How to proceed? Supplemntal Claim from Grand Mal Epilepsy DENIED

[Glenndawson100]

Hi there,

Recently actually yesterday the 21st of February the VA gave me notice that my supplemental claim had been decided and that they had sent out the letter that morning as well (meaning the decision was actually made on the 20th). This of course prompted me to check Ebenefits, where I saw no change in my rating. I'm currently rated at 40% for other issues. And in the past Ebenefits updated almost instantly leading me to believe that this supplemental claim was denied.

I originally submitted my Epilepsy claim back in august, it was denied about 4 months later due to conflicting phraseology given by one of my doctors (mind you i still have a diagnoses of Epilepsy with 15 witnessed Grand Mal seizures at this point). Once i got the original decision letter I contacted my County VSO's office and set up an appointment. After they reviewed everything they we surprised that my claim was denied as it has a clear nexus and on top of that falls under the conditions; that if they manifest within a year its considered service connected (I separated 02/01/2019, first seizure onset was 05/25/2019). They did review the 112 pages of evidence from my civilian doctors and did see the conflicting phraseology. They told me that if I could get my Neurologist to just confirm my diagnoses and say i was and have been under treatment since 05/25/2019 that we could submit a supplemental claim since that's the fastest route. So that's what we did. That brings us to now.

Under the standards for Epilepsy I was looking at a single rating of anything between 80%-100%. An 80% from 40% would have resulted in something Close to 90%. While i'm holding out, since in either case the retro pay (if my claim was awarded) would be greater then 20K that the additional signatures required are slowing down Ebenefits from updating, but as in most cases if the letter has sent and Ebenfits doesn't updated, 90% of the time you Claim/Supplemental/Appeal is denied. ( I mean correct me if I'm wrong).

Whats the moral of the story? No matter how much evidence you have to support you the VA will be the VA. I'm lucky that I'm rated for other conditions so that I can at least have the VA help me cut down on the costs of treatment for Epilepsy, but it would have been nice to have it service connected so that I wouldn't have to wait months on months for Neurology appointments since I don't have priority.

If any one has any information for me that might help moving forward, I'm all ears as once my letter is received and upon reading of the denial ill be filling an appeal.

[Glenndawson100]

My service dates extended from 03/AUG/2015 -- 02/FEB/2019. Delpoyed locations were Qatar, with a forward to Bagram in 2017 then a 3 month in East Africa in 2018.

[ShrekTheTank]

my understandings are presumptive should cover this, but we will have to see what they say.  We really need to see the denial as they can go twelve ways from sunday in their answer.

[Berta]

to add- we had here at hadit a few vets whose VSO rep put down on the claim, that they were Gulf War Vets  incountry and wanted the GWV presumptives to be applied by VA to their disability-but some of them did not fall into this criteria for presumptives, because they had a "Diagnosed" disability, that was not a presumptive ( such as IBS etc as the VA link reveals.

 

https://www.publichealth.va.gov/exposures/publications/gulf-war/gulf-war-winter-2016/gulf-war-presumptives.asp

Those vets who do not meet the above criteria and have a "diagnosed" disability not on the list above, can attain SC by establishing an inservice nexus or link to their disability.

The worse thing some vet rep or VSO can do ( and they have done it per the BVA ) is to file the claim for generic "Gulf War Syndrome."...without properly stating the disabilities the veteran has.

There is no specific disability called Gulf War Syndrome and it is not compensable...because

 "We prefer not to use the term “Gulf War Syndrome” when referring to medically unexplained symptoms reported by Gulf War Veterans. Why? Because symptoms vary widely."

https://www.publichealth.va.gov/exposures/gulfwar/medically-unexplained-illness.asp

 

 

 

[Glenndawson100]

3 hours ago, Berta said:

to add- we had here at hadit a few vets whose VSO rep put down on the claim, that they were Gulf War Vets  incountry and wanted the GWV presumptives to be applied by VA to their disability-but some of them did not fall into this criteria for presumptives, because they had a "Diagnosed" disability, that was not a presumptive ( such as IBS etc as the VA link reveals.

 

https://www.publichealth.va.gov/exposures/publications/gulf-war/gulf-war-winter-2016/gulf-war-presumptives.asp

Those vets who do not meet the above criteria and have a "diagnosed" disability not on the list above, can attain SC by establishing an inservice nexus or link to their disability.

The worse thing some vet rep or VSO can do ( and they have done it per the BVA ) is to file the claim for generic "Gulf War Syndrome."...without properly stating the disabilities the veteran has.

There is no specific disability called Gulf War Syndrome and it is not compensable...because

 "We prefer not to use the term “Gulf War Syndrome” when referring to medically unexplained symptoms reported by Gulf War Veterans. Why? Because symptoms vary widely."

https://www.publichealth.va.gov/exposures/gulfwar/medically-unexplained-illness.asp

 

 

 

Wait so would I not fall under presumptive?

[Berta]

That was not what I meant- my point here is for you and others who might need this info,is that the Gulf War presumptives and regulations :

https://www.law.cornell.edu/uscode/text/38/1117

are Different from the Chronic Presumptives. 38 CFR 3.309 as it refers to 3.307.

I linked it above and will make a new topic on that because it is almost impossible to find in our search feature.

Also GW incountry vets might want to find the Radio show I did here on the many infectious illnesses that are also compensatable to GW vets as well as do a search for those regulations under  'more new Gulf War presumptives.'

And they should get into the Gulf War Burn Pit registry as maybe the VA will add burn pit illnesses to the presumptive for GWVs...maybe....

I feel as I stated before that you have a valid claim ,as a Chronic Presumptive claim,under the 38 CFR 3.309 ( to include 307) based on how I understand the info you gave us.

I just hope you or your rep filed the claim properly.

Also the Agent Orange Presumptives are a  completely different set of regulations.

Actually I don't know why I am even opining on this because you have not been denied as far as I know.

Make sure any medical info you gave them from any doctor that directly bears on your disability is something they can read and understand.

And pray that they can

read.

 

[Berta]

Also there are Camp Jeune presumptives as well but I have already posted that info here many times- someone else can link that to the regulations.