Gulf War Burn Pit Rheumatoid Arthritis

[Grilla79]

I tired to research this here but I did not find this question so here goes.  I retired in 2011, i was diagnosed with Rheumatoid arthritis in 2019.  GW and burn pits 2006 and 2008.  On the Burn Pit registry.    I'll file a disability claim but will they just boot it since i'm filing almost 10 years after retirement? .  I've read a lot of material, some on VA.gov websites, and I'm not clear if RA/autoimmune diseases have an established presumptive cause with GW service/burn put exposure.  One article would make it sound like it was in the works, another like it was a done deal.  I can think back and recall joint pain over and above as far back as 2007 (my 50th birthday) but I chalked up to aging, wear and tear and an active lifestyle.  it started as occasional pain and stiffness in my hands, then progressed to my feet,  continued to progress to shoulders, knees and hips and the episodes of pain became more severe, lasted longer and happened more often.  By 2019 I complained to my civilian doctor saying this is not normal, referred t a Rheumatologist and diagnosed late 2019.  Unfortunately blew a lumbar disk, fusion in April 2020, so i just got back to the rheumatologist,  I've also read about the correlation of RA with PTSD and I've got a 70% rating for PTSD.

Do i file for RA as a new claim with the nexus as burn pit exposure or as RA secondary to PTS.  Multiple joints are affected but hands and feet without a doubt the worst.  I can't write a sentence longhand that someone could read and I can't pull the tabbed metal lid off a can of soup or walk down the stairs without two handrails because the achilles area of my heels are so tight.  IT loosens up with activity , but sit in a chair for 20 minutes and get up and its like i never loosened up. 

by the way, i mentioned to the Doc that I might be asking for a letter and shared that an important statement from a doctor might be something like it as more likely than not likely that my RA was caused buy my service/burn pit exposure and she was like, sure, no problem.  

 

Sorry for running on, 

 

grilla

[Sgt. Wilky]

I'm resurrecting this because I just found out that this RA, being presumptive to SW Asia service, is priceless to my current claims and issues. My VSO had no idea that RA is presumptive to SW Asia service, so they advised against filing for it. I do have a IU/PT claim in the works, but I'm wondering if I should go ahead and push this issue too. I believe I would be at the 100% with my RA issues and all the stinking meds I'm on, including $1250 weekly injections of Enbrel. I no longer work and I'm twiddling my thumbs at 80%.

This was an excellent post, and all of your responses have been extremely helpful. I sent the Cornell link to my VSO and told her I would like to pursue this to the end of the earth.

Sgt. Wilky

[Grilla79]

Hi Berta

 

i received the decision letter this weekend - a cople small wins, most of the joint claims were deemed not service related, 3 others were deferred and i have  a second C & P today for them.  following addvice here and from the Maryland State Vet Affairs guy i listed all the joints separately - left hand and fingers condition/pain, right hand and fingers condition /pain for hands, feet, knees, shoulders, hips, etc.  Clearly they did not make the connection or take the hint that all the joint pain is related under inflammatory polyarthritis even though i included all the rheumatologist's records and mentioned it in a statement of support.  and in the decision letter someone somewhere made some funky diagnoses - i claimed condition/pain, they diagnosed one a s chronic strain, another as a bone spur, even included "hammer toes) as diagnosis for one foot.  

 

but back to earth, i thought you asked that i attach a redacted version of the decision, but i can't find that note.  Did you request that or if you didnt, would that be  useful?  I can do that when u return   

 

by the way i had reached out to Woods Lawyers for potential appeal - they have a lot of ads and marketing.  I told them i had no interest in TDIU, wanted straight out appeal.  they said they can;t help me.  i will try cck

 

[Berta]

Please scan and attach your decision to include the rating sheet or any rating info and also include the Evidence list.

And cover your C file # prior to scanning it.

Some lawyers ,Both of above are very good, depend on paralegals triaging their emails etc.

