constipation claim, ibs ?

[leadbelly1981]

I started having trouble with constipation pretty bad while I was in the army. Upon my ets at the exam I told the doctor that I had a lot of trouble going. I had also been seen twice for constipation while in the service

 

I received a letter from the va a few months after getting out stating that consipation is a symptom not a diagnosis and that my claim was denied and if I could provide new and material evidence the claim could be revisited. That was in 2004. 

 

I reopened my claim september 2015 and went to a c and p in San Francisco.  The doctor was a gasteroentrologists and he was pretty helpful. He stated that I have ibs constipation predominate. this is his exact medical opinion in the remarks section of the disability questioner.

 

In my opinion as a gastroenterologists, mr. B 's condition of abdominal bloating and chronic constipation represents irritable bowel syndrome, constipation predominate. It is more likely than not this this is the same condition for which he was seen in the army  on these dates. His complaint was never properly evaluated by the army prior to his discharge on. this condition has been continuously present by history and has been documented to present in va records at least since presentation to the sr va in 2009.  In my opinion his prior denial of va service connected status was in error in not recoginizing that his medical condition present since 2001 , is irritable bowel syndrome, constipation predominant.

 

Edited December 29, 2015 by leadbelly1981

[Guest]

Before I say that you will have a fight on your hands, look through your medical records to see if you were ever diagnosed with IBS either in the military and or prior to your 2004 Rating decision. If and I say if you did not get a diagnosis of IBS until 2015 you may have a battle on your hands.

[leadbelly1981]

I added his exact medical opinion

[pwrslm]

Have you got copies of your original medical records from active duty?  You should be able to get them and see what the actual diagnosis was while you were in service.

 

If there is none, you need a GI doc to give you a nexus letter stating that it is more likely than not that the constipation you had in service is more likely than not a symptom of a specific problem (IBS) that you have today.  Study up on Nexus letters from the internet and on hadit.com so that you can get a full understanding what the Nexus letter needs for you to win a claim.

 

To get this backdated, you have to ID an error in the original ruling, a mistake maybe that they made like failure to diagnose based on the symptoms at that time.  Constipation is not always caused by IBS, so that's another reason why you need to get your SMR's from your active duty stint.  Get registered on EBenefits and you should be able to get the records there.

[leadbelly1981]

Have you got copies of your original medical records from active duty?  You should be able to get them and see what the actual diagnosis was while you were in service.

 

If there is none, you need a GI doc to give you a nexus letter stating that it is more likely than not that the constipation you had in service is more likely than not a symptom of a specific problem (IBS) that you have today.  Study up on Nexus letters from the internet and on hadit.com so that you can get a full understanding what the Nexus letter needs for you to win a claim.

 

To get this backdated, you have to ID an error in the original ruling, a mistake maybe that they made like failure to diagnose based on the symptoms at that time.  Constipation is not always caused by IBS, so that's another reason why you need to get your SMR's from your active duty stint.  Get registered on EBenefits and you should be able to get the records

 

 

 

First off thank you for your response. I do have my medical records. No diagnosis in service only complaints of bouts of constipation. My question at this point is if the GI Doctor who conducted my c and p stated everything you say I need in a nexus letter already in the disability questioneer then do I need another nexus letter?

 

 

This is what he said.

 

In my opinion as a gastroenterologists, mr. B 's condition of abdominal bloating and chronic constipation represents irritable bowel syndrome, constipation predominate. It is more likely than not this this is the same condition for which he was seen in the army  on these dates. His complaint was never properly evaluated by the army prior to his discharge on. this condition has been continuously present by history and has been documented to present in va records at least since presentation to the sr va in 2009.  In my opinion his prior denial of va service connected status was in error in not recoginizing that his medical condition present since 2001 , is irritable bowel syndrome, constipation predominant.

[leadbelly1981]

I don't know if any doctor could make a better argument on my behalf. This doctor totally advocated for me at least that is how I feel.

[ArNG11]

This is just my opinion, but sounds like you have a good nexus.  SMR that indicate a condition while in service, a doctor, let me correct a specialist, which has stated in his medical opinion, your illness and condition and the  relationship to service.

Personally I like the fact that the doc stated the denial was an error, but that's not the biggie.  The doc has given you what you need to fight the denial.  

If worse comes to worse you may have to get a second opinion, however, make sure you file your NOD and be clear of your disagreement with the decision.  Refer to the records in service, the docs medical opinion, and so forth.  

JMO Good luck