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    • How to get your questions answered.

      How to get your questions answered. A few observations, and requests of all members. All folks who come here are volunteers who do this on their own time and their own dime.To avoid burning out our best contributors please follow these guidelinesf you are reading a post and it reminds you of a question you want to ask, start a new topic, if you place your question in someone thread it will be difficult to distinguish your question from the original poster, you will get better results posting a new topic with your question. 1. Before Posting please do a search and see if your question has already been answered. If you find the answer print it out and put it in a file to use as a reference file, I find this helpful myself. 2. If you can not find the answer and you do post a question, please print out those answers and refer to them to avoid duplicate questions. 3. Refer to the Frequently Asked Questions4. Duplicate questions will come up from time to time but the keeping them to the minimum will lighten the load on the regular volunteers.5. Respect folks privacy do not request their personal phone numbers for claims help, it is inappropriate and not why they are here.6. Keep the topics focused on veterans issues, in closing Search first Search ... Ask second.it may save a lot of time or at the very least enlighten you.
    • Listen Live Every Wed 5:30 PM CST to SVR Radio, Veterans Issues are discussed with various guests.

      Listen Live Every Wed 5:30 PM CST to SVR Radio, Veterans Issues are discussed with various guests. Please check the little home I am carving out for our SVR partners. http://www.hadit.com/svr.html
    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

      Hi I've updated our HadIt.com Pass It On Cards. They are in a PDF format you can print them out cut them there are 12 to a page. If you have found HadIt.com helpful and would like to pass it on to other veterans this is an easy way to do it.I hope you find them helpful, feel free to leave a few anywhere veterans gather, veterans centers, veterans hospitals, public libraries, be creative. Please make sure though, that if you want to leave some at any business you ask permission first.Here you go http://www.hadit.com...it_on_cards.pdf
    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ http://www.hadit.com/forums/index.php?/topic/40963-va-fl-10-34/ http://www.hadit.com/forums/index.php?/topic/40964-va-fl-10-32/ http://www.hadit.com/forums/index.php?/topic/40966-va-fl-10-30/ http://www.hadit.com/forums/index.php?/topic/40967-va-fl-10-26/ http://www.hadit.com/forums/index.php?/topic/40968-va-fl-10-25/ http://www.hadit.com/forums/index.php?/topic/40819-va-fl-10-24e1/ http://www.hadit.com/forums/index.php?/topic/40818-va-fl-10-24/ http://www.hadit.com/forums/index.php?/topic/40817-va-fl-10-22/ http://www.hadit.com/forums/index.php?/topic/40814-va-fl-10-04/ http://www.hadit.com/forums/index.php?/topic/40969-va-fl-10-03/ http://www.hadit.com/forums/index.php?/topic/40812-va-fl-10-02/ http://www.hadit.com/forums/index.php?/topic/40808-va-fl-09-52/ http://www.hadit.com/forums/index.php?/topic/40806-va-fl-09-50/ http://www.hadit.com/forums/index.php?/topic/40970-va-fl-09-41/ http://www.hadit.com/forums/index.php?/topic/40971-va-fl-09-38/ 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Presumptive Ibs

5 posts in this topic


I have a question about presumptives last week a VA DR diagnosed me having ibs after ultrasound,colin scope and endoscope, my question is I have already filed for undiagnosed for gastro problems should I file for IBS too or just sumbmit that paperwork with all the other paperwork or will the rater figure it out ? I filed for undiagnosed problems in 2010. I also have acid reflux that I was diagnosed with 5+ years ago also filed for 2010 under undiagnoased gastro problems

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I assume you are a Gulf War veteran.

These are the original Gulf War presumptives :


In 2010, 9 more illnesses were added to this list:

Since you filed for SC 2 years ago, I would send them information regarding the IBS diagnosis. You could use a 21-4138 form available here under Forms, as a cover letter ,identifying the submission of evidence for your claim.

