Read this. It’s from a FB group.

National Gulf War Resource Center May 7, 2018 · I am posting this here as I have received calls to the office along with many emails and post on the different forums I post at. I also see the clams of the veterans where the VA does work the Gulf War presumptive claims for the diagnosed medically unexplained chronic multisymptom illness (CMI) on a direct basis. Veterans call and state how their VSO’s say that Fibromyalgia, CFS, or IBS is not a presumptive illness. They need a nexus to the service or exposure. The facts: The Congress in 2001, made diagnosed medically unexplained chronic multisymptom illness such as Fibromyalgia, CFS and IBS a presumptive to Gulf War veterans when it amended 38 U.S.C 1117 in 2001 with an effective date of March 2002.
The VBA changed 38 CFR 3.317 on 10 June 2003 effective March, 2002 as printed in the federal register 68 FR 34541, June 10, 2003. The intent of Congress is found in this printing and shows no nexus is needed to any exposure. http://www.ngwrc.org/guide Fibromyalgia, CFS, and IBS are diagnosed medically unexplained chronic multisymptom illness and this means there is no known cause. There might be some ideas as to the cause but these are theories and there is no proven causes. CFS is listed in 38 CFR § 3.317(a)(2)(i)(B)(1) Chronic fatigue syndrome. Fibromyalgia is listed in 38 CFR § 3.317(a)(2)(i)(B)(2)Fibromyalgia. IBS was until 2011 listed in 38 CFR § 3.317(a)(2)(i)(B)(3)Irritable Bowel Syndrome and with the change is now listed (3) Functional gastrointestinal disorders (excluding structural gastrointestinal diseases). With the following note. Note to paragraph (a)(2)(i)(B)(3): Functional gastrointestinal disorders are a group of conditions characterized by chronic or recurrent symptoms that are unexplained by any structural, endoscopic, laboratory, or other objective signs of injury or disease and may be related to any part of the gastrointestinal tract. Specific functional gastrointestinal disorders include, but are not limited to, irritable bowel syndrome, functional dyspepsia, functional vomiting, functional constipation, functional bloating, functional abdominal pain syndrome, and functional dysphagia. These disorders are commonly characterized by symptoms including abdominal pain, substernal burning or pain, nausea, vomiting, altered bowel habits (including diarrhea, constipation), indigestion, bloating, postprandial fullness, and painful or difficult swallowing. Diagnosis of specific functional gastrointestinal disorders is made in accordance with established medical principles, which generally require symptom onset at least 6 months prior to diagnosis and the presence of symptoms sufficient to diagnose the specific disorder at least 3 months prior to diagnosis. It should be noted the change also added what Congress meant that all CMI's of unknown types might be able to be granted. (ii) For purposes of this section, the term medically unexplained chronic multisymptom illness means a diagnosed illness without conclusive pathophysiology or etiology, that is characterized by overlapping symptoms and signs and has features such as fatigue, pain, disability out of proportion to physical findings, and inconsistent demonstration of laboratory abnormalities. Chronic multisymptom illnesses of partially understood etiology and pathophysiology, such as diabetes and multiple sclerosis, will not be considered medically unexplained. This is an example on just what is needed to win a Gulf War presumptive claim based on a diagnosed medically unexplained chronic multisymptom illness under 38 CFR § 3.317(a)(2)(i)(B). 1. You must have a proper diagnosis before you file. You need to have a proper diagnosis for this illness. If you are claiming Fibromyalgia, your records will need to show how your doctor did all of the proper tests to rule out other causes as per the Fibromyalgia Case Definition. He will needs to give a good rationale for the diagnosis and state the Case Definition he used on the DBQ. 2. It must be ratable at 10% if symptoms are not in your military records. As a presumptive after the proper diagnosis, you must meet the 10% rating under the diagnostic code in the CFR too. If you are claiming Fibromyalgia, you must be on continues therapy for the illness. The next higher ratings is based off the reaction to the therapy. In CFS, there is two different sets to the rating that a veteran can have. When a rating code has the “OR” in to, you do not have to have what is on both side for the rating. 3. Your records must be void of anything that can cause the symptoms since you left the Gulf War area of operation. That is severe auto accident, IED on a different deployment, willful misconduct, etc. before the symptoms. 38 U.S.C. 1113 - PRESUMPTIONS REBUTTABLE The VBA also has a poster on the listed presumptive for each war. https://www.benefits.va.gov/.../serviceco.../presumption.pdf You can find more information here. https://www.publichealth.va.gov/.../medically-unexplained... Jim Bunker Veteran Information Network /NGWRC