to deny.  Your going to need the diagnosis, therefor the law on your side.  GW claims are not easy to get service connected.  Presumptive doesn't make it easier.

[Vync]

Here's a link to the Gulf War presumptives page: https://www.publichealth.va.gov/exposures/publications/gulf-war/gulf-war-winter-2016/gulf-war-presumptives.asp

I agree with the other members. However, the wording "skin conditions" appears to be all-encompassing. That site does not indicate any exclusions.  In my non-professional opinion, any kind of skin cancer could be considered to be a skin condition.

I looked up Gulf War presumptives in M21-1 (the VA policy guide) and here's what it says:
https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014557/M21-1,-Part-IV,-Subpart-ii,-Chapter-2,-Section-D---Service-Connection-(SC)-for-Qualifying-Disabilities-Associated-with-Service-in-Southwest-Asia

Quote

IV.ii.2.D.1.n.  Signs and Symptoms of Undiagnosed Illnesses or MUCMIs

38 CFR 3.317 specifies the following 13 categories of signs or symptoms that may be manifestations of an undiagnosed illness or an MUCMI: joint pain muscle pain neurological signs or symptoms headache neuropsychological signs or symptoms gastrointestinal signs or symptoms abnormal weight loss fatigue sleep disturbances respiratory signs and symptoms (upper and lower) cardiovascular signs or symptoms skin signs and symptoms, and menstrual disorders.  Notes:  The list of categories is not exclusive; signs or symptoms not represented by one of the listed categories may also qualify for consideration under 38 CFR 3.317. A disability that is affirmatively shown to have resulted from a cause other than Southwest Asia service may not be compensated.  See 38 CFR 3.317(a)(7). Example:  Sleep apnea cannot be presumptively service-connected (SC) under the provisions of 38 CFR 3.317 since it is a diagnosable condition.  If claimed, sleep apnea must be considered on a non-presumptive SC basis.

 

Which takes us to the skin rating criteria: §4.118   Schedule of ratings—skin.

That's for the "diagnosed" illnesses and there are many.

If the skin condition is undiagnosed, they appear to rate it like eczema using this code

Quote

signs or symptoms involving the skin

8878-7806, (eczema).

 

 

 

 

 

[ShrekTheTank]

Can you link you denial here minus your personal information?  I want to see how they are denying it so we can give some better advice.  Mine was easy to SC as I had been seen for it before I got out.  I also could tell them when I first noticed them. 

[ed33]

50 minutes ago, Vync said:

Here's a link to the Gulf War presumptives page: https://www.publichealth.va.gov/exposures/publications/gulf-war/gulf-war-winter-2016/gulf-war-presumptives.asp

I agree with the other members. However, the wording "skin conditions" appears to be all-encompassing. That site does not indicate any exclusions.  In my non-professional opinion, any kind of skin cancer could be considered to be a skin condition.

I looked up Gulf War presumptives in M21-1 (the VA policy guide) and here's what it says:
https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014557/M21-1,-Part-IV,-Subpart-ii,-Chapter-2,-Section-D---Service-Connection-(SC)-for-Qualifying-Disabilities-Associated-with-Service-in-Southwest-Asia

 

Which takes us to the skin rating criteria: §4.118   Schedule of ratings—skin.

That's for the "diagnosed" illnesses and there are many.

If the skin condition is undiagnosed, they appear to rate it like eczema using this code

 

 

 

 

 

So if you look at the example at the bottom about sleep apnea it says it would not fall under that code of presumptive because it is a known diagnosable condition. It had a name and we know what it is. Similar to skin cancer. They already know what I have and it has a name and it’s own category. I think the skin conditions they’re referring to under GW means just random skin things that they don’t know what it is but have to rate it somehow. That how I read that part anyways. Ugh. Why do they have to make this so confusing. I can’t believe I can’t get a lawyer to speak with me. I’ve even offered to pay out of pocket and I can’t get a reply.