I did that for 7 years when I worked for lawyers so best to call the firm your self- if their email contacct comes back as negative for your claim.

The lawyer  might have never even seen the email or on line chat-

If I am not here someone will definitely help you.

 

[Grilla79]

not sure what a c file number is by i think ive removed all the PII.  So -there's no upload document function, or am i just missing it.  

 

found the upload but the pdf looks pretty funky.  is there a better wa - like convert the pdf to word.

 

lots of odd stuff in the decision but to strt with, all my joint claims were like left hand and fingers condition/pain, right ankle condition/pain.  WHere they came up with the various sprains and strains -well it had to be the c &P.  ;looks like the biggest gig was denting on the basis that these were diagnosed conditions, not undiagnosed.  wondering if i would have done better submitting them all under autoimmune inflammatory arthritis since i do have that diagnosis from my rheumatologist.  I guess i will let the lawyers i hire for the appeal figure that all out

 

 

 

 

 

 

 

 

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration Regional Office

 

 

Rating Decision 03/04/2022

 

 

INTRODUCTION

 

The records reflect that you are a Veteran of the Gulf War Era and Peacetime. You served in the Air Force from November 18, 1983 to June 30, 1990, from September 10, 2001 to September 11,

2001, from September 9, 2006 to February 23, 2007, from May 1, 2008 to October 17, 2008,

from January 21, 2009 to April 3, 201 I and from June 24, 2011 to November 20, 2011. You filed a new claim and a claim for increased evaluation that was received on November 15, 2021.

Based on a review of the evidence listed below, we have made the following decision(s) on your claim.

 

 

DECISION

 

1.  Evaluation of degenerative arthritis, lumbar spine (claimed as low back condition/pain), which is currently 10 percent disabling, is increased LO 20 percent effective November 16, 2020.

 

2.  Service connection for radiculopathy, left lower extremity sciatic nerve is granted with an evaluation of 10 percent effective November 16, 2020.

 

3.  Evaluation of radiculopathy, right lower extremity sciatic nerve, which is currently 10 percent disabling, is continued.

 

4.  Evaluation of hiatal hernia (also claimed as GERD), which is currently 10 percent disabling, is

 

 

 

 

 

continued.

 

5.  Service connection for left ankle strain is denied.

 

6.   Service connection for left chronic wrist sprain is denied.

 

7.  Service connection for left foot degenerative arthritis with posterior calcaneal spur is denied.

 

8.   Service connection for left knee strain is denied.

 

9.   Service connection for right ankle strain is denied.

 

10. Service connection for right chronic wrist sprain is denied.

11. Service connection for right foot hammer toes with posterior calcaneal spur is denied.

 

12.  Service connection for right hand degenerative arthritis is denied.

 

13.  Service connection for right hip strain is denied.

 

14.  A_ decision on entitlement to compensation for left hand degenerative arthritis is deferred.

 

15.  A decision on entitlement to compensation for left hip strain is deferred.

 

16.  A decision on entitlement to compensation for right knee strain is deferred.

 

 

EVIDENCE

 

•         Service Treatment Records, received September 11, 1993 and December 28, 2014, for multiple periods of service between November 18, 1983 to November 20, 2011

•         DD Form 214, Certificate of Release or Discharge from Active Duty, received April 8, 1991, September 11, 1993, November 13, 2012, December 28, 2014 and July 14, 2016, for multiple periods of service between November 18, 1983 to November 20, 2011

•      VA Form 21-0966, Intent To File A Claim For Compensation and/or Pension, or Survivors Pension and/or DIC, received November 16, 2020

•      VA Form 21-526 EZ: Application for Disability Compensation and Related Compensation Benefits, received November 15, 2021

•         Private Treatment Records with supporting evidence, received November 15, 2021 and January 26, 2022

•         VA Fotm 21-4138, Statement in Support of Claim, received November 15, 2021                 .

