What is best method for dealing with the VA regarding denied Gulf War benefits?

GySgt John Gardner — Thu, 20 Aug 2015 14:07:20 -0400

I have been denied twice regarding medical issues the VA currently treats me for. IBS, Sleep Apnea, Asthma,Fibromyalgia

Response by SGT Ben Keen made Aug 20 at 2015 2:09 PM

SGT Ben Keen — Thu, 20 Aug 2015 14:09:50 -0400

I would contact a Service Rep Officer. The VVA, VFW, DAV, and American Legion will all be able to assist you in finding one.

Response by SGT Marika Waiters made Aug 20 at 2015 2:14 PM

SGT Marika Waiters — Thu, 20 Aug 2015 14:14:35 -0400

Best of luck to you. I'd definitely say try to push to get to a WRIISC clinic! Great to get something definitive on paper. Other than that, I can only wish you luck & a Hella good VSO!

Response by CMSgt Mark Schubert made Aug 20 at 2015 2:46 PM

CMSgt Mark Schubert — Thu, 20 Aug 2015 14:46:03 -0400

Have you looked for articles on RP that offer help with the VA?
https://www.rallypoint.com/answers/need-help-with-the-va
There are LOTS!

Need help with the VA? | RallyPoint

Im limited in that my resources are for the vets in my county but...If you have va related questions, ask them here and i will try to help. I encourage ALL veterans to find and get to know their CVSO. That is County Veterans Service officer. We are a free to you resource not employed by the VA. We work for your local government and are usually very well versed in most yhings VA. Cant find yours? Let me know where you live..city & county...

Response by SGT John W Lugo made Aug 20 at 2015 2:48 PM

SGT John W Lugo — Thu, 20 Aug 2015 14:48:53 -0400

As Sgt.Keen mentioned, try those organizations because the VA can careless about your needs.

Response by PO1 Billy Williams made Aug 20 at 2015 4:50 PM

PO1 Billy Williams — Thu, 20 Aug 2015 16:50:18 -0400

Been fighting for 5 years nows keep on their A$$

Response by SPC Private RallyPoint Member made Aug 20 at 2015 6:11 PM

SPC Private RallyPoint Member — Thu, 20 Aug 2015 18:11:59 -0400

It's always important to have everything documented. It took me two years to get my rating (which is actually decent compared to other stories I've heard). Have copies of all your SMR's as well as backing evidence from a Private Doctor. The Regional Office will collect your MR's themselves if they're from the VA. Representation as well! There's lots of them out there!

Response by MAJ Keira Brennan made Aug 21 at 2015 1:35 AM

MAJ Keira Brennan — Fri, 21 Aug 2015 01:35:56 -0400

Gunny,
Let me take a LONG story and make it brief. I am both prior service and former AD. I had a crushed vertabrae in my neck while in law enforcement. I got called up for OEF 7 as a Reserve. I got to Ft Bragg and was like "are you our of your mind mobilizing me?" Army said "Shut the f up and pack up..." Did my duty on a reconstruction team. When I redeployed I was a mess. Had to go through the DoD and VA BS. COULD NOT manage my own case as an officer (yes LAUGH). VFW helped me tremendously. I am still a mess. I dont have Fibro but am in chronic pain. I have a 60% rating but really can't work. I am paying out-of-pocket/no reimbursement (no tricare) and seeing a specialist (physiatrist/rehab doc) who can conduct am independent eval. Going to set me back several $$$. Going to hand-carry it to the VFW. Please DONT GO IT ALONE. Best of luck!!!

Response by Cpl Tou Lee Yang made Aug 21 at 2015 1:49 AM

Cpl Tou Lee Yang — Fri, 21 Aug 2015 01:49:19 -0400

If none of your medical issue were documented while you were in the military you will not win no matter who represent you.

Response by SSgt Jeffrey Andrews made Aug 21 at 2015 1:15 PM

SSgt Jeffrey Andrews — Fri, 21 Aug 2015 13:15:10 -0400

You need a lawyer or the American Legion or VFW fighting for you. It took me many years before I smartened up and got representation.

Response by PFC Al Sethre made Aug 24 at 2015 5:07 PM

PFC Al Sethre — Mon, 24 Aug 2015 17:07:30 -0400

Documentation & representation

Response by MAJ Ron Peery made Aug 24 at 2015 6:22 PM

MAJ Ron Peery — Mon, 24 Aug 2015 18:22:18 -0400

I would ignore them, but that's just me.

