IBS Presumptive DENIED

IBS Presumptive DENIED

Mwitt75
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Joined: 22 Nov 2015, 23:29

28 Aug 2017, 15:49 #1

Okay so I have IBS(c) really bad and was awarded 0% SC how can that be so?  I should have gotten at least something, I have tried every medicine on the market had colonoscopies etc and have diverticulitis and gerd all denied.  Please help as I will have to appeal this issue and I don't know what they could possible need from me.. My stomach gets so sore it hurts to button my pants all I told to the C&P doc.  I am not old or overweight I served in Iraq 07-08.
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Cavmedic
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Joined: 13 Aug 2009, 06:19

28 Aug 2017, 15:53 #2

You were not denied if service connected at 0%
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Flight
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Joined: 16 Aug 2017, 15:56

28 Aug 2017, 15:56 #3

You did get something, you are SC for IBS. 0% is for mild condition. The evidence must have pointed to that particular rating. If you disagree, talk to your VSO. 
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Mwitt75
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Joined: 22 Nov 2015, 23:29

28 Aug 2017, 16:29 #4

Thanks they gave me a lot of 0% SC on stuff but my VSO quit half way through my claim and there isn't a local replacement yet just a super busy office in St. Louis which is 2 hours away and I can't even get in touch with anyone there.

It is just so frustrating for all of us.
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Mwitt75
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Joined: 22 Nov 2015, 23:29

28 Aug 2017, 16:31 #5

Also what is symptoms are considered above Mild? 
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Flight
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Joined: 16 Aug 2017, 15:56

28 Aug 2017, 18:16 #6

7319 Irritable colon syndrome (spastic colitis, mucous colitis, etc.):
 
Severe; diarrhea, or alternating diarrhea and constipation, with more 
or less constant abdominal distress......30%

Moderate; frequent episodes of bowel disturbance with abdominal 
distress.......10%

Mild, disturbances of bowel function with occasional episodes of 
abdominal distress......0%
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Mwitt75
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Joined: 22 Nov 2015, 23:29

28 Aug 2017, 19:50 #7

Thanks I should have fallen into the 30% range not sure why they gave what they did.
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Nick
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Joined: 27 Feb 2011, 02:04

28 Aug 2017, 20:07 #8

Mwitt75 wrote: Okay so I have IBS(c) really bad and was awarded 0% SC how can that be so?  I should have gotten at least something, I have tried every medicine on the market had colonoscopies etc and have diverticulitis and gerd all denied.  Please help as I will have to appeal this issue and I don't know what they could possible need from me.. My stomach gets so sore it hurts to button my pants all I told to the C&P doc.  I am not old or overweight I served in Iraq 07-08.
Did not the award letter tell you what the criteria was for the next higher rating?

You stated in your topic heading that you were denied - you were not denied as  already noted in this topic.  You were service connected at 0%.
Nick
USAF RETIRED
100% P&T
100% CRSC

Complete layman - not a VSO and not a VA employee.
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ryokeley12
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Joined: 29 Aug 2017, 01:04

29 Aug 2017, 03:03 #9

Mwitt75 wrote: Okay so I have IBS(c) really bad and was awarded 0% SC how can that be so?  I should have gotten at least something, I have tried every medicine on the market had colonoscopies etc and have diverticulitis and gerd all denied.  Please help as I will have to appeal this issue and I don't know what they could possible need from me.. My stomach gets so sore it hurts to button my pants all I told to the C&P doc.  I am not old or overweight I served in Iraq 07-08.
The good news is that they did not deny you, and now you do not need an opinion. You just need a doctor to conduct an exam to determine the extent of the condition. You have the diagnosis, but on the narrative was the condition classified as Gulf War or just SC? It is possible to have another primary cause for the condition. What does your primary care provider say about your IBS? What prescriptions have you attempted. The good news is that the rating can only go up. If you disagree with the rating then you can always appeal the issue, but without new and material evidence you will not be able to open a reconsideration effectively. If you are being treated by a civilian doctor then you could see if they would be willing to fill out a DBQ or provide an exam for you. 
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Bighighway
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Joined: 26 May 2016, 08:12

