went in for one thing came out with two

went in for one thing came out with two

92fueleroifoef
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Joined: 26 Sep 2017, 01:54

26 Sep 2017, 02:10 #1

Let me just start by saying I have been on this site since 2008, love it best website out there.  I am a OIF/OEF veteran i filed a claim for fibromyalgia (exam went great) but the doctor also stated I have IBS and did a dbq for me as well.  My question is sense I only filed for fibromyalgia will they rate that IBS as well?  Any input will help thanks guys!!

SGT.Nichols
Quartermaster corp
92fox
3rd coscom( hauna germany)2000-2003
3/82nd aviation combat regiment ft. Bragg NC (2004-2007)
OIF 1,3
OEF 7 
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Baowulf
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Joined: 23 Sep 2017, 23:20

26 Sep 2017, 02:23 #2

92fueleroifoef wrote: Let me just start by saying I have been on this site since 2008, love it best website out there.  I am a OIF/OEF veteran i filed a claim for fibromyalgia (exam went great) but the doctor also stated I have IBS and did a dbq for me as well.  My question is sense I only filed for fibromyalgia will they rate that IBS as well?  Any input will help thanks guys!!

SGT.Nichols
Quartermaster corp
92fox
3rd coscom( hauna germany)2000-2003
3/82nd aviation combat regiment ft. Bragg NC (2004-2007)
OIF 1,3
OEF 7 
They will put in a separate rating for IBS whether it gets final approval or not, if they deny IBS just re-file an appeal usually second time around it may get approval.
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92fueleroifoef
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Joined: 26 Sep 2017, 01:54

26 Sep 2017, 13:53 #3

ok thx!!!
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pgwvet
h3
h3
Joined: 08 Jun 2008, 00:42

26 Sep 2017, 14:29 #4

92fueleroifoef wrote: ok thx!!!
You need to file for it.
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, 14:40 #5

pgwvet wrote:
92fueleroifoef wrote: ok thx!!!
You need to file for it.
That's the thing I know IBS is part of gulf war and did not ask her to do it but she saw where I was diagnosed with IBS and said it is part of gulf war and did the dbq for it at the c and p exam after she did the exam for fibro.  I will see what happens after the claim close( it's in PFD) because I have copy's of both DBQ, so if they don't rate it I will just file a FDC with that DBQ. 
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Baowulf
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Joined: 23 Sep 2017, 23:20

26 Sep 2017, 16:45 #6

92fueleroifoef wrote:
pgwvet wrote:
92fueleroifoef wrote: ok thx!!!
You need to file for it.
That's the thing I know IBS is part of gulf war and did not ask her to do it but she saw where I was diagnosed with IBS and said it is part of gulf war and did the dbq for it at the c and p exam after she did the exam for fibro.  I will see what happens after the claim close( it's in PFD) because I have copy's of both DBQ, so if they don't rate it I will just file a FDC with that DBQ. 
The first hearing I went to back in 2010 the doctor put in for chronic fatigue which I did not file a claim for, I was there for another claim which they denied, but gave me a rating for chronic fatigue based on doctors evaluation. So it does happen even though in my case they denied my actual claim and rated me the non-claim I had in. I filed appeal on denied claim and received a rating second time.  
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92fueleroifoef
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Joined: 26 Sep 2017, 01:54

26 Sep 2017, 23:52 #7

thx for your reply
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pgwvet
h3
h3
Joined: 08 Jun 2008, 00:42

27 Sep 2017, 13:30 #8

Baowulf wrote:
92fueleroifoef wrote:
pgwvet wrote:

You need to file for it.
That's the thing I know IBS is part of gulf war and did not ask her to do it but she saw where I was diagnosed with IBS and said it is part of gulf war and did the dbq for it at the c and p exam after she did the exam for fibro.  I will see what happens after the claim close( it's in PFD) because I have copy's of both DBQ, so if they don't rate it I will just file a FDC with that DBQ. 
The first hearing I went to back in 2010 the doctor put in for chronic fatigue which I did not file a claim for, I was there for another claim which they denied, but gave me a rating for chronic fatigue based on doctors evaluation. So it does happen even though in my case they denied my actual claim and rated me the non-claim I had in. I filed appeal on denied claim and received a rating second time.  
In 2010 that is the inferred claim, the regulation changed in March 2015. There is no longer the inferred claim. The veteran now has to claim the illness on the 526 EZ or 526b
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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pgwvet
h3
h3
Joined: 08 Jun 2008, 00:42

27 Sep 2017, 13:46 #9

92fueleroifoef wrote: thx for your reply
You need to file the VA’s intent to file (ITF) form a process is to protect the earliest possible date for the award of benefits resulting from your claim. This form is going to allow you the time, 1 year from the intent to file date and no more, for your POW to get your paperwork into the VARO.  You can just call the VA toll free number at 1-800-827-1000 or  You can log onto your eBenefits accounts to do the ITF. The VARO will sent you some paperwork in the mail after you do this. You do not have to respond to it until you have all of the evidence for the claim ready to be sent in. A First-time “Save” of online application eBenefits is all you need to do.