•         Back (Thoracolurnbar Spine) Conditions Disability Benefit Questionnaire, YES-Contractor, conducted December 8, 2021

•          Knee and Lower Leg Conditions Disability Benefit Questionnaire, YES-Contractor,

 

05BZ303300085200080014 026682

 

 

 

conducted December 8, 2021

•         Hand and Finger Conditions Disability Benefit Questionnaire, YES-Contractor, conducted December 8, 202 J

•         Wrist Conditions Disability Benefit Questionnaire, YES-Contractor, conducted  December 8,

2021

•         Ankle Conditions Disability Benefit Questionnaire, YES-Contractor, conducted December 8, 2021

•         Esophageal Conditions (Including gastroesophageal reflux disease (GERD), hiatal hernia and other esophageal disorders) Disability Benefit Questionnaire, VES-Contractor, conducted December 8, 2021

•          Foot Conditions, including Flatfoot (Pes Planus) Disability Benefit Questionnaire, VES­

Contractor, conducted December 8, 2021

•         Hip and Thigh Disability Benefit Questionnaire, YES-Contractor, conducted December 8, 2021

•          Gulf War General Medical Examination for Compensation Disability Benefit Questionnaire, YES-Contractor, conducted December 8, 2021

•         YAlv[C (Veterans Affairs Medical Center) treatment records, Washington, for the period September 2016 to October 2021

 

 

REASONS  FOR OECIS[ON

 

1.  Evaluation of degenerative arthritis, lumbar spine (claimed as low back condition/pain) currently evaluated as 10 percent disabling.

 

The evaluation of degenerative arthritis, lumbar spine is increased to 20 percent disabling effective November 16, 2020. (38 CFR 4.1, 38 CFR 3.400)

 

The effective date of this grant is November 16, 2020. The increased evaluation has been established from the day VA received your intent to file (ITF) a claim for compensation. (38 CFR 3.155, 38 CFR 3.400)

 

We have assigned a 20 percent evaluation for your degenerative arthritis, lumbar spine based on:

•  Forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees

 

Additional symptom(s) include:

•  Combined range of motion of the tboracolumbar spine greater than 120 degrees but not greater than 235 degrees

•  Objective evidence of flare-ups

•   Painful motion

 

The provisions of 38 CFR §4.40 and §4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in DeLuca v. Brown and Mitchell v. Shin:>eki, have been considered and were applied based on additional joint limitation.

 

 

 

 

A.higher evaluation of 40 percent is not warranted for diseases and injuries of the thoracolumbar spine unless the evidence shows:

•   Favorable ankylosis of the entire thoracolumbar spine; or,

•  Forward flexion of the thoracolumbar spine 30 degrees or less. (38 CFR 4.7la)

 

2.  Service connection for radiculopathy, left lower extremity sciatic nerve as secondarv to the service-connected disability of de2enerative arthritis, lumbar spine.

 

Service connection for radiculopathy, left lower extremity sciatic nerve has been established as related to the service-connected disability of degenerative arthritis, lumbar spine. (38 CFR 3.303, 38 CFR 3.310)

 

The effective date of this grant is November 16, 2020. Service connection has been established from the day VA received your intent to file (ITF) a claim for compensation. When a claim of service connection is received more than one year after discharge from active duty, the effective date is the date VA receives the intent to file when a prescribed form is received within a year of the ITF. (38 CFR 3.155, 38 CFR 3.400)

 

An evaluation of 10 percent is assigned from November 16, 2020.

 

We have assigned a 10 percent evaluation for your radiculopatby, left lower extremity sciatic nerve based on:

•   Mild incomplete paralysis (38 CFR 4.124a)

 

A higher evaluation of20 percent is not warranted for paralysis of the sciatic nerve unless the evidence shows nerve damage is moderate. (38 CFR 4.120, 38 CFR 4.124a)

 

3.  Evaluation of radiculopathy. right lower extremity sciatic nerve currentlv evaluated as 10 percent disabling.

 

We reviewed the evidence received and detennined your service-connected condition hasn't increased in severity sufficiently to warrant a higher evaluation.

