Finally...after 5 Years, Won Bva Appeal On My Own!

[GW1 Veteran]

Hello all!

I'm new to this forum as I've spent much of my time at the forums of American Gulf War Veterans Association helping other veterans understand similar issues as my own, and I only recently re-stumbled across this forum. So, I thought I would share the successes that I've had with the VA and the appeals I've filed over the years and won finally reaching a 100% schedular rating.

Back in the late 90s I was rated 20% for fibromyalgia (among several other conditions) instead of 40% becayse the VA based that ratings for fibromyalgia (FMS) differentiate between episodic and chronic. Well, I immediately filed a NOD which ended up as an appeal. My entire argument was based on medical facts that clearly categorize FMS as a chronic condition, i.e. there is nothing episodic about it. I provided letters from my spouse and VA primary care physician, in addition to tons of official medical resources outlining the diagnostic requirements for FMS and the medical definition of FMS. In the end, I was granted full benefits sought on appeal and ever since then I've been rated 40% for FMS. Anyone rated at 20% I recommend they appeal that rating for the 40% given the fact that the VA regulations governing the FMS rating is not only outdated but it is factually inconsistent with known medical research and definitions of what FMS is (chronic) and what it is not (episodic). That was my first appeal won on my own at the DRO de novo review level.

The next appeal I filed also concerned FMS where the VA lumps in irritable bowel syndrome (IBS) and sleep disorder (primary insomnia) into the same rating. This too is medically inaccurate, as both are coexisting but completely separate chronic conditions. The VA then tried to say my sleep disorder was associated to my depression/generalized anxiety rating, but they were wrong given the fact that my sleep disorder surpassed those conditions into a separate medical condition all its own. I was eventually denied by two different VA regional offices (over a 4+ year span) before it went to the BVA in D.C.; and it only took 3 months (which blew me away as I heard it could take years before a decision is ever reached) at the BVA for them to return a verdict agreeing with my arguments.

I provided letters from my spouse, VA primary care physician, statements from the C&P examiner, and tons of medical documentation substantiating my argument. Though it took a little more than 5 years, I won on my own. I maintained my 40% FMS rating and received a 30% rating for IBS and (sadly) 10% for the sleep disorder (apparently the VA does not have a specific diagnostic code/rating for primary insomnia since most ratings lump such a sleep disorder into other ratings - e.g. depression, etc.).

So, after 10 long years battling the VA and winning my own NOD's and appeals I finally reached 100% schedular this past year.

At present I am on vocational rehab finishing my second degree this year; then I will be back to work early next year. My first degree is an AAS in Paralegal studies and my BA I'm getting at the end of the year is in Criminology/Criminal Justice. My first goal upon graduation is applying for the VA, DVA, and other Veteran service organizations. With my own success and legal background I very much want to be an advocate for veterans filing disability claims; plan B is working either for the police or in family law helping women and children subjected to domestic violence. If plan B, I still plan on volunteering time to any veteran needing help making heads or tails of VA regulations and medical issues as they relate to the codes, laws, and regulations meeting the requirements of such in order to have a better argument towards getting their claim(s) approved. So, we'll see.

Anyhow, I just wanted to share my success story. I will take some time to read over the other threads and learn of the good news others have had in getting their claims approved.

Thanks!

GW1 Veteran

[Josh]

GW1

I think that is great.. Years at the grindstone and finally got what you were due. I too have been battling it out on my own for years and have the experienced and the grief and delerium waiting for them too answer.

Again, great news and now think about what you will do next.

If you are interested in moving to a warmer more stable environment, they the carribean area and you will find the price right,, Just a thought,, oh yes remember that you would need to learn another language. I have found that part fairly easy..

Take care

Josh

[Pete53]

GW1Veteran:

Welcome to Hadit and congrats on winning your claim on your own. Hadit can use your expertice.

Pete

[GW1 Veteran]

If you are interested in moving to a warmer more stable environment, they the carribean area and you will find the price right,, Just a thought,, Take care

Josh

Thanks for the reply! And, thanks for the suggestion. Lord knows it would help my FMS, among other conditions. However, my beautiful wife (who I met on the internet 9 years ago) is Canadian and we're moving to Buffalo, NY (where there is a huge VA hospital) to be closer to -her- home. She sacrificed a lot years ago to move here (the Pacific Northwest) to be with me, so it's time to move closer to her home.

However, that doesn't stop us from visiting your neck of the woods (er...water) B)

[jbasser]

Congratulations on a Job well done.

You were an Army MP. and you are 100% schedular in Voc Rehab.

Can you still perform the duties of a Police officer?

If so, your Veternas status and your MOS could get you a pretty good Job with the VA Police.

Just a thought.

Good Luck and Enjoy Niagra falls. I like the smallmouth bass there in the Niagra River.

[Ricky]

GW1 - what you have done is considered by all to be a GREAT win. This type of case has plaques GW vets since the 90's. Not to many people succeed in such a claim. Your strategy used to win will be invaluable to all GW vets. Way to go guy. Make sure you pass this on to every GW vet site out there.