Benefits can be awarded retroactively to the date of your medical diagnosis or treatment as long as the intent to file is filed within 1 year of the diagnosis or treatment and the required completed claim filing is filed within 1 year of the intent to file claim.  Talk to your VSO about this.


It is very important to remember that the VA will only recognize a single intent to file claim.  That once a VA form 21-526 is filed there is no longer an open ITF, and the date of the ITF is applied to that 21-526.  So if you meant to have 3 issues in the 526 and left one off, then filed a 526 with the third issue, the last one will have a different date of claim. So make sure you do the paperwork right.
Example: You did the ITF for a claim on IBS and was waiting on an exam in nine months. You get a diagnosis for your Fibromyalgia two months later and send in a new claim that was not planned on for the Fibromyalgia. This claim it took the ITF of the IBS. The IBS claim was sent in after 11 months of you sending in the ITF, but it now is not covered by that ITF and is given the effective date of the date you sent in the claim. If you had waited and sent them both in on the same 21-526 you could have had the same effective dates of claim if the symptoms was in the records. Now the IBS lost 11 months of payment.

Provide a copy of all relevant medical evidence you have from non-VA doctors.  While you are filling out a VA 21-4142 (you must turn this in) to grant permission to obtain medical records, the Regional Office (RO) cannot always get the files from private doctors.  Outside doctors sometimes ask the VA to pay for making copies, and the VA will not pay for copies.  Get a copy for yourself and keep it.  Make another copy to give to the VA.
If a civilian doctor's office asks you to pay for copies of your medical records, let them know that you are a military veteran and need the copies in order to apply for Veteran’s Disability Benefits.  Many doctors and/or their office staff will waive their normal copy fee as an act of good will in honor of your service.  If the doctor's office offers to fax or mail your records to the VA for you, politely decline.  Tell them you plan to make a copy for yourself first and then mail the records to the VA personally, via certified mail, so you will have proof that the VA received them.  Tell them that the VA is notorious for losing and misplacing records.


Make sure to describe your illness  right in your statement on the 21-4138. 
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

27 Sep 2017, 14:18 #10

Ok we will see, I'm in Pending decision approval this thing should be finish by the week end, I will let you guys know!!! wish me luck !!!  
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Davee111
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Joined: 04 Sep 2015, 22:01

27 Sep 2017, 18:54 #11

I don't know all the rules etc, but I know what happened in my case.  I filed in 2015  for exactly two contentions. IHD, and Type II diabetes.

At my C&P exam the QTC doctor gave me one of the most comprehensive physicals I have ever had. I wondered why she got out a tuning fork and was touching me all over, and took blood pressure at my ankles. I wish that lady could be my primary care Dr, lol.

When my BBE came, I was rated as follows:

IHD 100%
DB II 20%
Peripheral neuropathy Upper left 20%
Peripheral neuropathy Lower left and right 20% each
Peripheral vascular disease left lower 60%
Peripheral vascular disease right lower 60%

No doctor had ever diagnosed me with the vascular disease or neuropathy prior to the QTC exam, and I see my cardiologist, primary care Dr and hematologist every four months.
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92fueleroifoef
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Joined: 26 Sep 2017, 01:54

27 Sep 2017, 20:37 #12

ok guys claim closed today gave me 40% for fibro but they did not rate the IBS but I forgot I have a DRO review for the IBS.  Now my new question is should I submit that IBS DBQ with my old DRO review for IBS.  I submitted that DRO last year.  Thanks Guys!!!
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Baowulf
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Joined: 23 Sep 2017, 23:20

27 Sep 2017, 23:37 #13

pgwvet wrote:
Baowulf wrote:
92fueleroifoef wrote:

That's the thing I know IBS is part of gulf war and did not ask her to do it but she saw where I was diagnosed with IBS and said it is part of gulf war and did the dbq for it at the c and p exam after she did the exam for fibro.  I will see what happens after the claim close( it's in PFD) because I have copy's of both DBQ, so if they don't rate it I will just file a FDC with that DBQ. 
The first hearing I went to back in 2010 the doctor put in for chronic fatigue which I did not file a claim for, I was there for another claim which they denied, but gave me a rating for chronic fatigue based on doctors evaluation. So it does happen even though in my case they denied my actual claim and rated me the non-claim I had in. I filed appeal on denied claim and received a rating second time.  
In 2010 that is the inferred claim, the regulation changed in March 2015. There is no longer the inferred claim. The veteran now has to claim the illness on the 526 EZ or 526b
Thanks for the update
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pgwvet
h3
h3
Joined: 08 Jun 2008, 00:42

28 Sep 2017, 17:04 #14

92fueleroifoef wrote: ok guys claim closed today gave me 40% for fibro but they did not rate the IBS but I forgot I have a DRO review for the IBS.  Now my new question is should I submit that IBS DBQ with my old DRO review for IBS.  I submitted that DRO last year.  Thanks Guys!!!
you need to send in the IBS DBQ ASAP
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

28 Sep 2017, 19:27 #15

I did have them send it over to the DRO to use, I will also upload it myself as well just in case it gets lost!!  thx for your help
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