IBS CLAIM DENIED

islandboy25

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I retired from the Army in March of 2016, later that I started experiencing constant bowel movement along with severe bloating. It started in Kuwait in 2013, but would come and go and I was too embarrassed to get have it check out. I finally manned up March 2017 decided to seek medical treatment.

My PCM at the military hospital gave me a few different medication with no results. Did stool testing, first one came back positive for bacteria. Took some Flagyl and it cleared up the bacteria, but symptoms persisted.

I was referred to the Gastro Specialist, tried some more meds and did additional stool testing, no sign of bacteria. Later did a colonoscopy which showed mild colitis. Gastro Specialist Retired and I waited a few weeks to see to new one.

Start first appointment with new Specialist and have me new meds a had me do another stools test, came back clean.

Here we are in Nov-17, I submitted a claim for IBS was sent for a C&P exam at my local VA in March-18, I originally submitted a DBQ completed by my Gastro DR. My C&P exam lasted all but 5 minutes, only questions asked was for me to verify my DOB/Name/SSN/Deployment Location and dates.

Do I have any leg to stand on in reversing the VA decision? Below is a few screenshots explaining why my claim was denied. TIA
 

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Even though all gulf War claims are presumptive the VBA pretends that its not and wants a nexus which isn't required only a diagnosis and proof that your served in the middle east. Appeal
 
I retired from the Army in March of 2016, later that I started experiencing constant bowel movement along with severe bloating. It started in Kuwait in 2013, but would come and go and I was too embarrassed to get have it check out. I finally manned up March 2017 decided to seek medical treatment.

My PCM at the military hospital gave me a few different medication with no results. Did stool testing, first one came back positive for bacteria. Took some Flagyl and it cleared up the bacteria, but symptoms persisted.

I was referred to the Gastro Specialist, tried some more meds and did additional stool testing, no sign of bacteria. Later did a colonoscopy which showed mild colitis. Gastro Specialist Retired and I waited a few weeks to see to new one.

Start first appointment with new Specialist and have me new meds a had me do another stools test, came back clean.

Here we are in Nov-17, I submitted a claim for IBS was sent for a C&P exam at my local VA in March-18, I originally submitted a DBQ completed by my Gastro DR. My C&P exam lasted all but 5 minutes, only questions asked was for me to verify my DOB/Name/SSN/Deployment Location and dates.

Do I have any leg to stand on in reversing the VA decision? Below is a few screenshots explaining why my claim was denied. TIA
Indeed, submit the DoVA NOD (VA Form 21-0958) within one year of the VA decision letter date and let the VA appeal process take its natural course at this point.

In retrospect, I was denied military service connection for IBS upon receipt of my DoVA official ratings after completion of the DoD IDES process; it stated "no official diagnosis" on the VA decision documentation. As such, that definitely wasn't accurate! So, I submitted my DoVA NOD after receipt of the DoVA official ratings. Nearly two years later, I was granted full benefits sought on the DoVA appeal for Migraines/Headaches, IBS, & TBI.

Bottom line, not submitting a DoVA NOD appeal at this particular point in time will definitely result in a continued "not military service connected" decision by the DoVA VBA. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
I had an Cp exam for IBS back in March 2018 and the tests came back negative. But GI suspects my diarrhea and constipation is attributed to IBS
 
There are other things besides bugs that can cause diarrhea. During the Gulf War many members were exposed to deplete uranium (from US weapons) that caused massive diarrhea. Very little exposure is required.

IBS is presumptive for SWA vets and the decision confounds me. I would have my Notice of Disagreement uploaded on e-benefits ASAP.
 
I had an Cp exam for IBS back in March 2018 and the tests came back negative. But GI suspects my diarrhea and constipation is attributed to IBS
Doctor says my IBS is service connected
In retrospect, do you also have an official IBS diagnosis from a medical board-certified Gastroenterologist? If so, I would suggest that you initially request a DoVA reconsideration on the IBS claim and include the official IBS diagnosis medical evidence/documentation as validated proof showing the IBS C&P exam results were not reliable.

As such, a DoVA reconsideration will take much less time to complete than a DoVA NOD at this point. But, you must keep track of time to ensure that you don't miss an opportunity (e.g., within one year of the date on the VA decision letter) to submit a DoVA NOD if the DoVA reconsideration doesn't positively resolve your issue.

Upon the submission of a DoVA NOD, if applicable to your individual medical situation, I would claim that in accordance with the Persian Gulf War eligibility requirements for qualifying undiagnosed illness or diagnosable chronic disability patterns that appear either during a qualifying period of active service or prior to December 31, 2021, the onset of your IBS began. Moreover, ensure to provide proof of any deployments to the Southwest Asia theater of military operation and include all medical documentation supporting the IBS symptomology. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
I received 10% IBS back in 2013 after 10-11 In Afghanistan. Went to a conp and pen exam for PTSD and a hip pain and was questions then about it and somehow the doc added it to my conp and pen. Long story short I never applied for it. Currently I have had several hospital visits and stays. For unknown illnesses, have been tested for everything you can think of. My point is to get that service connected and fight for it. Things change health wise down the road. I'm currently in peb stage for ptsd and IBS. Don't take no for an answer when they give it to others like my self. Turns out they knew more then I. Good luck!
 
Rfaber so you was found unfit for IBS, cause i wasn't aware of that being a unfit condition?
 
Rfaber so you was found unfit for IBS, cause i wasn't aware of that being a unfit condition?
No it didn't say unfit for IBS on my narsum. I haven't seen my results from peb yet. But would assume I will only receive a VA rating not a DOD rating. I will update if different.
 
No it didn't say unfit for IBS on my narsum. I haven't seen my results from peb yet. But would assume I will only receive a VA rating not a DOD rating. I will update if different.
MY VA CLAIM IN COMPLETE AND THEY INCREASED MY IBS TO 30%
 
Rfaber congrats on your VA claim for IBS that is the max you can get for IBS.
 
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