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 vjones3 |
Gulf War Undiagnosed Illnesses Claim |
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VBNerPosts: 14 03/16/08 18:36:32 |
Hello,
Just wondering if anyone has any luck with their claims for undiagnosed illnesses and the presumptive period. Thanks! |
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Rob12Ret |
#1 | |||
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Posts: 4257 04/03/08 17:12:13
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vjones,
I give you a bump, and hopefully some one will reply to your post!
robert
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vjones3 |
#2 | |||
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Rookie
VBNerPosts: 15 04/05/08 14:28:36 |
Thanks! I guess this is the answer to the question. No response means no success.
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prairiedog9a |
#3 | |||
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 Super Senior VBNerPosts: 4889 04/07/08 17:22:06 |
vjones3, Welcome to the VBN family. This is the best site of its kind.
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usmc one |
Unidiagnosed Illnesses? Yes. 40% | #4 | ||
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Rookie
VBNerPosts: 35 04/16/08 19:57:47 |
Just saw your post today (4/16/08). Yes, I receive 40% for "Undiagnosed Illnesses" presumptive to
the Persian Gulf War. I have a myriad of neurological problems along with symptoms that very closely resemble Chronic Fatigue Syndrome. The VA put me through
a number of tests but was unable to come up with a definitive diagnosis. So because many of these symptoms are covered under the related law: "TITLE 38 > PART II > CHAPTER
11 > SUBCHAPTER II > § 1117. Compensation for disabilities occurring in Persian
Gulf War Veterans"...they ultimately awarded me 40% for it.
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marine0311 |
#5 | |||
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Rookie
VBNerPosts: 5 04/18/08 15:09:35 |
I am rated 10% for stomach issues. Most of my other conditions they say are stress related. I could file secondary but I wont give them the satisfaction of
blaming it on stress.
Good Luck! |
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vjones3 |
#6 | |||
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Rookie
VBNerPosts: 17 04/19/08 16:40:48 |
Thank you very much for your response. I have pretty much all of the same symptoms (joint pain, rash, muscle ache, gi problems etc) but no diagnoses. I've
been denied a claim for undiagnosed illness but recently appealed that decision. I am continuing to visit the VA for my problems and planning on seeing some
private doctors due to fact that nothings changed and I am getting worse. Being non-SC'd the bills continue to rise for office visits.
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Gunsmith65 |
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Posts: 119 05/07/08 19:02:28 |
Vjones3,
Provide them the proof that you were in the gulf. Then indicate where you are being treated at for your symptoms. If those two things are proven. Then it falls to the presumptive statement. I have been seen for the past year for joint and muscle pain, GI problems, fatgue, etc. The VA ran tests and could find nothing wrong. According to the tests I am fine and healthy. I finally saw a Rheumetologist. He Dx'd me with Fibromyalgia. I was in the gulf, proved it. Indicated where I was seen and got a rating at 20%. It also depends on how long the symptoms have been there. I think six months is the point where they start recognizing it as possible GWI. Fibro falls under the GWI umbrella. Lots of symptoms with no explanation. Keep at it and you will get the rating. |
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LOGANCLAW |
GULF WAR UNDIAGNOSED ILLNESS CLAIM | #8 | ||
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VBNerPosts: 1 05/08/08 13:31:28 |
Hello,
New to these boards. I was in the Gulf War and have been diagnosed with Hypothyroidism (chronically fatigued), GERD, Sleep apnea (with CPAP machine), bursitis, joint pain, etc. I have recently started the process for VA claim but also trying to understand rules for GULF WAR UNDIAGNOSED ILLNESS CLAIMs also. Hypothrioidism has been diagnosed as cause of fatigue and sleep apnea cause of sleep disturbances. Can't the dots be connected to Gulf War? Doesn't the VA try to do this? Thanks. Paul 
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 mprise |
#9 | |||
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Posts: 1833 05/08/08 14:52:14
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Paul, welcome to the VBN family
I don't know your answer, but someone will be along to answer. Mary 
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smcskivvy |
#10 | |||
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Posts: 25 05/09/08 17:14:07 |
Hey Scopedope,
I just saw your picture Senior, Sorry Mary I couldn't resist, it felt so good to say that. FAFS, smcskivvy/flags |
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Shell1012 |
Please help | #11 | ||
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Rookie
VBNerPosts: 1 05/16/08 12:54:11 |
This is the first time I have written but have been reading this form for over a year now. I don't even know where to start but I will try to briefly
explain all the important factors.. I am the mother of a disable vet. Currently 70% depression and anxiety with secondary symptoms of gi problems. He has so
much anxiety about this whole thing I can barley get him to talk let alone be active in this whole VA cluster. Brief history, he was in the reserves and was
call up, he had 2 months left of college and had not completed his combat training so his unit went to Iraq and he went for training. While there he received
all his immunazations to be deployed after. He was never deployed, discharged with depression and anxiety, soon after he developed a saveer cronic gi
problem. He was discharged 5 years ago and started to receive disability 10 months ago. His GI problems are so savere that 2-3 times a year he has to be
hospitalized with saver vometing for 10-12 staight hours. In between his hospitalations he gets sick every morning. He has had so many tests and doctors but
no one can diagnose this. After 2 years we realized this was not going away and something is going on here, I started doing my own research, hours and hours
and hours. The end result was that he has all the symptoms of Advers Reactions to the Anthrax. So I then started doing research as to where I could take him
because none of the savillian drs or VA docs know anything (or don't want to know anything)about this subject. Long story short I found a doc that is an
expert, she has done her own research for over 10 years. I know this is a very controversal issue for the VA but when you have a son that is so sick for so
long, you want answers. After an extensive 10 hour examination she said that yes it is a very high probably that Anthrax is the problem here.