Have you gotten any status to your claim since filing it?

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thanks berta,

yes I am a gulf vet I was in country from sept 26 to apr 14, given all shots and took the pills and my unit was at kkmc when the ammo depot was distroyed. I was in 1 st cav out of ft hood tx. I have gone to 3 C&P since dec 2010 and in my exam the dr basicly said all my stuff was tied to gulf service. I had basicly felt fine for 12 years after then I started falling apart. in apr of this year they sent me a vacc letter and that is all I have heard. On ebenifets the time line has gone from feb 2013 to sep 2012 and I dout it will hit that time frame especialy when I give them the ibs stuff.

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"I have gone to 3 C&P since dec 2010 and in my exam the dr basicly said all my stuff was tied to gulf service. I had basicly felt fine for 12 years after then I started falling apart. in apr of this year they sent me a vacc letter"

DO I get this right? ....You filed in 2010,

you got the C & Ps since Dec 2010...

But they sent you the VCAA letter in April 2012? For the claims you filed in 2010?

As long as this is documented bu the doctor in the actual C & P opinion results , then I feel your claim is solid:

"the dr basicly said all my stuff was tied to gulf service"

but if the VA attempts t deny (I dont think they will) I feel the fact that your VCAA letter came after the C & Ps,would be a strong legal point to argue with.

You could ask them to CUE themselves.

I think sometimes that I have seen it all with the VA, but to get a VCAA letter after over a year after filing the claim, and after the exams seems to me to be a gross violation of your rights.

Did they enclose a Response form and did you sign it and send it back to them telling them either they have all evudence needed or you enclosed more evidence with the response?

I hope no one goes through what I went through.

In 2004 I got an entirely deficient VCAA letter.

It in no way could even be considered a "VCAA letter"

The reps at the time would not support me in trying to get the VA to correct it. Even the director of my reps state org sent me a letter responding to a complaint I sent to him- telling me it was a legit VCAA letter.

(After I filed a complaint with the Office of General Counsel, things changed.)

The VA had also failed to send me the formal VCAA response form and then in a denial they stated I had failed to respond -

to the response form

that they never sent to me nor is not listed as an enclosure with the "VCAA " letter I got.

Someone at hadit posted a blank VCAA response form for for me to use but I felt uncomfortable that it didnt come from the VA with their heading or my name and c file number (but I should have used it)

These forms were not on line and the member here had blanked out their identifying info on it.

I mentioned this error right away on my I-9.

The BVA concurred with me and found that my evidence had overcome any of the obvious deficits in the letter.

This whole BS added years to my claim but the good part was that it altered big time the way my former reps do business.

There is information here at hadit on what a proper VCAA letter should contain.

Widows of veterans get a VCAA letter different from veterans.

Also there must be an enclosure of a Response form that has a deadline.

It should come within a few months after the RO gets the claim .

Vet reps on a POA get a copy of the letter for the POA file.

After I had started griping to my vet reps I went over to the VAMC one day as I saw a different car at my reps office.

It was a rep from a different office minding the store, so to speak, while the other reps were at a meeting.

I asked to see my POA file and I pulled out their copy of my VCAA letter and asked him if it was valid and in compliance with the VCAA.

He immediately said Hell No- what kind of letter is this?

I asked him if he would be willing to document his opinion for me and when he found out the steps had I taken, he didnt want to get involved with my problem at all.

My long point here is that the VCAA is the most important initial document we get from the VA when we file a claim.

For any years after the enactment in 2000 of the VCAA, the BVA remanded THOUSANDS of claims due to VCAA errors that could be prejudicial to the rights of any claimant.

After H VAC hearings and other hoopla those remands have calmed down for the most part.

This stuff doesn't happen in a vacuum and ,in my opinion, a poorly prepared VCAA letter was a guarantee that a claim could be denied and off the raters desk for years, until a BVA remand occured-years later.

