How do you get the VA to listen to you about "conditions" or ailments you might have received during Desert Storm?

2015-07-22T11:31:44-04:00

Response by Maj Chris Nelson made Jul 22 at 2015 11:36 AM

2015-07-22T11:36:49-04:00

SO far, I am still active duty and have not had to try.... I suspect that in the next year, my song could change. I also have OEF and OIF..... so tying into 1 over the other could be interesting.....

Response by 1SG Brett Austin made Jul 22 at 2015 12:14 PM

2015-07-22T12:14:44-04:00

My understanding is that we must learn and use the verbiage they use fof indicators of gulf war illnesses, etc. A buddy of mine does have legitimate issues, but seemed he was fighting an uphill battle to get increased disability percentages. Once he studied and linked the things they are looking for to his issues, his compensation was increased. Hope this helps.

Response by SGT Frank Yarum made Jul 22 at 2015 12:55 PM

2015-07-22T12:55:51-04:00

Have you signed up with the Desert Storm Registry? You can ask your primary care doctor about it or the DAV will get you the info on where to go. You need to get your conditions listed before the 2016 deadline. You should file a disability claim for all injuries and illnesses incurred on active duty. Even if the rating I'd 0 at least it is recorded and if it worsens later on it is easier to get an increased rating rather then a new rating.

Response by MSG John Pitstick made Jul 23 at 2015 3:49 PM

2015-07-23T15:49:29-04:00

You also need to be persistent to the point of being a pain in the ass. A lot of patience is needed and paperwork, paperwork and more paperwork with the verbiage that the VA wants and understands according to "their guidelines". It took me 8+ years
to finally get the VA to listen to me and arrive at a positive decision. You do get very
discouraged and want to give in - BUT, don't do it, keep sending in the repetitious paper-work time and time again! Do not give up and you will get your just award from
from the VA. I also hope this helps.

Response by COL Private RallyPoint Member made Jul 23 at 2015 6:43 PM

2015-07-23T18:43:59-04:00

Well, there are three options: 1. You don't get them to listen and give-up (they like this option). 2. You don't get them to listen and die waiting (unstated preferred option of VA) 3. You don't give up and continue to fight for benefits earned through your service until you can no longer fight (you die) or you get covered.

I am 22 years into my VA claims and although it took 17 years for VA to approve the first claim from ODS, I am still young and will continue to push my claims until I can no longer carry the fight to VA. The process that may work best is to file a timely claim on the right forms, follow-up on the claim online (they tend to send follow-up requests for info to your on-line account with no indication and when you miss the deadline, because you aren't checking the website every day, they deny the claim), appeal decisions (especially if your Region is well know for failing to follow standards in ratings, review, record keeping, etc.), when your appeal fails (usually always does), request a BVA appeal. If that fails, it might be time to get an attorney (working on contingent), to fight the agency.

Good luck.

Response by PFC Scott Lee made Jul 26 at 2015 2:55 PM

2015-07-26T14:55:17-04:00

It's important to use the exact words the VA uses in the guidelines. For instance under the 38 C.F.R. § 4.130, DC 9411, GENERAL RATING FORMULA FOR MENTAL DISORDERS (http://www.vva.org/ptsd_levels.html) it uses specific language. Write down every line and then next to it write out what part describes what you are experiencing. It took me 15 years after filing 7 times to get a 0% rating. It took filing another 8 times to get an 80% rating.

Response by SSG Donald Mceuen made Jul 28 at 2015 11:47 AM

2015-07-28T11:47:42-04:00

I took them about 15 years of med. recoreds. And the DAV helped.
It still took time but they came around.

Response by CPO Jack De Merit made Aug 7 at 2015 5:11 PM

2015-08-07T17:11:58-04:00

You don't. It usually takes a letter to your Senator or Congressperson. They are very quick to disclaim Service Connected ailments. That is how they can afford to award themselves those very high bonuses every year for doing a mediocre job.

Response by CPO Jack De Merit made Aug 7 at 2015 5:16 PM

2015-08-07T17:16:42-04:00

My ship and the entire crew of 3,600 men were exposed to Agent Orange in Vietnam. We were stationed just offshore at Yankee Station. Scientific evidence has proven that the waters around us contained Agent Orange. It also concluded that desalinization did not remove the Agent Orange. That means that the water we desalinized for showers, drinking, laundry and COOKING was contaminated. VA does not recognize this and does not accept any claims from what they consider to be Blue Water Sailors. Does that make any sense to anyone else out there?

Response by MSG Gary Saffell made Aug 20 at 2015 10:00 PM

2015-08-20T22:00:58-04:00

Yup, it took me to go to my Congressman's local office to get the VA to take care of me. Once that was done (about and hour or so) I got a call telling me to go back to the VA clinic and they would see me. Thanks for the question...I had forgotten the "challenge" I had. I had gone to the VA because my civilian doctor of several years, told me I needed to go to the VA and get checked out. Turns out I had been living in a toxic cesspool. Thanks to my Doctor and the tremendous help from my Congressman.