OK our hugh delema. I think that instead of this being a secondaty issue it should have it's own rating (or at least try) So which way would be the best way to try 1)Anthrax which the Government hasn't admitted to or 2) undiagnosed, the problem with this is because it states in code 38 that you have to be in the theater but it also state in 38-part II chapter 11 "" or preventive medicine or vaccine known or presumed to be associated with service in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War"" Can anyone please give me some advise?
Your Signature ... Shelly
Last Edited By: Shell1012 05/19/08 13:32:37.
Edited 3 times.
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usmc one |
Response to vjones3, loganclaw and Shell1012 | #12 | ||
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VBNerPosts: 36 05/19/08 20:19:01 |
I was awarded 40% for "undiagnosed illnesses" in a roundabout way. I never directly applied for "undiagnosed illness". Instead I applied
in each of the areas where I have problems; neurological (blurry vision and problems with my mental "alertness"), GI problems (upper and lower),
constant sore muscles (always feels like I just did a huge workout), stiff and painful joints (though I do not have arthritis), fatigue, ,,, etc. etc. When
the VA examined me in all of these areas and could not arrive at a diagnosis, they grouped it all together and called it "undiagnosed illnesses".
They saw enough evidence to prove that I do have real symptoms, they just never figured out what it is. It was THEY who made the determination it was
"undiagnosed illnesses", not me. So I think you need to focus on reporting each of your symptoms and let them (VA) work through trying to diagnose
it, not you. It's a doctors job to diagnose, not the patient's. If after they examine you and can't come up with any diagnoses, THEN you have a
case for appeal if they don't award you "undiagnosed illnesses".
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Shell1012 |
#13 | |||
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Rookie
VBNerPosts: 2 05/20/08 09:54:23 |
Thank you so much for your response. I would like to say that he has been going to doctors and being hospitalized for over 4 years and so far they cannot
diagnose this. Would all this medical history and no diagnoses be considered "undiagnosed Illness" ......So when he sends in his NOD he should just
list all his symptoms? Will they order there own doctors exam and make a determination off of one exam? Or do they read through all the medical records that
exists They couldn't possibly make any kind of diagnosis off one exam (I wish they could)..... I thought you had to list a category when you send in an
appeal, that would be great if all he had to do is list all his symptoms and let them decide how to classify it, not have to prove any category......I would
like to know more about your GI symptoms and have you found anything that has helped?
Thanks again for all your help
Your Signature ... Shelly
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usmc one |
#14 | |||
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Rookie
VBNerPosts: 37 05/21/08 20:23:23 |
Shell1012 -
I would definitely recommend that you send in the NOD letter. In it you can nudge them in the right direction by "suggesting" that they consider awarding him disability under "Undiagnosed Illness", given that his symptoms so closely parrallel those listed in the applicable law (see link below). Make sure that the VA has copies of all the related medical records you can get your hands on. I would like to think that after evaluating all the evidence, and since none of the doctors have been able to pin this down to any illness(es), they should give him the benefit of the doubt....but not all Claims Administrators are the same. I'll tell you this.....Regardless of how this goes...DO NOT GIVE UP. You can appeal, you can also get your Congressman involved....you have lots of rights of due process...but you have to be prepared to hang in there for the long run (remember all awards are retroactive to the date of application)...the ones who don't prevail are the ones who give up the fight. Don't.... he's worth the fight... The LAW!!!: link: http://www4.law.cornell.edu/uscode/38/1117.html (g) For purposes of this section, signs or symptoms that may be a manifestation of an undiagnosed illness or a chronic multisymptom illness include the following: |
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usmc one |
GI Symptoms.... | #15 | ||
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Rookie
VBNerPosts: 38 05/21/08 20:30:55 |
Shell1012.....forgot to answer your question about whether or not anything can help with the GI problems. Unfortunately I haven't found anything that
helps my symptoms. But they do tend to be cyclic in nature - sometimes I can go for weeks not having any discomfort or pain, then bam, my system goes all to
heck and feel like crap for a number of weeks. I'm not sure if I've mentioned that I have been diagnosed with having an "enterovirus" in my
GI system. It was discovered by Dr. John Chia (Torrance, CA) when he examined some tissue samples from a recent endoscopy and colonoscopy. He believes I have
Chronic Fatigue Syndrome (CFS) caused by this enterovirus. Google enterovirus and you can read up on it. As of now, no cure is known. Enterovirus can live
in your system for years and years, moving around to different organs and tissues all over the body...causing all kinds of problems.....
