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Service connection for _____ is denied because evidence established that this disability resulted from _____ ." 4. There is no evidence that the condition ever existed. Qualifying Chronic Disability Less than 10 Percent.
For example, if lay evidence alleges that the veteran lost a certain amount of time from employment, accept that statement without further development if otherwise credible. In all cases, ask the veteran if he or she had participated in the VHA Persian Gulf Health Registry and had been examined as part of the Registry, and where he or she was examined. Service connection established under 38 CFR 3.317 is considered service connection for purposes of all laws. Service connection will be established if the qualifying chronic disability (as defined in subparagraph 7.22c(1)) became manifest, whether to a compensable degree or not, while the claimant was on active service in the Southwest Asia theater of operations during the Gulf War.
If he or she has been examined, secure examination results from the VAMC. Because the course of an undiagnosed illness cannot be predicted, monitor the case by establishing a future examination control within 24 months of the last examination of record. State the rating decision as "Service connection for _____ is denied," or "Service connection for _____ is granted with an evaluation of _____ percent effective _____ ." The earliest effective date for entitlement to service connection under 38 CFR 3.317 is November 2, 1994. Include the following sentence in the "Reasons and Bases" or Analysis section of the rating if service connection is established under this circumstance: "Service connection is established for _____ (or for _____ as due to an undiagnosed illness) which began in the Southwest Asia theater of operations during the Gulf War." (b) During Presumptive Period.
Disabilities which are subject to intermittent episodes of improvement and worsening within a 6-month period would be considered chronic. Title 38 CFR 3.317 establishes the presumptive period as beginning on the date following last performance of active military, naval, or air service in the Southwest Asia theater during the Gulf War. In order to properly identify and track claimed undiagnosed disabilities, the following diagnostic code series beginning with "88" has been established.
The 6-month period of chronicity will be measured from the earliest date on which all pertinent evidence establishes that the signs or symptoms of the disability first became manifest. The 88 code will be the first element of a hyphenated analogous code.
Disabilities subject to episodic improvement and worsening within a 6-month period are considered chronic.
Non-medical indicators include such information as time lost from work, evidence that the veteran has sought medical treatment for his or her symptoms, evidence affirming situations such as a change in the veteran's appearance, physical abilities and mental or emotional attitude.
The requirement for chronicity is fulfilled if the disability has persisted for at least 6 months.Would it be possible for one of the Admin on the board to make this a sticky post at the top of the Gulf War Illness Section ? On November 2, 1994, Congress enacted the "Persian Gulf War Veterans' Benefits Act," Title I of the "Veterans' Benefits Improvements Act of 1994," Public Law 103-446. The term "Gulf War veteran" under 38 CFR 3.317 means a veteran who served on active military, naval, or air service in the Southwest Asia theater of operations during the Gulf War. (b) A medically unexplained chronic multi-symptom illness (such as chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome) that is defined by a cluster of signs or symptoms.We receive alot of questions asking what is/is not covered as presumptive conditions for Gulf War Veterans. July 30, 2004 M21-1, Part VI Change 116 7.22 COMPENSATION FOR DISABILITIES ASSOCIATED WITH GULF WAR SERVICE a. That statute added a new section 1117 to Title 38, United States Code, authorizing VA to compensate any Persian Gulf veteran suffering from a chronic disability resulting from an undiagnosed illness or combination of undiagnosed illnesses which became manifest either during active duty in the Southwest Asia theater of operations during the Persian Gulf War, or to a degree of 10 percent or more within a presumptive period following service in the Southwest Asia theater of operations during the Persian Gulf War. The Persian Gulf War Veterans Act of 1998, Public Law 105-277 authorized VA to compensate Gulf War veterans for diagnosed or undiagnosed disabilities which are determined by VA regulation to warrant a presumption of service-connection based on a positive association with exposure to a toxic agent, environmental or wartime hazard, or preventive medication or vaccine associated with Gulf War service. 1117, defines qualifying Gulf War service and qualifying chronic disability as well as establishes a broad but non-exclusive list of signs and symptoms which may be representative of undiagnosed or chronic multi-symptom illnesses for which compensation may be paid, and the presumptive period for service connection. The Gulf War extends from August 2, 1990, through a date yet to be determined by law or Presidential proclamation (38 U. (c) Any diagnosed illness that is determined by VA regulation to warrant a presumption of service-connection. Title 38 CFR 3.317 specifies 13 categories of signs or symptoms that may be a manifestation of an undiagnosed illness or a chronic multi-symptom illness. However, the list of 13 illness categories is not exclusive.However, use of analogies is not limited to this list.Abnormal weight loss, 8873-7328 (resection of intestine); Cardiovascular signs or symptoms, 8870-7013 (tachycardia), 8870-7005 (ASHD); Fatigue, 8863-6354 (chronic fatigue syndrome), 8877-7700 (anemia); Gastrointestinal signs or symptoms, 8873-7305 (ulcer), 8873-7319 (irritable bowel syndrome); Headache, 8881-8100 (migraine headaches); Joint pain, 8850-5002 (rheumatoid arthritis); Menstrual disorders, 8876-7622 (uterus displacement); Muscle pain, 8850-5021 (myositis); Neurologic signs or symptoms, 8885-85__ (peripheral neuropathy); Neuropsychological signs or symptoms, 8893-9300 (organic mental disorder); Signs or symptoms involving the respiratory system (upper or lower), 8865-65__, 8866-66__, 8868-68__ (respiratory system); Signs and symptoms involving the skin, 8878-7806 (eczema); Sleep disturbances, 8894-9400 (generalized anxiety). Begin a discussion of any denial in the "Reasons and Bases" or Analysis with a description of the general requirements for service connection under 38 CFR 3.317: "Service connection may be established for qualifying chronic disability resulting from an undiagnosed illness, a medically unexplained chronic multi-symptom illness that is defined by a cluster of signs or symptoms, or a diagnosed illness that is determined by VA regulation to warrant a presumption of service connection which became manifest either during active service in the Southwest Asia theater of operations during the Gulf War, or to a degree of 10 percent or more after the date on which the veteran last performed service in the Southwest Asia theater of operations during the Persian Gulf War." 1. A condition having a known clinical diagnosis cannot be favorably considered for service connection under 38 CFR 3.317 unless it meets the criteria for qualifying chronic disability shown in subparagraph 7.22c, but it will receive consideration for service connection under other provisions.Include the following statement under Reasons for 7-IV-11 M21-1, Part VI February 5, 2004 Change 110 Decision, if service connection is denied on this basis: "Service connection under this provision is precluded if there is affirmative evidence that the disability was unrelated to service in the Gulf War.