 

The evaluation of radiculopathy, right lower extremity sciatic nerve is continued as 10 percent disabling.

 

We have assigned a 10 percent evaluation for your sciatica, right lower extremity based on:

•  Mild incomplete paralysis (38 CFR 4.124a)

 

A higher evaluation of 20 percent is not warranted for paralysis of the sciatic nerve unless the evidence shows nerve damage is moderate. (38 CFR 4.120, 38 CFR 4.124a)

 

4.  Evaluation of hiatal hernia (also claimed as GERD) currently evaluated as 10 percent disabling.

 

 

 

 

 

05BZ303300085200090014 026684

 

 

 

We reviewed the evidence received and determined your service-connected condition hasn't increased in severity sufficiently to warrant a higher evaluation.

 

The evaluation of hiatal hernia is continued as 10 percent disabling.

 

We have assigned a 10 percent evaluation for your hiatal hernia based on:

•  Arm pain

•  Pyrosis (Heartburn and/or Reflux)

• Regurgitation

• Substcrnal pain

 

A higher evaluation of 30 percent is not warranted for gastroesophageal reflux disease (gerd) unless the evidence shows:

•  Persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain, productive of considerable impairment of health. (38 CFR 4.114, 38 CFR 4.113)

 

5.  Service connection for left ankle strain as due to an undiagnosed illness.

 

The "Persian Gulf War Veterans' Benefits Act" authorizes VA to compensate any Gulf veteran suffering from a "qualifying chronic disability," resulting from an undiagnosed illness or combination of undiagnosed illnesses, appearing either during active duty in the Southwest Asia theater of operations during the Gulf War, or to a degree of 10 percent or more within a presumptive period following service in the theater. Section 202 of the "Veterans Education and Benefits Expansion Act of 200 l" expanded the definition of "qualifying chronic disability" to include (1) a medically unexplained chronic multi-symptom illness (such as chronic fatigue syndrome, fibromyalgia, and functional gastrointestinal disorders) that is defined by a cluster of signs or symptoms; and (2) any diagnosed illness that the Secretary of the VA determines in regulations warrants a presumption of service-connection. To fulfill the requirement for cbronicity. the claimed illness must have persisted for a period of 6 months. The 6-month period of cbronicity is measured from the earliest date on which all pertinent evidence establishes that the signs or symptoms of the disability first became manifest. (38 CFR 3.317)

 

Your service treatment records do not contain complaints, treatment, or diagnosis for this condition.

 

Service connection for left ankle strain is denied because this disability is determined to result from a known clinical diagnosis ofleft ankle strain, which, under current law, is not a qualifying disability associated with Gulf War service. Further, the condition was not incurred in or aggravated by service. (38 CFR 3.317, 38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.306)

 

Favorable Findings identified in this decision:

 

You have been diagnosed with a disability. VA examination conducted on December 8, 2021 confirms a current diagnosis of left ankle strain.

 

 

 

 

6.  Service connection for left chronic wrist sprain as due to an undiau;nosed ill css.

 

The"Persian Gulf War Veterans' Benefits Act" authorizes VA to compensate any Gulf veteran suffering from a "qualifying chronic disability," resulting from an undiagnosed illness or combination of undiagnosed illnesses, appearing either during active duty in the Southwest Asia theater of operations during the Gulf War, or to a degree of l O percent or more within a presumptive period following service in the theater. Section 202 of the "Veterans Education and Benefits Expansion Act of 2001" expanded the definition of "qualifying chronic disability" to include (l) a medically unexplained chronic multi-symptom illness (such as chronic fatigue syndrome, fibromyalgia, and functional gastrointestinal disorders) that is defined by a cluster of signs or symptoms; and (2) any diagnosed illness that the Secretary of the VA determines in regulations warrants a presumption of  service-connection. To  fulfill the  requirement for chronicity, the claimed illness must have persisted for a  period of  6 months. The 6-month  period of chronicity is  measured  from the earliest date on which all  pertinent evidence establishes that the signs or symptoms of the disability first became manifest. (38 CFR 3.317)

 

Your service treatment records do not contain complaints, treatment, or diagnosis for this condition.

