Well I am writing a letter to my Congressman for my denial of my disability, this is not by choice a three page letter. I wish I could cut it down to two pages so it is shorter and to the point. I had to make it three pages to get to the full issue and quote two laws that I found, and did not know that it existed. I also fund under title 38 part II chapter 11 subchapter II several other laws that every veteran should be aware of and read. It is my belief that every veteran should be made aware of these laws which gives them rights and Legal Course of Action to stand aginst the Veterans Adminstration and bring about their claim to their favor.
the laws I used are laws USC title code 38 part 2 chapter 11 sub chapter II Sub Section 1117 and 1118 (laws are here if you wish to read them, http://www4.law.cornell.edu/uscode/html/uscode38/usc_sec_38_00001117----000-notes.html then to get to 1118 click on next at the bottom of the page) these two laws state that the Jackson MS Veterans Administration Claims Office should have never denied me for my claim if I am reading these two laws correctly. These laws state and I quote
From TITLE 38 > PART II > CHAPTER 11 > SUBCHAPTER II > § 1117
(a)
(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):
(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.
(e) A disability for which compensation under this subchapter is payable shall be considered to be service connected for
purposes of all other laws of the United States.
From TITLE 38 > PART II > CHAPTER 11 > SUBCHAPTER II > § 1118
(a)
(2)
An illness referred to in paragraph (1) is any diagnosed or undiagnosed illness that—
(A) the Secretary determines in regulations prescribed under this section to warrant a presumption of service
connection by reason of having a positive association with exposure to a biological, chemical, or other toxic agent,
environmental or wartime hazard, or preventive medicine or vaccine known or presumed to be associated with service
in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War; and
(B) becomes manifest within the period, if any, prescribed in such regulations in a veteran who served on active duty in
that theater of operations during that war and by reason of such service was exposed to such agent, hazard, or
medicine or vaccine.
(3) For purposes of this subsection, a veteran who served on active duty in the Southwest Asia theater of operations during
the Persian Gulf War and has an illness described in paragraph (2) shall be presumed to have been exposed by reason of
such service to the agent, hazard, or medicine or vaccine associated with the illness in the regulations prescribed under
this section unless there is conclusive evidence to establish that the veteran was not exposed to the agent, hazard, or
medicine or vaccine by reason of such service.
it is best for me explain best by copying and paste the sections of these laws. Then you see and understand where I am coming from with these laws. there is another law that states that will have to go back to the date of discharge no my discharge form (my DD214) that law is
the laws I used are laws USC title code 38 part 2 chapter 11 sub chapter II Sub Section 1117 and 1118 (laws are here if you wish to read them, http://www4.law.cornell.edu/uscode/html/uscode38/usc_sec_38_00001117----000-notes.html then to get to 1118 click on next at the bottom of the page) these two laws state that the Jackson MS Veterans Administration Claims Office should have never denied me for my claim if I am reading these two laws correctly. These laws state and I quote
From TITLE 38 > PART II > CHAPTER 11 > SUBCHAPTER II > § 1117
(a)
(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):
(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.
(e) A disability for which compensation under this subchapter is payable shall be considered to be service connected for
purposes of all other laws of the United States.
(f)
For purposes of this section, the term “Persian
Gulf veteran” means a veteran who served on active duty in the Armed
Forces in the Southwest Asia theater of operations during the Persian Gulf War.
Forces in the Southwest Asia theater of operations during the Persian Gulf War.
(g)
For purposes of this section, signs or symptoms
that may be a manifestation of an undiagnosed illness or a chronic
multisymptom illness include the following:
multisymptom illness include the following:
From TITLE 38 > PART II > CHAPTER 11 > SUBCHAPTER II > § 1118
(a)
(1)
For purposes of section
1110 of this title, and subject to section
1113
of this title, each illness, if any, described in
paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph,
notwithstanding that there is no record of evidence of such illness during the period of such service.
paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph,
notwithstanding that there is no record of evidence of such illness during the period of such service.
(A) the Secretary determines in regulations prescribed under this section to warrant a presumption of service
connection by reason of having a positive association with exposure to a biological, chemical, or other toxic agent,
environmental or wartime hazard, or preventive medicine or vaccine known or presumed to be associated with service
in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War; and
(B) becomes manifest within the period, if any, prescribed in such regulations in a veteran who served on active duty in
that theater of operations during that war and by reason of such service was exposed to such agent, hazard, or
medicine or vaccine.
(3) For purposes of this subsection, a veteran who served on active duty in the Southwest Asia theater of operations during
the Persian Gulf War and has an illness described in paragraph (2) shall be presumed to have been exposed by reason of
such service to the agent, hazard, or medicine or vaccine associated with the illness in the regulations prescribed under
this section unless there is conclusive evidence to establish that the veteran was not exposed to the agent, hazard, or
medicine or vaccine by reason of such service.
it is best for me explain best by copying and paste the sections of these laws. Then you see and understand where I am coming from with these laws. there is another law that states that will have to go back to the date of discharge no my discharge form (my DD214) that law is
TITLE 38 > PART II > CHAPTER 11 > SUBCHAPTER II > § 1110
§ 1110. Basic entitlement
For disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting
injury suffered or disease contracted in line of duty, in the active military, naval, or air service, during a period of war, the
United States will pay to any veteran thus disabled and who was discharged or released under conditions other than
dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was
aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the
veteran’s own willful misconduct or abuse of alcohol or drugs.
So as you can see these laws help the Veteran in a case like mine or if any other Veteran is reading this and needs to get access to these law you can go to http://www4.law.cornell.edu/uscode/html/uscode38/usc_sup_01_38.html and start here and click on the Part I -VI that they need to help them,
So now back to the letter I am asing my congressman to step in as a Congressman Of the State of Mississippi and assist me in getting my disability, and I am asking him to do a full congressainal investagation of this office. This office needs a serious looking in to on how they are doing the things they are doing.
I will let you know the out come of the letter and I will post my letter at that time I want to be fair and let my Congressman have a chance to respond to my letter, and I will also post his responce too.
If any of you have any suggestions that may help or know if any other information that may help please coment in the coments sections.
§ 1110. Basic entitlement
For disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting
injury suffered or disease contracted in line of duty, in the active military, naval, or air service, during a period of war, the
United States will pay to any veteran thus disabled and who was discharged or released under conditions other than
dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was
aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the
veteran’s own willful misconduct or abuse of alcohol or drugs.
So as you can see these laws help the Veteran in a case like mine or if any other Veteran is reading this and needs to get access to these law you can go to http://www4.law.cornell.edu/uscode/html/uscode38/usc_sup_01_38.html and start here and click on the Part I -VI that they need to help them,
So now back to the letter I am asing my congressman to step in as a Congressman Of the State of Mississippi and assist me in getting my disability, and I am asking him to do a full congressainal investagation of this office. This office needs a serious looking in to on how they are doing the things they are doing.
I will let you know the out come of the letter and I will post my letter at that time I want to be fair and let my Congressman have a chance to respond to my letter, and I will also post his responce too.
If any of you have any suggestions that may help or know if any other information that may help please coment in the coments sections.
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