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

[pwrslm]

I agree w/ ArNG11.  If the terms "more likely than not" are there, you have a great nexus.  The fact that he extrapolated the explanation and cited that the failure to diagnose existed put a 10 pound weight on top of a great thing.  You have a strong case for getting backdated on this.

[Navy04]

Glad to see you made it thru the exam. I feel your pain, as I have dealt with Crohns for a long time now. Your situation is similar to mine, in that, I have had a few C&P exams where the Doc either Diagnosed me with a New Condition, that was granted SC. or the Doc would explain that my Current Diagnoses was Either MisDiagnosed while in Service, or Not Treated Properly. Either way, I have had the VA grant me SC in the end and usually well granted.  I would wait and see what the VA RO says ultimately in your Decision Letter, then go from there. VA gives us Hell 90% of the Time, and 10% of the Time they actually do their Job Well!!!!   Good luck and keep us posted bud. God Bless and hope you have a Happy New Year!!!

[leadbelly1981]

I feel that at this point it is wait and see what the RO decides. If the reverse the denial it will result in back pay. I was rated at 50 from 2004 to 2013 and 60 from 2013 till now.  The disability questioneer is filled out to result in an additional 30 percent rating.  

 

Anything else I should do? Thanks for all the input everyone.

[Guest]

First things first, VA can only go by the evidence you submit and the evidence of record at the time of any rating.  Keep in mind to be granted service connection a veteran must have: 1. An in-service injury or disease, 2. A current diagnosis, and 3. A nexus connecting 1. and 2. together.  The problem I see is you did not get the nexus statement until 2015.  Even though it is a great nexus, VA will most likely go by the date of this nexus. I truly hope I am wrong but if you did not have a diagnosis of IBS back in 2004, how can VA pay you any type of retro.  Even though you got you a nexus this evidence was not (available )in your records until recently so VA will look at the 2004 rating as a solid/good rating.  It is possible to win a EED but you will most likely have to file an appeal and you may not get the EED. That is why I posted that I hope you have/had a diagnosis of IBS prior to you 2004 rating decision.

[leadbelly1981]

So how much weight does the VA Give their own GI doctors opinion that the error was in not diagnosing me in the army and him stating my condition was ibs since 2001? Should the benefit of doubt not lean my way seeing the VA made a decision without a diagnosis, that is what this doctor is stating.

Edited December 29, 2015 by leadbelly1981

[Guest]

What I am trying to say is that VA will most likely service connect your condition as of 2015 the date when you got this nexus.  Doctors do not rate veterans VA raters do that, without a medical diagnosis that links the current condition to the in-service condition then the claim must be denied until there is some type of relationship made or built.  As of 2015 a relationship was made but to go back to 2001, IMHO you would need some type of link/relationship diagnosed back prior to your 2004 claim.  VA is a very strange animal and I have seen them even try to get a second VA medical opinion if they do not like their own C & P examiners opinion.  So anything is possible but I would think that they would try their best to save money and not pay you any retro payment until this C & P exam.