05 Sep 2017, 17:51 #10

ryokeley12 wrote:
Mwitt75 wrote: Okay so I have IBS(c) really bad and was awarded 0% SC how can that be so?  I should have gotten at least something, I have tried every medicine on the market had colonoscopies etc and have diverticulitis and gerd all denied.  Please help as I will have to appeal this issue and I don't know what they could possible need from me.. My stomach gets so sore it hurts to button my pants all I told to the C&P doc.  I am not old or overweight I served in Iraq 07-08.
The good news is that they did not deny you, and now you do not need an opinion. You just need a doctor to conduct an exam to determine the extent of the condition. You have the diagnosis, but on the narrative was the condition classified as Gulf War or just SC? It is possible to have another primary cause for the condition. What does your primary care provider say about your IBS? What prescriptions have you attempted. The good news is that the rating can only go up. If you disagree with the rating then you can always appeal the issue, but without new and material evidence you will not be able to open a reconsideration effectively. If you are being treated by a civilian doctor then you could see if they would be willing to fill out a DBQ or provide an exam for you. 
I may ask for a reconsideration or a CUE. The granting of a zero percent rating, the law states at least 10 percent rating. Appeal or keep getting treatment and ask for a increase.
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pgwvet
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Joined: 08 Jun 2008, 00:42

05 Sep 2017, 21:43 #11

What did you write in your statement, what did you tell the examiner?
what does the exam say?
file a NOD depending on what you said.
What are your symptoms?
James A. Bunker
Executive Director
National Gulf War Resource Center
1725 SW Gage Blvd.
2nd Floor #200
Topeka, KS 66604
Gulf War Illness Guide
http://kansasvets.org
Like us on Facebook
http://www.facebook.com/ngwrc
HTTP://WWW.NGWRC.ORG
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ryokeley12
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Joined: 29 Aug 2017, 01:04

05 Sep 2017, 22:46 #12

Bighighway wrote:
ryokeley12 wrote:
Mwitt75 wrote: Okay so I have IBS(c) really bad and was awarded 0% SC how can that be so?  I should have gotten at least something, I have tried every medicine on the market had colonoscopies etc and have diverticulitis and gerd all denied.  Please help as I will have to appeal this issue and I don't know what they could possible need from me.. My stomach gets so sore it hurts to button my pants all I told to the C&P doc.  I am not old or overweight I served in Iraq 07-08.
The good news is that they did not deny you, and now you do not need an opinion. You just need a doctor to conduct an exam to determine the extent of the condition. You have the diagnosis, but on the narrative was the condition classified as Gulf War or just SC? It is possible to have another primary cause for the condition. What does your primary care provider say about your IBS? What prescriptions have you attempted. The good news is that the rating can only go up. If you disagree with the rating then you can always appeal the issue, but without new and material evidence you will not be able to open a reconsideration effectively. If you are being treated by a civilian doctor then you could see if they would be willing to fill out a DBQ or provide an exam for you. 
I may ask for a reconsideration or a CUE. The granting of a zero percent rating, the law states at least 10 percent rating. Appeal or keep getting treatment and ask for a increase.
You mentioned that you served from 07-08. You fall within the presumtives of gulf war. I agree with what pgwvet echoed... based on what I understand right now then I would file a NOD. Generally, I would only consider a reconsideration if I was denied a claim that evidence was missed or had a diagnosis/ differing opinion which would provide the missing component of the claim. Considering they already service connected you for IBS then you are only given two real options... you either have to submit new evidence that shows the condition is worse than it orginally rated or you can file a NOD. The claim process has sped up, and depending on when you filed your claim you can likely try both. However, unless you have material that is new and material then the claim will be denied and you will have to file a NOD. Who are you currently being seen for you conditions by (private or VA doctor?) If a private doctor would fill the DBQ out then you will have a chance, but many doctors are reluctant. If you do decide this way then make sure they read and annotate that they reviewed your entire str's. If you do not have access to them or do not have a copy then you will need a copy of them prior. As mentioned by pgwvet, your exam should provide a lot of clarity on why they rated IBS at 0. Additionally, the narrative the VA sent instructs what is needed for an increased rating. What did they classify IBS as on the narrative reason? If it is not gulf war related then it does not have to be considered under the presumptive law. Sorry for the lengthy reply, but without more information then it is tough to assist you. 
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RLHAGEMANN
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Joined: 12 May 2012, 17:35