The VA has specific programs and templates in their PCS for VCAA letter to veterans and th type that goes to widows.

They have to actually READ the claim to develop the VCAA letter. and tell the claimant what evidence is required.

The very first thing the BVA does is read the VCAA letter. Then they read the evidence.

But if the VCAA letter was so deficient that it defied the rights of the claimant, and was prejudicial to a proper dcision,. the BVA has no recourse but to remand the claim for a proper resolve of the letter.

Unless the evidence outweighed the letter's prejudicial nature.

Sorry for this long post that I have griped about before here.

I haven't seen a VCAA matter come up here in a long time and I am dumbfounded that your VCAA letter came AFTER the C & P exams.

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thanks for replying berta,

let me futher clairafy I filed in Dec 2010 I recived my first c&p for hearing loss and ringing in my ears in sep 2011 my gulf protocal c&p was in oct 2011 and my third c&p was in 2nd week of oct 2011 for a mental eval in apr of 2012 I was sent a vcaa letter asking if I had any futher evadance to submit and what they requried, asking for more info of exactly when my problems started asking if my symptions started in the gulf when I was there and when I had an exam for gulf war exam so I promtly sent it back and sent them a lot of info all training letters current copy of m21-1r and copys of both of my exams and current progress reports I was watiing on one more dr notes so I stated that I had more info coming and I submited all info I had and on a 21-4138 I gave a discription on all info I submited and that I ahd no futher evadance to submit and here 4 mo later and still they are asking for the same info.

this is a copy from ebenifts

  • We need evidence showing that the following condition(s) existed from military service to the present time:

    restless leg syndrome caused by gulf war illness, Undignosed Illnesses / Gulf War Syndrome (to include Muscle Pain, Headaches, Gastrointestinal Condition, Memory Loss), Bilateral Knee Condition, Plantar Fasciitis, Bilateral Tinnitus, Bilateral Hearing Loss
    Date Requested: 04/26/2012
    Due Date: 05/26/2012 help_icon.gif

    A 'Suspense Date' is associated with every piece of evidence we are attempting to gather in the processing of your claim. The date entry in this column is the date we expect to receive the evidence. If the evidence or a negative reply has not been received by this date, we will take the appropriate follow up actions in accordance with processing your claim.

  • We need more information about your illness as a Gulf War veteran. Send us a record of the earliest manifestations of the illness. This may be medical evidence or supporting statements from people who have knowledge of your symptoms or medical history. Give us copies of correspondence you may have sent to others in which you wrote about your illness. Attached to this letter is a more detailed guide called "Submitting evidence for claims about GULF WAR UNDIAGNOSED ILLNESSES" to help you submit evidence in support of your claim.
    Date Requested: 04/26/2012
    Due Date: 05/26/2012 help_icon.gif

    A 'Suspense Date' is associated with every piece of evidence we are attempting to gather in the processing of your claim. The date entry in this column is the date we expect to receive the evidence. If the evidence or a negative reply has not been received by this date, we will take the appropriate follow up actions in accordance with processing your claim.

  • If you have participated in a Gulf War Health Registry Examination, please let us know when the examination took place and which VA Medical Center performed the exam.
    Date Requested: 04/26/2012
    Due Date: 05/26/2012 help_icon.gif

    A 'Suspense Date' is associated with every piece of evidence we are attempting to gather in the processing of your claim. The date entry in this column is the date we expect to receive the evidence. If the evidence or a negative reply has not been received by this date, we will take the appropriate follow up actions in accordance with processing your claim.

What Have We Received?

This is a list of all items that have been received from either the Veteran or a 3rd party. Please be advised that it may take up to 21 days to receive, process, and annotate in our system any information that you mail to one of our Regional Offices.

