Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Gulf War Veteran in 1995?

Rate this question


Bridgetteg2006

Question

Good Evening,

I have a question in regards to who qualifies as a Gulf War Veteran being able to claim certain issues under the presumptive criteria.  I read that in order to have Gulf War Syndrome or to be diagnosed with  "un-diagnosed illnesses" related to the Gulf War that you would of had to been part of Desert Shield, Desert Storm etc., and those that served in the Gulf during 1991.  How about those that were in the Gulf in 1995.  I have a friend that was on the USS Belleau Wood in 1995.  They were part of Operation United Shield helping safeguard those exiting Somalia. He was given pills to take during his month there that caused very bad stomach issues that have continued his whole life.  His doctors and GI docs have been unable to determine the cause of his issues.  His Records state that he is a Gulf War Veteran and that he was in the GW Theater.  What are his chances of getting service connected under the Gulf War Presumptions or would you of had to specifically serve during one of those specific periods they are linking everything to such as Desert Shield, Storm, the year 1991 ets.. 

  

Link to comment
Share on other sites

  • Answers 3
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

3 answers to this question

Recommended Posts

  • 0
  • Moderator

There is still time, if your friend has all three Caluza elements then he can file for direct service connection. The three elements required are. 1) an injury/disease in service. 2) the current injury/disease. 3) A doctor’s letter connecting the injury/disease in service to the present condition. 

All of these must be true of your chronic illness or other condition. It:

  • Started while you were on active duty or before December 31, 2021, and
  • Caused you to be ill for at least 6 months, and
  • Qualified you for a disability rating of 10% or more, and
  • Was caused only by your service in the Southwest Asia theater of operations

And you must also have a diagnosis of one or more of these conditions:

  • Functional gastrointestinal disorders
  • Chronic fatigue syndrome
  • Fibromyalgia
  • Other undiagnosed illnesses, including but not limited to cardiovascular disease, muscle and joint pain, and headaches

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

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Hi Bridgetteg2006 A good reference is https://www.publichealth.va.gov/exposures/publications/gulf-war/gulf-war-winter-2016/gulf-war-presumptives.asp I believe the time period is covered, but couldn't find anything except it goes thru 2021 and likely to be extended. Keep in mind, 4 of 5 disability claims for it are disapproved, so get some professional advise on it.

Link to comment
Share on other sites

  • 0

 "He was given pills to take during his month there that caused very bad stomach issues that have continued his whole life."

Does he have a copy of his SMRS?

Do his SMRs reveal what the name of the pills are and any treatment records for the stomach issues??

This puts his ship in part of 1995 and where the ship was.

https://en.wikipedia.org/wiki/Operation_United_Shield#Naval_ships_involved_in_the_Combined_Task_Force

It was an LHA -3. ( ALA Devil Dog" Not to be confused with  CVL, of the same name .

I hope ,if the ship got any medals, decorations, for the work of it's crew, that his DD214 shows them.

Was he Navy or Marine  Corps?

https://marines.togetherweserved.com/usmc/servlet/tws.webapp.WebApp?cmd=PublicUnitProfile&type=Unit&ID=16110

There are ways he might find a buddy statement if needed.

 

 

Edited by Berta
added more

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use