05 Sep 2017, 23:54 #13

Just got mine back denied too. Served in Gulf and Afghanistan. Environmental hazards Burning oil fields, burn pits, vaccines (anthrax), medications (mefloquine & doxy). Had diverticulitis so bad required month in hospital a colostomy bag for three months, then a colon resection. C&P doc pretty much poo poo'd the gulf connection as allot people my age (54) get diverticulitis. Didn't get diagnosed with diverticulosis till two years after retired as they don't do colonoscopies till you are 50. Had they done that could of at least got something for it. Just got my results. Gonna mull it it over if I pursue it. I originally claimed GERD on my exit physical and they gave me zero not service connected. Along with the diverticulitis claim I reclaimed the GERD. At my C &P the doc didn't have any medical records from my military career to review. I provided the entire record when I retired. Lucky for me I brought my copy with me. Along with my denial for diverticulitis/colon resection it says I should apply for the GERD. Well I did apply for the GERD. Twice now. Round and round we go.


Sent from my iPhone using Tapatalk
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pgwvet
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Joined: 08 Jun 2008, 00:42

08 Sep 2017, 14:21 #14

Mwitt75 wrote: Okay so I have IBS(c) really bad and was awarded 0% SC how can that be so?  I should have gotten at least something, I have tried every medicine on the market had colonoscopies etc and have diverticulitis and gerd all denied.  Please help as I will have to appeal this issue and I don't know what they could possible need from me.. My stomach gets so sore it hurts to button my pants all I told to the C&P doc.  I am not old or overweight I served in Iraq 07-08.
So if you only told the C&P what you have posted here, it is a 0% rating.
James A. Bunker
Executive Director
National Gulf War Resource Center
1725 SW Gage Blvd.
2nd Floor #200
Topeka, KS 66604
Gulf War Illness Guide
http://kansasvets.org
Like us on Facebook
http://www.facebook.com/ngwrc
HTTP://WWW.NGWRC.ORG
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92fueleroifoef
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Joined: 26 Sep 2017, 01:54

26 Sep 2017, 14:49 #15

If you did your exam at the VA get copy's of it and read it to point out mistakes, if you did in through VES, QTC get copy's from your RO.  Then read the ratings for IBS and just open it back up for increase, because a NOD is going to take forever( increase is faster than NOD)       
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okichewy1
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Joined: 20 Mar 2017, 13:13

04 Oct 2017, 15:05 #16

@RLHAGEMANN - I received my colonoscopy when I was only 44 for my IBS diagnosis.  The RO denied my initial claim for GW presumptive even though my primary doctor diagnosed it and started me on medications for IBS.  Since I had IBS diagnosed from her already, she ordered the colonoscopy for me, no issues.  Oncologist again diagnosed me with IBS-D, resubmitted and was approved for IBS GW presumptive. 
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Bighighway
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Joined: 26 May 2016, 08:12

04 Oct 2017, 17:12 #17

okichewy1 wrote: @RLHAGEMANN - I received my colonoscopy when I was only 44 for my IBS diagnosis.  The RO denied my initial claim for GW presumptive even though my primary doctor diagnosed it and started me on medications for IBS.  Since I had IBS diagnosed from her already, she ordered the colonoscopy for me, no issues.  Oncologist again diagnosed me with IBS-D, resubmitted and was approved for IBS GW presumptive. 
Way to not give up and fight for what you earned. Now enjoy it!
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