So, I have an interesting situation here that I’m not entirely sure how to approach.
I had a C&P exam January 2017. The doc examined my stomach for a contention of gastro-intestinal disturbance (Gulf War vet). The doc also examined my anus/sphincter for hemmoroids.
In regard to intestinal/colon: (7319)
3. Signs and symptoms
---------------------
Does the Veteran have any signs or symptoms attributable to any non-surgical
non-infectious intestinal conditions?
[X] Yes [ ] No
If yes, check all that apply:
[X] Alternating diarrhea and constipation
If checked, describe:
Has been having diarrhea and constipation
[X] Abdominal distension
If checked, describe:
Constant bloating.
4. Symptom episodes, attacks and exacerbations
----
If checked, describe typical exacerbation or attack:
Every day episodes.
Indicate number of exacerbations and/or attacks in past 12
months:
[ ] 0 [ ] 1 [ ] 2 [ ] 3
[ ] 4 [ ] 5 [ ] 6 [X] 7 or more
I was awarded 30% SC for Gastro-intestinal disturbances . Doc also noted in his exam notes (DBQ) the following: In Regard to Rectum/Sphincter (7332)
3. Signs and Symptoms
---------------------
Does the Veteran have any findings, signs or symptoms attributable to any of
the diagnoses in Section 1?
[X] Yes [ ] No
[X] d. Impairment of rectal sphincter control
If checked, indicate severity (check all that apply):
[X] Leakage necessitates wearing of pad
[X] Occasional involuntary bowel movements
[X] Other, describe:
Usually after bowel movememts leaks feces.
Myinitial contentions were Gastro-intestinal disturbance, Sleeplessness, Short term memory loss and bi-lateral arm/ shoulder pain. After my C&P results came in, I noticed on Ebenefits that the VSR had deferred all other items and had added “Stool Incontinence” as a separate deferred disability on my claim.
Turned out, the doc was supposed to examine me for all contentions on the initial C&P. It was returned to him as incomplete and he simply answered I denied sleeplessness, memory loss or bi-lateral arm/ shoulder pain (Ludicrous and untrue).
I was denied on all three contentions based on his answer;However, they did not deny stool incontinence, they simply removed it!
Now, stool incontinence is listed as a separate disability under conditions of the anus & sphincter. The VA doc physically examined my anus/sphincter and put the previous comments in my DBQ. He noted in that DBQ that his findings were “undiagnosed illness”.
How would you approach this since they added it to my initial claim and then simply deleted it when they denied the other contentions? Also, since it is listed on the DBQ as being pretty severe and undiagnosed, should I contest it or simply file it as a new claim with the January C&P as evidence for SC? This code 7332 based on his notes would rate a seperate SC%
-Occasional involuntary bowel movements, necessitating wearing of pad30%
Question
IMEF-Gunny
So, I have an interesting situation here that I’m not entirely sure how to approach.
I had a C&P exam January 2017. The doc examined my stomach for a contention of gastro-intestinal disturbance (Gulf War vet). The doc also examined my anus/sphincter for hemmoroids.
In regard to intestinal/colon: (7319)
3. Signs and symptoms
---------------------
Does the Veteran have any signs or symptoms attributable to any non-surgical
non-infectious intestinal conditions?
[X] Yes [ ] No
If yes, check all that apply:
[X] Alternating diarrhea and constipation
If checked, describe:
Has been having diarrhea and constipation
[X] Abdominal distension
If checked, describe:
Constant bloating.
4. Symptom episodes, attacks and exacerbations
----
If checked, describe typical exacerbation or attack:
Every day episodes.
Indicate number of exacerbations and/or attacks in past 12
months:
[ ] 0 [ ] 1 [ ] 2 [ ] 3
[ ] 4 [ ] 5 [ ] 6 [X] 7 or more
I was awarded 30% SC for Gastro-intestinal disturbances . Doc also noted in his exam notes (DBQ) the following: In Regard to Rectum/Sphincter (7332)
3. Signs and Symptoms
---------------------
Does the Veteran have any findings, signs or symptoms attributable to any of
the diagnoses in Section 1?
[X] Yes [ ] No
[X] d. Impairment of rectal sphincter control
If checked, indicate severity (check all that apply):
[X] Leakage necessitates wearing of pad
[X] Occasional involuntary bowel movements
[X] Other, describe:
Usually after bowel movememts leaks feces.
My initial contentions were Gastro-intestinal disturbance, Sleeplessness, Short term memory loss and bi-lateral arm/ shoulder pain. After my C&P results came in, I noticed on Ebenefits that the VSR had deferred all other items and had added “Stool Incontinence” as a separate deferred disability on my claim.
Turned out, the doc was supposed to examine me for all contentions on the initial C&P. It was returned to him as incomplete and he simply answered I denied sleeplessness, memory loss or bi-lateral arm/ shoulder pain (Ludicrous and untrue).
I was denied on all three contentions based on his answer;However, they did not deny stool incontinence, they simply removed it!
Now, stool incontinence is listed as a separate disability under conditions of the anus & sphincter. The VA doc physically examined my anus/sphincter and put the previous comments in my DBQ. He noted in that DBQ that his findings were “undiagnosed illness”.
How would you approach this since they added it to my initial claim and then simply deleted it when they denied the other contentions? Also, since it is listed on the DBQ as being pretty severe and undiagnosed, should I contest it or simply file it as a new claim with the January C&P as evidence for SC? This code 7332 based on his notes would rate a seperate SC%
-Occasional involuntary bowel movements, necessitating wearing of pad 30%
Any advice/opinion is appreciated.
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