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PACT Act

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Iron Mike

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Like Rowdy, I developed Asthma, COPD, Sinus issues, Rhinitis after Desert Storm-Shield with many problems. I have to have shots in the stomach every two weeks just to breathe.  The claim was filed in 1995. Not knowing what to call it, I wrote about the Environmental" waste land from Saudi, Kuwait and Iraq. I included some of the things the PACT Act now eludes too. Of course, it was denied. 

I filed again recently but didn't know whether to make this one a new claim or supplemental one. 

Anyone have advice? Point me in the right direct please. 

Thanks in advance.

 

Edited by Iron Mike
Forgot a sentence.
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Assuming the decision (denied) was more than a year ago, yes, file a supplemental claim.  Supplemental claims are generally used for a claim filed earlier.  

If awarded, and you dont like the effective date, appeal.  

Further, if NOT awarded, and you dont like the denial, also appeal. 

Always appeal within a year.  You may get lucky and not have to appeal because of the pact act.  Include all issues...copd, sinus, etc. that a doctor has diagnosed.  You can even apply for undiagnosed illnesses

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If it has been more than a year since last denial then this will be a new reopened claim with new evidence (hopefully) to file/reopen the claim and cite the PACT ACT if your conditions are listed in the ACT.  You will not need new evidence if conditions listed on the act but will need current diagnosis or treatment records from VA or private doc.

Again check the PACT ACT to see if one or all of your medical issues are on the list of presumptive medical conditions for the ACT.  If so then you need a current diagnosis from VA or private doctor and or treatment records for said conditions.

If you were diagnosed and/or treated in service for one or all of those medical issues then get copies of those records with or without aid of good VSO?? to submit with your claim for said condition/s.  This is especially important for direct service connection if the condition/s are not listed under the PACT ACT.

In service treatment/diagnosis of medical issues is strong supporting evidence for any disability claim along with copies of medication prescriptions for those conditions.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

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Edited by Dustoff1970
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