Response by MAJ Ron Peery made Aug 24 at 2015 6:26 PM

MAJ Ron Peery — Mon, 24 Aug 2015 18:26:29 -0400

Sorry to hear you are having issues with them. Probably better off looking for medical help outside of the VA system, if you can afford it. VA service is spotty. Some of the hospitals have great reps and good people. Others......well, if you can't say anything good about folks, don't say anything.

Response by SSgt Ed Lewandowski made Aug 24 at 2015 6:37 PM

SSgt Ed Lewandowski — Mon, 24 Aug 2015 18:37:20 -0400

I ended finding a DR at the Cleveland clinic just to get the right care. After va refused to cat scan for possible more cancer.

Response by SGM Private RallyPoint Member made Aug 25 at 2015 2:12 PM

SGM Private RallyPoint Member — Tue, 25 Aug 2015 14:12:58 -0400

Gunny, you are in the same boat as thousands of us. Many of us are connected on Facebook through a variety of different groups. We try to work through something called the Gulf War Illness Research Advisory Committee (or just the RAC) to keep VA on it's toes. There is also a group called the National Gulf War Resource Center which has a ton of self-help guidance about how to do your claims to get all these kinds of illnesses and symptoms claimed. I've been working on mine for almost 8 years now, and I'm hoping it will be going to the Board of Veterans Appeals soon. It can seem like a nightmare, but you just have to keep pushing.

Undersecretary Hickey, in charge of the VBA, just agreed today to start doing a quality review of Gulf War Illness claims. She was shown with the VA's own numbers that they are denying claims like yours for illnesses that are based on the presumptive conditions listed in the law. We're confident her quality review will demonstrate the problem and we can get a better look.

Anyway, my suggestion is to get on Facebook and "friend" me at https://www.facebook.com/dr.dave.hatfield. I will connect you to the right group(s) and with the President of the NGWRC who can get you started with the claims help you need.

Dave Hatfield
SGM, US Army (Retired)

Response by SGT Brent Ellis made Aug 25 at 2015 2:27 PM

SGT Brent Ellis — Tue, 25 Aug 2015 14:27:51 -0400

Reach out to the National Gulf War Resource Center (NGWRC), they are leading the charge for Gulf War Vets and have made more progress than the major service organizations have. You can find them on Facebook or on their own website, NGWRC.org

Response by SFC Rich Carey made Aug 25 at 2015 3:07 PM

SFC Rich Carey — Tue, 25 Aug 2015 15:07:13 -0400

It is odd on how this whole process works. I did receive rating for those items. The biggest thing about the process is you are taking a medical issue and making it a legal process. It is all about how it is presented and if you get familiar with title 38, chapter 4, subpart a and b, it can help in understanding. For example, be specific "it bother me 4 to 5 times a week" versus "it bothers me several times a week", it makes a huge difference.

As it has been pointed out find a service rep however, they are all not created equal and you are not required to have membership with that particular organization. Also find someone who went through more than a 3 day seminar. Some organizations require their reps to do a least a 16 week course.

Response by LCpl Jeffery Dozier made Aug 25 at 2015 7:15 PM

LCpl Jeffery Dozier — Tue, 25 Aug 2015 19:15:33 -0400

I wrote a letter last night online to pres.obama.this morning phone started ringing at 0900,there sending me a lawyer.At 1100 also got a call from local VA asking if they could help me in anyway.taking it with a grain of salt.Keep fighting tell you can't fight anymore.

Response by SGT Tim Fridley made Aug 26 at 2015 7:28 AM

SGT Tim Fridley — Wed, 26 Aug 2015 07:28:12 -0400

Still fighting with them on Gulf War issues but I have the DAV repping me and it took 15 years before I began to receive disability on my issues. So get one of the service organizations to back you

Response by SGT Tim Fridley made Aug 26 at 2015 7:31 AM

SGT Tim Fridley — Wed, 26 Aug 2015 07:31:29 -0400

Keep on them and get one of service organizations to back you took me 15 years and several appeals plus the backing by the DAV to get mine

Response by SGT Kristin Wiley made Aug 26 at 2015 8:48 AM

SGT Kristin Wiley — Wed, 26 Aug 2015 08:48:18 -0400

GySgt John Gardner Please let me know how it works out. I'm getting out in a few months and I have many similar problems that are supposed to be considered 'presumptive' for service in the Gulf.