 

Service connection for left chronic wrist sprain is denied because this disability is determined to result from a known clinical diagnosis of left wrist sprain, which, under current law, is not a qualifying disability associated  with Gulf War service. Further, the condition  was not incurred  in or aggravated by service. (38 CFR 3.317, 38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.306)

 

Favorable Findings identified in this decision:

 

You have been diagnosed with a disability. VA examination conducted on December 8, 2021 confirms a current diagnosis of left chronic wrist sprain.

 

7.  Service connection for left foot dee;enerative arthritis with posterior calcaneal spur as due to an undiagnosed illness.

 

The "Persian Gulf War Veterans' Benefits Act" authorizes VA to compensate any Gulf veteran sufTering from a "qualifying chronic disability," resulting from an undiagnosed illness or combination of undiagnosed illnesses, appearing either during active duty in the Southwest Asia theater of operations during the Gulf War, or to a degree of  10 percent or more within a presumptive period following service in the theater. Section 202 of the "Veterans Education and Benefits Expansion Act of 2001" expanded the definition of "qualifying chronic disability'' to include (1) a medically unexplained chronic multi-symptom illness (such as chronic fatigue syndrome, fibromyalgia, and functional gastrointestinal disorders) that is defined by a cluster of signs or symptoms; and (2) any diagnosed illness that the Secretary of the VA determines in regulations  warrants a presumption  of service-connection. To fulfill the  requirement for chronicily, the claimed illness must haye persisted for a period of 6 months. The 6-month period of chronicity is  measured from the earliest date on which all  pertinent evidence establishes  that the signs or symptoms of the disability first became manifest. (38 CFR 3.317)

 

 

 

 

 

 

05BZ303300085200100014 026686

 

 

 

 

Your service treatment records do not contain complaints, treatment, or diagnosis for this condition.

 

Service connection for left foot degenerative arthritis with posterior calcaneal spur is denied because this disability is detennined to result from a known clinical diagnosis of left foot degenerative artlu·itis wilh posterior calcaneal spur, which, under current law, is not a qualifying disability associated with Gulf War service. Further, the condition was not incurred in or aggravated by service. (38 CFR 3.317, 38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.306)

 

Service connection may be granted on a presumptive basis for left foot hand degenerative arthritis if this condition is manifested to a compensable degree (severe enough to be evaluated at least 10 percent disabling) within a certain period after military discharge. As the medical evidence fails to show a diagnosis of left foot degenerative arthritis within the time period specified under 38 CFR 3.307, service connection on a presumptive basis must be denied. (38 CFR 3.303, 38 CFR 3.307, 38 CFR 3.309)

 

Favorable Findings identified in this decision:

 

You have been diagnosed with a disability.VA examination conducted on December 8, 2021 confirms a current diagnosis of left foot degenerative arthritis with posterior calcaneal spur.

 

The claimed disability of left foot degenerative arthritis is a chronic disease which may be presumptively linked to your military service.

 

You have sufficient service to meet the minimum requirements for presumptive service connection. Records show you served in the Air Force for multiple periods between November 18, 1983 to        ovember 20, 2011.

