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Hello again, I had previously filed a claim in 2004 which was denied twice, once for no medical records and secondly for no proof of illnesses during active duty. I recently sent back in the VA form 9 and asked for a local hearing. On the form I stated that I believed my decision was wrong due to the laws regarding presumptive illnesses of Gulfwar vets. I received a phone call my RO and they asked my if I wanted to change my claim to "undiagnosed illness" and if I did it would be more favorable to me, and she also stated that by doing this it would not change my effective date if it was approved. Today I received paperwork in the mail (big brown envelope) with another VCAA form along with a form for a statement to support claim. They also sent information on what I need to send in for my claim of "Gulfwar Undiagnosed Illness". What I am asking is, do you think that my original effective date of 8-2004 is now obsolete? Does anyone have any info for me?? Thanks
Posts: 6 | From: North Carolina | Registered: Jan 2007
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vjones3 Concerning your effective date on a claim if approved; my opinion is that the date setting could be influenced by the evidence date. I think the VA could take into consideration on when your claim's supportive evidence first occurred. Not the date it was mailed in to the VA but the date proven that the event occurred. Understand I stated could, the VA marches by their own toon/beat. The more date specific supporting evidence you can provide the better chances of your success.
Mike (kidbunch)
-------------------- We all need someone to lean on! Posts: 418 | From: Nashville, Tennessee | Registered: Jul 2006
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You're a smart cookie in catching that! I can't understand why your service officer didn't submit it as Gulf War/undiagnosed illnesses in the first place.
I'm going to have to defer any real answer on this to someone else with more knowledge than me. I can only say that what ever you do, be sure to state on any new form that you were told by "..." that your effective date was still valid.
Don't feel badly about the denials (it happens to most of us), but just make sure you submit any new forms or evidence as required by the RO and also by the healthcare protocols and claims policies that cover Gulf War Illnesses:
They may want to determine that your conditions are "chronic", so be sure to obtain current evaluations for them which will establish their existence for at least 6 months and submit those records in your claim, as well.
This is the time to pack your claim file with any and all evidence you have (from military records, VA records, private doctors, second opinions, etc.)
Have you been through the Gulf War Registry, and have you been evaluated for PTSD?
I'm sure others here may have additional advice for you.
-------------------- HONOR OUR VETERANS WITH BETTER CARE AND BENEFITS Posts: 3482 | Registered: Jul 2005
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Thanks for the quick reply, yes I have been through a Gulf War Registry exam in 2005. I had sent in evidence on all of my claims dating back to 1996 but I have xrays on record at the VA from 1992. The RO has all of this evidence on file along with private doctor statements as well as surgical reports. As far as my DAV Rep putting this claim in from the start is was never mentioned to me. I would like give full credit to this site for all of my current knowledge on these issues. Thanks to everyone!!!
[ March 31, 2007, 09:00 PM: Message edited by: vjones3 ]
Posts: 6 | From: North Carolina | Registered: Jan 2007
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Thank you for the kind words. We have good folks here willing to help others however they can. We wish you much luck and hope you will have good news soon, and continue to share and participate in our discussions. God bless.
-------------------- HONOR OUR VETERANS WITH BETTER CARE AND BENEFITS Posts: 3482 | Registered: Jul 2005
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On your support of a claim (VA Form 21-4138), state "I wish to amend my claim for(condition)submitted for appeal on (Date form 9 submitted) to include undiagnosed Gulf War illnesses. Also, state that you are still requesting a hearing, concerning this issue.
The other way that you can do this is to submit the 21-4138 for undiagnosed illness and still let your appeal move through. If you do this, which is where the VA was headed with your claim, Your effective date for Undiagnosed illness will be the date that the VA receives this 21-4138.
Let me ask, what is this claim for? If you don't want to post it, PM me, and I can tell you if this is a Presumptive illness or not.
Posts: 19 | From: Kentucky | Registered: Jul 2005
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