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marine0311 |
#16 | |||
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Rookie
VBNerPosts: 6 05/22/08 00:33:52 |
Remember the Words Presumptive!
Unless they have a Diagnosis and its in your health records repeatively they have no choice but to grant you the claim, they may deny your claim at first, but file NOD and remind them about the Presumptive Rule ! Never give into the VA, its sad but sometimes you have to fight them tooth and nail! Good Luck! |
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Shell1012 |
#17 | |||
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Rookie
VBNerPosts: 3 05/22/08 08:52:20 |
Thank you so much for your advise.....This has been such a hard time for my son and if you are going thru anything like my son, I am so sorry. He wants so bad to start a life but is unable to. He wants to work but can't. Are you working with this? If so, how? This advise has helped tremendusly. So many thought and rules are swarming around and have not been able to sort it all out. Just didn't know which way to tackle the VA. One of the big questions I have is that he was awarded 70% for depression and anxiety with secondary issues of GI problems with very little evidence because we didn't know what to include in the first application and the GI problem is really the most debilitating. I think the GI problem should be listed first (or does it even matter) From what I have been reading is that if you are rated 100% for mental disorders you have no hope of ever working and if you are rated 100% for a medical issue then you may be able to work at least part time. Is this a correct analogy?
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usmc one |
For Shell1012 | #18 | ||
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VBNerPosts: 39 06/02/08 20:43:54 |
Yes, I still work, but believe me I have days that I barely manage. Luckily I have a management job where I have quite a bit of flexibility, and a very understanding employer. It doesn't hurt that my work product is very good. After awhile you pretty much learn to live with constant pain and discomfort. Like I said, some days are better than others. The worst part for me is controlling pain meds so that I don't become addicted. I go on and off them frequently so that I don't totally rely on them. As to how to "tackle the VA".... the key is to be persistent. Don't sweat getting a denial in the mail from VA. It's standard operating procedure for them. Very seldom does the VA grant disability on the first go-around. Use the appeal process by filing a "Notice of Disagreement" (NOD) each time the VA denies something. This whole process takes time - maybe a couple of years - but don't worry because eventually when you win the effective date and payment is retroactive to the date you originally submitted the claim. Oh, and always be respectful in your letters to the VA. Being short or rude with them will not help your case at all. Always thank them for their consideration of your case, even when they deny your claim. As for the GI problem versus Psychological… I'm not an expert as to which should be the predominant claim. In my case I have a percentage for depression ….which in my case is caused by having to deal with so many other medical problems..so I guess my psychological disability would be considered secondary to the others. As far as his ability to work: As far as I know, if he eventually gets 100% based on "unemployability" then he is not allowed to work a full-time job (they have certain income restrictions). On the other hand, if he was to get 100% disabled but NOT unemployable, he could still work full time plus draw his 100% disability compensation. "Unemployability" is determined by the VA, based upon their opinion that you are not able to sustain gainful full-time employment. Hope this helps. Fight on…… USMCONE
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a vet inside the varoic |
#19 | |||
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Posts: 23 06/07/08 20:29:52 |
Shell1012:
For ANY and ALL answers to your questions regarding adverse reactions to the Anthrax Vaccine, there is only one person to talk to. The star of the 60 minutes special himself. He single handedly got the program suspended for several years. If you want his email address, I will gladly give it to you, but privately. Send me a private message and I'll get back to you. Good Luck!
Last Edited By: a vet inside the varoic 06/08/08 13:49:50.
Edited 1 time.
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pgwvet |
#20 | |||
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Posts: 34 06/07/08 20:42:48 |
vjones3 wrote: I have help some veterans get their comp do to GWI. You need to have a sevice office that kows the law and will fight hard for you.  Jim Bunker
VP National Gulf War Resource Center http://www.ngwrc.org Veterans Helping Veterans since 1995 |
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