Extension of the deadline date that GW Veterans can file for presumptive
service connection

Although there has not been an 'official' press release from Secretary
Nicholson regarding the extension of the deadline date that GW Veterans
can file for presumptive service connection (currently12/ 31/06), this
letter (bottom of page) to Sen. Craig delivers intent to extend the
deadline

Could you please fwd. this info to all those on your email lists.

____________ _________ _________ __

From: Cheyne Worley <devilranger@ everestkc. net>
To: LPGulfvet@aol. com, JulieMock@aol. com, pdavidson@ngwrc. org,
directors@ngwrc. org
CC: rweidman@vva. org

For clarification, there is a difference between the wording of the statutes as it relates to presumptive conditions and undiagnosed illnesses.

Dr. Lea Steele and I have discussed the differences at length.


The NGWRC an the Research Advisory Committee
have been advocating for the extension of the time period for veterans
to file for undiagnosed ilnesses (UDX), which expires on December 31,
2006.


The period for presumptive service connection (PSC) for specific illnesses such as chronic fatigue, fybromyalgia, and irritable bowel syndrome has been and does extend to December 31, 2011.
 

Without specificity, there is confusion. If the veteran is not explicit with communication about the type of claim, there is a tendency of the VA to deny the claims of veterans because they are not using the exact wording necessary in their claims.


Having been to the WRIISC center, and ultimately diagnosed with CF, FM, and IBS, my claim was denied because I used the wrong wording when I submitted the Statement in Support of Claim to add these conditions. It was not until I went to the regional office with a copy of the statute in my hand that the adjudicator listened. My original claim was for UDX illness. According to the VA, the conditions
I was adding to my claim was for a diagnosed illnesses.

Fortunately, I had the ability to get to the RO.
This is not the case for the majority of veterans. The VA and the DOD
have made the course for achieving these types of claim as difficult as
possible.

This is why the need to clarify the difference between these two types of claims is necessary. UDX and PSC conditions are two seperate entities.


I hope this explanation is helpful. I do believe it is a good thing to see it in writing from Secretary Nicholson to a US Senator.

I welcome your response.


Cheyne Worley
President
National Gulf War Resource Center
913-375-3890

____________________________________________

http://uscode. house.gov/ download/ pls/38C11. txt

Sec. 1117. Compensation for disabilities occurring in Persian Gulf War veterans

-STATUTE-
(a)(1) The Secretary may pay compensation under this subchapter to a Persian Gulf veteran with a
qualifying chronic disability that became manifest -

(A) during service on active duty in the Armed Forces in the Southwest Asia theater of
operations during the Persian Gulf War;
or
(B) to a degree of 10 percent or more during the presumptive period prescribed under subsection (b).

(2) For purposes of this subsection, the term "qualifying chronic disability" means a chronic disability resulting from any of the following (or any combination of any of the following):

(A) An undiagnosed illness.
(B) A medically unexplained chronic multisymptom illness (such as chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome) that is defined by a cluster of signs or symptoms.
(C) Any diagnosed illness that the Secretary determines in regulations prescribed under subsection (d) warrants a
presumption of service-connection.

(b) The Secretary shall prescribe by regulation the period of time following service in the Southwest Asia theater of operations during the Persian Gulf War that the Secretary determines is appropriate for presumption of service connection for purposes of this section. The Secretary's determination of such period of time shall be made following a review of any available credible medical or scientific evidence and the historical treatment afforded disabilities for which manifestation periods have been established and shall take into account other pertinent circumstances regarding the experiences of veterans of the Persian Gulf War.

(c)(1) Whenever the Secretary determines under section 1118(c) of this title that a presumption of service connection previously established under this section is no longer warranted -
(A) a veteran who was awarded compensation under this section on the basis of the presumption shall continue to be entitled to receive compensation under this section on that basis; and
(B) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from the disease on the basis of the presumption before that date shall continue to be entitled to
receive dependency and indemnity compensation on that basis.

(2) This subsection shall cease to be effective on September 30, 2011.