 

8. Service connection for left knee strain as due to an undiagnosed illness.

 

The "Persian Gulf War Veterans' Benefits Act" authorizes VA to compensate any Gulf veteran suffering from a "qualifying chronic disability," resulting from an undiagnosed illness or combination of undiagnosed illnesses, appearing either during active duty in the Southwest Asia theater of operations during the Gulf War, or to a degree of 10 percent or more within a presumptive period following service in the theater. Section 202 of the "Veterans Education and Benefits Expansion Act of 200l" expanded the definition of "qualifying chronic disability" to include ( L) a medically unexplained chronic multi-symptom illness (such as chronic fatigue syndrome, fibrornyalgia, and functional gastrointestinal disorders) that is defined by a cluster of signs or symptoms; and (2) any diagnosed illness that lhe Secretary of the VA determines in regulations warrants a presw11ption of service-connection. To fulfill the requirement for chronicity, the claimed illness must have persisted for a period of 6 months. The 6-month period of chronicity is measured from the earliest date on which all pertinent evidence establishes that the signs or symptoms of the disability first became manifest. (38 CFR 3.317)

 

Your service treatment records do not contain complaints, treatment, or diagnosis for this

 

 

 

 

 

condition.

 

Service connection for left knee strain is denied because this disability is determined to result from a known clinical diagnosis of left knee strain, which, under current law, is not a qualifying disability associated with Gulf War service. Further, the condition was not incurred in or aggravated by service. (38 CFR 3.317, 38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.306)

 

Favorable Findings identified in this decision:

 

You have been diagnosed with a disability. VA examination conducted on December 8, 2021 confirms a current diagnosis of left knee strain.

 

9.  Service connection for right ankle strain as due to an undiagnosed illness.

 

The "Persian Gulf War Veterans' Benefits Act" authorizes VA to compensate any Gulf veteran suffering from a "qualifying chronic disability," resulting from an undiagnosed illness or combination of undiagnosed illnesses, appearing either during active duty in the Southwest Asia theater of operations during the Gulf War, or to a degree of 10 percent or more within a presumptive period following service in the theater. Section 202 of the "Veterans Education and Benefits Expansion Act of 2001" expanded the definition of "qualifying chronic disability" to include (1) a medically unexplained chronic multi-symptom illness (such as chronic fatigue syndrome, fibromyalgia, and functional gastrointestinal disorders) that is defined by a cluster of signs or symptoms; and (2) any diagnosed illness that the Secretary of the VA determines in regulations warrants a presumption of service-connection. To fulfill the requirement for chronicity, the claimed illness must have persisted for a period of 6 months. The 6-montb period of chronicity is measured from the earliest date on which all pertinent evidence establisbes that the signs or symptoms of the disability first became manifest. (38 CFR 3.317)

 

Your service treatment records do not contain complaints, treatment, or diagnosis for this condition.

 

Service connection for right ankle strain is denied because this disability is determined to result from a known clinical diagnosis ofright ankle strain, which, under current law, is not a qualifying disability associated with Gulf War service. Further, the condition was not incurred in or aggravated by service. (38 CFR 3.317, 38 CFR 3.3.03, 38 CFR 3'.304, 38 CFR 3.306)

 

Favorable Findings identified in this decision:

 

You have been diagnosed with a disability. VA examination conducted on December 8, 2021 confirms a current diagnosis of right ankle strain.

 

10. Service connection for right chronic wrist sprain as due to an undiagnosed illness.

 

The "Persian Gulf War Veterans' Benefits Act" authorizes VA to compensate any Gulf veteran suffering from a "qualifying chronic disability," resulting from an undiagnosed illness or

 

 

 

 

05B2303300085200110014 026688

 

 

 

combination of undiagnosed illnesses, appearing either during active duty in the Southwest Asia theater of operations during the Gulf War, or to a degree of 10 percent or more within a presumptive period following service in the theater. Section 202 of the "Veterans Education and Benefits Expansion Act of200 I" expanded the definition of "qualifying chronic disability" to include (1) a medically unexplained chronic multi-symptom illness (such as chronic fatigue syndrome, fibromyalgia, and functional gastrointestinal disorders) that is defined by a cluster of signs or symptoms; and (2) any diagnosed illness that the Secretary of the VA determines in regulations warrants a presumption of service-connection. To fulfill the requirement for chronicity, the claimed illness must have persisted for a period of 6 months. The 6-month period of chronicity is measured from the earliest date on which all pertinent evidence establishes that the signs or symptoms of the disability first became manifest. (38 CFR 3.317)

 

Your service treatment records do not contain complaints, treatment, or diagnosis for this condition.

