Help, Unknown What To Do

[BobLoblaw]

First of all, I would like to thank everyone that uses this board. Without you, I would have been lost with my claim. I got a decision back, and it was better than expected. I was rated on things, I didn't think I would be rated on, and denied on things I believe I should have been rated on. The question I have, is about one of those denials. I was denied on the IBS. This is what the decision says:

"Review of your service treatment records report dated 7-8-2008 with a diagnosis of IBS. Separation examination dated 10-30-2008 also reports complaint of IBS. A review of your VA treatment records continue to show a diagnosis of IBS.

Your exam from VA dated 3-31-2009 reports a diagnosis of IBS with functional impairment. (this was my C&P exam).

Although there is a diagnosis shown in service of IBS, service connection is denied, as the evidence failed to show this condition was considered a chronic disability during military service."

To me it sounds like they contridicted themselves in the explanation. What is the VA's definition of Chronic? The first diagnosis of IBS was 7-2008 and I am currently being treated for IBS from the VA. Is 17 months not chronic? If not, I have, and sent VA, two "post deployment health assessments" (that we were required to do upon re-deployment) dated 6/24/2004 and 7/26/2004

To the question "Do you have any of these symptoms now or did you develop them anytime during this deployment? Diarreha: I anwsered "Yes, During and now."

They used the same two forms to deny me for tinnuitis, because to the "ringing in ears" I anwsered "No"

I thought that the claim for IBS would have been an easy one to win for me based on the

"Persian Gulf War Veterans' Benefit Act" which authorizes VA to compensate any gulf war veteran suffering from a "qualifying chronic disability" resulting from an undiagnosed illiness or combinitation of undiagnosed illinesses appearing either during active duty in the Southwest Asia theater of operations during the gulf war, or to a degree of 10 percent or more within a presumptive period following service in the theater. Section 202 of the "Veterans Education and Benefits expansion act of 2001" expanded the definition of "qualifying chronic disability" to include (1) a medically unexplained chronic multi-symptom illness (such as Chronic fatigue syndrome, fibromyalgia and IBS) that is defined as a cluster of signs or symptoms; and (2) any diagnosed illness that the Sec. of VA determines in regulations warrant a presumption of service connection.

They used the above paragraph to deny me on a claim for GERD. Shouldn't this have been used to award me the claim for IBS???? Is from 6/2004 to now not long enough, by VA standards to be considered chronic????

I was active duty Army 2002-2005 and 2007-2008. Served in Iraq, Baghdad 3/2003-7/2004

PLEASE HELP ON WHAT I SHOULD DO NEXT--THANKS

[tck5810]

Hi,

I was denied for IBS also, but I did get rated for GERD (which was a little surprising to me). I was told the same argument about not being chronic. I admit I learned how to cope with the disease in my younger years in the Army, but i still had frequent bouts. In fact I spent a whole year suffering through this daily while I was stationed in Tunisia. I think my problem is that the records from that period are in French (since I was seen in a local clinic), and the VA did get a translation to see what the report said. Plus I also reported problems as late as 2001, which lead me to get a colonoscopy...diagnosis...IBS. I have active prescription to help control it, and I've been seen several times for it through our clinic. Yet it's not chronic and there's no service connection.

TCK

[pacmanx1]

BobLoblaw

Welcome to hadit, if you are still within one year of your rating for IBS file a NOD.