ItemsDate RequestedDate Received help_icon.gif

A date entry in the 'Date Received' column means that the evidence requested was received, or a negative response from the provider was received. If a negative response was received from the provider, this means that we were unable to gather the information requested. In the near future, we will be able to tell you whether or not the actual information was received versus a negative reply.We need evidence showing that the following condition(s) existed from military service to the present time:

Undignosed Illnesses / Gulf War Syndrome (to include Muscle Pain, Headaches, Gastrointestinal Condition, Memory Loss), Bilateral Knee Condition, Plantar Fasciitis, Bilateral Tinnitus, Bilateral Hearing Loss09/02/201110/03/2011Send any treatment records pertinent to your claimed condition(s), especially those which are recent (within the last 12 months). This includes reports or statements from doctors, hospitals, laboratories, medical facilities, mental health clinics, x-rays, physical therapy records, surgical reports, etc. These should include the dates of treatment, findings, and diagnoses.09/02/201110/03/2011If you have anything else you would like to report to us or if anything in this letter is incorrect, please tell us on the enclosed VA Form 21-4138, Statement in Support of Claim and return it to the address at the top of this letter.09/02/201110/03/2011The VA Form 21-526, Veteran's Application for Compensation and/or Pension, that you submitted did not include direct deposit information. Although VA can continue to process your claim, we would like to have your direct deposit information in order to ensure expedited payment of any benefits which might be awarded. We have enclosed VA Form 24-0296 Direct Deposit Enrollment, for your use in signing up for Direct Deposit.09/02/201109/14/2011Seattle09/02/201111/01/2011rcvd fax copy from Southlake Clinic12/22/2009rcvd medical documentation from Valley Medical01/13/2010rcvd medical documentation from Southlake Clinic01/04/2010rcvd direct deposit information01/06/2010rcvd 21-0781 PTSD statement01/06/2010pies mm01, s0103/10/201021-4138,jag,statement12/10/2010rec'd 21-413801/28/2011PMR-Valley Medical Center & Cascade Ortho01/28/2011rcvd medical documentation from Valley Medical and 413801/28/2011rec'd 413812/03/2010recd med evid dr lew01/14/2011memo from AL, 21-4138 from vet, 2 lay stmts on 21-4138's, PMR10/03/201121-414209/14/201121-4138 request copy C&) exam10/14/2011Blood Pressure Log from Seattle VAMC (Mack T Orsborn MD)10/11/2011copy of Khamisiyah memo from Office of Secretary of Defense 10/3/1102/23/201221-526b adding 2 conditions02/24/201221-4138 x8 stmt from vet on separate form explaining each condition claimed02/24/2012medical evidence VAMC Sea02/24/2012medical evidence Valley Medical Center02/24/2012Medical evidence from Kent Primary Care03/09/2012Medical evidence from Valley Neuroscience institute03/09/2012VCAA Notice Response letter signed on 18 MAY 201205/21/2012Medical evidence from Seattle VAMC -- Medical records05/21/2012Medical evidence from Valley Medical -- Medical records05/21/2012Medical evidence from Occupational Health Services -- Medical records05/21/2012Medical evidence from Valley Neuroscience Institute -- Medical records05/21/2012Medical evidence -- DBQ for neck disability05/21/2012Medical evidence -- DBQ for Esophageal conditions05/21/2012Medical evidence -- DBQ for headaches05/21/2012Medical evidence -- DBQ for Sleep Apnea05/21/2012Internet Article 3.317-1; Compensation for certain disablities due to undiagnosed illness05/21/2012Leave and Earning Statements05/21/2012Copy of BVA decision; Sleep Apnea secondary to PTSD05/21/2012Medical evidence -- DBQ for Mental disorder05/21/2012Received VAF 21-4138, Medical Documents and Photographs of military experiences06/14/2012va form 21-413806/14/2012current copy of cfr 38 3.317-106/14/2012progress notes06/14/2012ultrasound from valley diagnostics06/14/2012mri06/14/2012doctors notes on headaches06/14/2012anthrax letter06/14/2012current copy oif M21-1MR06/14/2012

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