 

Service connection for right chronic wrist sprain is denied because this disability is determined to result from a known clinical diagnosis of right wrist sprain, which, under current law, is not a qualifying disability associated with Gulf War service. Further, the condition was not incwred in or aggravated by service. (38 CFR 3.317, 38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.306)

 

Favorable Findings identified in this decision:

 

You have been diagnosed with a disability. VA examination conducted on December 8, 2021 confirms a current diagnosis of right chronic wrist sprain.

 

11.  Service connection for ri ht foot hammer toes with posterior calcaneal spur as due to an undiagnosed illness.

 

The "Persian Gulf War Veterans' Benefits Act" authorizes VA to compensate any Gulf veteran suffering from a "qualifying chronic disability," resulting from an undiagnosed illness or combination of undiagnosed illnesses, appearing either during active duty in the Southwest Asia theater of operations during the Gulf War, or to a degree of 10 percent or more within a presumptive period following service in the theater. Section 202 of the "Veterans Education and Benefits Expansion Act of 2001" expanded the definition of "qualifying chronic disability" to include (I) a medjcally unexplained chronic multi-symptom illness (such as chronic fatigue syndrome, fibromyalgia, and functional gastrointestinal disorders) that is defined by a cluster of signs or symptoms; and (2) any diagnosed illness that the Secretary of the VA determines in regulations warrants a presumption of service-connection. To fulfill the requirement for chronicity, the claimed illness must have persisted for a period of 6 months. The 6-month period of chronicity is measured from the earliest date on which all pertinent evidence establishes that the signs or symptoms of the disability first became manifest. (38 CFR 3.317)

 

Your service treatment records do not contain complaints, treatment, or diagnosis for this condition.

 

 

 

 

Service connection for right foot hammer toes with posterior calcaneal spur is denied because this disability is determined to result from a known clinical diagnosis of right foot hammer toes with posterior calcaneal spur, which, under current law, is not a qualifying disability associated with Gulf War service. Further, the condition was not incurred in or aggravated by service. (38 CFR3.317, 38 CFR3.303, 38 CFR3.304, 38 CFR 3.306)

 

Favorable Findings identified in this decision:

 

You have been diagnosed with a disability. VA examination conducted on December 8, 2021 confirms a current diagnosis of right foot hammer toes with posterior calcaneal spur.

 

12.  Service connection for right hand degenerative arthritis as due to an undiagnosed illness.

 

The "Persian Gulf War Veterans' Benefits Act" authorizes VA to compensate any Gulf veteran suffering from a "qualifying chronic disability," resulting from an undiagnosed illness or combination of undiagnosed illnesses, appearing either during active duty in the Southwest Asia theater of operations during the Gulf War, or to a degree of 10 percent or more within a presumptive period following service in the theater. Section 202 of the "Veterans Education and Benefits Expansion Act of 2001" expanded the definition of "qualifying chronic disability" to include (1) a medically unexplained chronic multi-symptom illness (such as chronic fatigue syndrome, fibromyalgia, and functional gastrointestinal disorders) that is defined by a cluster of signs or symptoms; and (2) any diagnosed illness that the Secretary of the VA determines in regulations warrants a presumption of service-connection. To fulfill the requirement for cbronicity, the claimed illness must have persisted for a period of 6 months. The 6-month period of chronicity is measured from the earliest date on which all pertinent evidence establishes that the signs or symptoms of the disability first became manifest. (38 CFR 3.317)

 

Your service treatment records do not contain complaints, treatment, or diagnosis for this condition.