Response by CSM Private RallyPoint Member made Aug 26 at 2015 10:16 AM

CSM Private RallyPoint Member — Wed, 26 Aug 2015 10:16:06 -0400

Continue to request, also go to your local vet support center who have more influence then you do.

Response by SGT Frank Yarum made Aug 26 at 2015 12:49 PM

SGT Frank Yarum — Wed, 26 Aug 2015 12:49:18 -0400

Have you registered with the Gulf War Registry at the VA? If not you need to do that. This will get you a Gulf War Medical Exam and records review.

Response by SSgt Alex Robinson made Aug 27 at 2015 12:35 PM

SSgt Alex Robinson — Thu, 27 Aug 2015 12:35:41 -0400

Get a good disability attorney

Response by LCDR Jeffery Dixon made Aug 27 at 2015 1:34 PM

LCDR Jeffery Dixon — Thu, 27 Aug 2015 13:34:58 -0400

Keep documenting, keep appealing.

Response by LTC Christopher Sands made Aug 27 at 2015 8:24 PM

LTC Christopher Sands — Thu, 27 Aug 2015 20:24:22 -0400

Do a Freedom of Information Act for every exam. You do it to the medical records department at the VAMC where you took the exam. I did that and found an exam for which I had diagnostic testing done, but the doctor did not check off I had any other test. He was also supposed to describe the test. It is proof positive I should be service connected.
Gulf War claims are difficult. I just read up on them yesterday. Afghanistan is only considered for infectious disease. However, The regulations say if a Veteran does not use the term Burn Pit, but has those medical issues, you should develop for them. The VSR is supposed to put a fact sheet with the exam saying you were exposed to burn pits and air with particulate matter in it. Those things impact your respiratory system and others too. The burn pits put many types of dioxin in the air.
Good Luck!

Response by SPC David Young made Aug 30 at 2015 6:15 PM

SPC David Young — Sun, 30 Aug 2015 18:15:45 -0400

Like some others already said, contact Service Rep Officer. Let them fight for you. Another thing that helps is persistence. They deny you, appeal it. You get turned down again, file another appeal. Keep after them. Show them that you're not going away. It takes time but it works!

Response by CPT George Ramirez made Aug 31 at 2015 8:22 AM

CPT George Ramirez — Mon, 31 Aug 2015 08:22:28 -0400

Persistence.... You are better off approaching VA from the mental psychological side v. Physical impairment...

Response by TSgt Kenneth Ellis made Sep 9 at 2015 7:55 PM

TSgt Kenneth Ellis — Wed, 09 Sep 2015 19:55:39 -0400

Man I don't know. I got my diagnosis for ibs but was denied know in appeal. I'm with the DAV but the rep was never there at long beach VA so went to someone else. My friend told me to see the Vietnam veterans vsro. She said she would send me to someone who would out service related in my medicine records. I asked my GI doctor and he would not do it. Also get letters frim people you served with. We have our own fb page. And they all have gone into appeal. Now in waiting six to eight years for my appeal. I joined the burn pit registry. I've read that if they can diagnose your sleeping disorder you are screwed. Because it says undiagnosed. In 08 they gave gulf war syndrome a name. I was reading that these are presumptive only if you were diagnosed in service as war related.

Response by PO1 Kenneth Cardwell made Sep 16 at 2015 7:12 AM

PO1 Kenneth Cardwell — Wed, 16 Sep 2015 07:12:34 -0400

NOD

Response by CWO3 Private RallyPoint Member made Feb 3 at 2016 3:28 PM

CWO3 Private RallyPoint Member — Wed, 03 Feb 2016 15:28:24 -0500

Have you been diagnosed with these by the VA ? If not why ? I suggest that you get with someone who is accredited by the VA for your help or talk with an attorney who is specifically doing this type of business . JAMES

Response by MSG James Crowell made Mar 20 at 2016 10:39 AM

MSG James Crowell — Sun, 20 Mar 2016 10:39:51 -0400

i was told it will be 2 to 3 years to add my other have to my ward letter i have i am rated at 100% TDiU PnTand have redo my paper work each year why is that and i was told i put my claim July 2000 and didn't get my ward until Aug 2013 but only back pay to May 2010

Response by SFC Jimmy Arocho made Oct 25 at 2018 3:52 PM

SFC Jimmy Arocho — Thu, 25 Oct 2018 15:52:09 -0400

Have you had your Gulf War illnesses reviewed by a WRIISC?