Denied Fibromyalgia And Ibs

[Rude1122]

I found out yesterday I was denied for fibromyalgia and ibs. I was in the gulf war 90-94. I put in a claim for presumptive. I had 2 dbqs filled out from specialist and all my medical records sent in. I called the ro to see why it was denied. First he said because there was nothing in my military records. I replied it is presumptive because I was in gulf war. He put me on hold. When he came back he told me the doctor who did the c+p linked it to another illness. I told him I saw the c+p and the doctor never mentioned that. She actually backed up my doctor diagnosis by finding all the tender points. He then said he would call me back. When he called back he told me there was nothing he could do because the claim closed. He told me to fill out a nod form and email it to him and he would expidite the appeal. He said he couldn't guarantee it would be approved but he would have someone else look at it. Does this sound fishy to anyone else?

[chuck57thSig]

After my letter to "Bob", I received a call from a lady with the Nashville RO. She opened a claim for all the things I claimed back in 1994 including a back date request. I got multiple DBQ's for Fibromyalgia from my VA Rhuematologist, IBS from the Gastroenterologist the local VA clinic outsourced me to, etc. That claim was opened 11/06/14. April 30th 2015 it closed and I had been 0% for migraines - that was increased to 30%, I was awarded 40% for Fibromyalgia, 10% for bilateral tinnitus, and 10% for IBS. These along with my 70% PTSD put me at 90%. I called the lady at the Nashville RO and told her that I disagreed with the IBS - should be 30% and the migraines should be 50%. Nothing was back dated to 1994. She asked me to fill out a form and email it to her. She said "ok, let me see what I can do". 2 weeks later I'm at 100% with 70%-PTSD, 50% Migraines, 40% Fibromyalgia, 30% IBS, 10% Bilateral Tinnitus, and an extra $100 a month for ED secondary to Fibromyalgia for difficulty due to pain. Currently the lady from the RO is getting me a copy of my C-File to use in filing an actual NOD for back dating. I just need to find a lawyer to take the case.

 The thing is, when I sent the form back to her I said, "Ok (name), here is the form you asked for to do the increases and the back-dating." and I copied "Bob" on the email. Basicly... she had no choice but to proceed properly.

[chuck57thSig]

BTW - In the C&P done by the VA examiner, it contains the following exerpts:

"This is a Gulf War exam.
The veteran claims fibromyalgia, joint and muscle pain/spasms, IBS, ED and
dizziness, see templates"

and for each claimed issue templates the following section appears:

"RESTATEMENT OF REQUESTED OPINION:
a. Opinion from general remarks: Does the veteran have dizziness and if so
is it related to Gulf War environmental exposures?
b. Indicate type of exam for which opinion has been requested: CNS/dizzy

TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR DIRECT SERVICE
CONNECTION ]

"a. The condition claimed was at least as likely as not (50% or greater
probability) incurred in or caused by the claimed in-service injury, event
or illness."

or
"b. The condition claimed was less likely than not (less than 50%
probability) incurred in or caused by the claimed in-service injury, event
or illness."