 

 

Service connection for right hand degenerative arthritis is denied because this disability is detennined to result from a known clinical diagnosis of right hand degenerative arthritis, which, under current law, is not a qualifying disability associated with Gulf War service. Further, the condition was not incurred in or aggravated by service. (38 CFR 3.3l 7, 38 CFR 3.303, 38 CFR

3.304, 38 CFR 3.306)

 

Service connection may be granted on a presumptive basis for right hand degenerative arthritis if this condition is manifested to a compensable degree (severe enough to be evaluated at least l 0 percent disabling) within a certain period after military discharge. As the medical evidence fails to show a diagnosis of right hand degenerative arthritis within the time period specified under 38 CFR 3.307, service connection on a presumptiye basis must be denied. (38 CFR 3.303, 38 CFR 3.307, 38 CFR 3.309)

 

I) '

 

 

Favorable Findings identified in this decision:

 

 

 

 

 

05BZ303300085200120014 026690

 

 

 

You have been diagnosed with a disability. VA examination conducted on December 8, 2021 confinns a current diagnosis of right hand degenerative arthritis.

 

The claimed disability of right hand degenerative arthritis is a chronic disease which may be presumptively linked to your milita1y service.

 

You have sufficient service to meet the minimum requirements for presumptive service connection. Records show you served in the Air Force for multiple periods between November 18, 1983 to November 20,  2011.

 

13. Service connection for ri2ht hip strain as due to an undiagnosed illness.

 

The "Persian Gulf War Veterans' Benefits Act" authorizes VA to compensate any Gulf veteran suffering from a "qualifying chronic disability," resulting from an undiagnosed illness or combination of undiagnosed illnesses, appearing either during active duty in the Southwest Asia theater of operations during the Gulf War, or to a degree of IO percent or more within a preswnptive period following service in the theater. Section 202 of the "Veterans Education and Benefits Expansion Act of 200 l" expanded the definition of "qualifying chronic disability" to include (1) a medically unexplained chronic multi-symptom illness (such as chronic fatigue syndrome, fibromyalgia, and functional gastrointestinal disorders) that is defined by a cluster of signs or symptoms; and (2) any diagnosed illness that the Secretary of the VA determines in regulations warrants a presumption of service-connection. To fulfill the requirement for chronicity, the claimed illness must have persisted for a period of 6 months. The 6-month period of chronicity is measured from the earliest date on which all pertinent evidence establishes thal the signs or symptoms of the disability first became manifest. (38 CFR 3.317)

 

Your service treatment records do not contain complaints, treatment, or diagnosis for this condition.

 

Service connection for right hip strain is denied because this disability is determined to result from a known clinical diagnosis ofright hip strain, which, under current law, is not a qualifying disability associated with Gulf War service. Further, the condition was not incurred in or aggravated by service. (38 CFR 3.317, 38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.306)

 

Favorable Findings identified in this decision:

 

You have been diagnosed wilh a disability. VA exam conducted on December 8, 2021 confirms a cu1Tent diagnosis of right hip strain.

 

14.  Compensation for left hand degenerative arthritis.

 

The issue of compensation for left hand degenerative arthritis is deferred for the following information: medical opinion

 

15.  Compensation for left hip strain.

 

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The issue of compensation for left rup strain is deferred for the following information: medical opinion

 

16. Compensation for right knee strain.

 

The issue of compensation for right knee strain is deferred for the following information:

medical opinion

 

 

 

REFERENCES:

 

Title 38 of the Code of Federal Regulations, Pensions, Bonuses and Veterans' Relief contains the regulations of the Department of Veterans Affairs which govern entitlement to aU Veteran benefits. For additional information regarding applicable laws and regulations, please consult your local library, or visit us at our website, www.va.gov.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

VAdecision20220314_Redacted[7111].pdf

Edited March 16, 2022 by Grilla79

[Grilla79]

wow.  today on VA.gov i see they closed the notice for request 3.  Closure of requests 1 and 2 were followed in by a C&P appt about 5 days after.

 

Edited March 24, 2022 by Grilla79