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scubasteveo0

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    scubasteveo0 reacted to usafa92 in Irritable Bowel Syndrome (Ibs) As A Presumptive Condition Denied   
    Did your Service Records have any entries showing IBS issues while in service?  This is sometimes annotated as gastroenteritis, acute gastroenteritis, or abbreviated as "AGE".  If you can show that you had even 1 instance of AGE while in service, that would negate what that examiner attributes to "poor diet and exercise".
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    scubasteveo0 reacted to freedomisntfree in Irritable Bowel Syndrome (Ibs) As A Presumptive Condition Denied   
    You need to file a NOD

    VETERAN- NAME AND SSN I am filing this notice of disagreement for the claim issue IBS, which was denied on _________.

    You need to address the issue that the reviewer is in error when providing an opinion your IBS is due to poor diet and fitness.

    Filing IBS as a presumptive illness

    Veterans discharged under conditions other than dishonorable who served in the Southwest Asia theater of military operations, which includes the areas specified in 38 CFR 3.317(e)(2), or in Afghanistan on or after September 19, 2001, may be entitled to disability compensation for certain diagnosed and undiagnosed disorders or for certain presumptive disorders, despite the fact that these disorders did not become manifest during qualifying service.

    SO even if you do not have SMR's indicating you have IBS during service you can file it as a presumptive condition. Not Burn Pits. There have been none to very little success filing IBS as results of Burn Pits.

    Once you identify to the VA you think is a direct result of something they find a way to shoot it down by asking you to provide a direct relationship to it.

    Here is a letter BlastDaddy provided requesting service connection for IBS.


    Dear Sir / Madame December 11, 2014

    I am writing you to request: Entitlement to service connection for (IBS) irritable bowel syndrome with diarrhea, to include as a qualifying chronic disability pursuant 38 C.F.R. 3.17

    I am requesting the examiner to take into account the fact that IBS is a presumptive illness for this veteran under U.S.C. title 38 Section 1117 as passed by congress in 2001.

    I am a Gulf War veteran. I have a diagnosis of Irritable Bowel Syndrome. I am being treated for this condition by the VA Medical Center.

    The following test and treatment were perform by the VA:
    Lab test (blood work): VA/ Aug 2014
    Colonoscopy: VA/ Oct 2014
    Lab test (blood work): VA/ Mar 2014
    Stool sample: VA/ July 2014
    Colonoscopy with Biopsy: Mar 2011
    Surgical Pathology Report (Biopsy) Mar 2011

    I am taking the following medications for IBS:
    1. Psyllium Mucilloid once daily
    2. Loperamide 1 tablet 4 times a day and after loose stool
    3. Simethicone 1 tablet 4 times a day for gas
    4.Pramoxine (for hemorrhoids caused by IBS)

    The medical records reflect that I have a diagnosis of IBS. I served in Southwest Asia during the Persian Gulf War Era, and I am entitled to the application of the presumptive provisions of 38 U.S.C.A. 1117. All the legal requirements for establishing service connection for IBS are met; service connection for such disease is warranted.
    Presumptive disorders will be considered to have been incurred in or aggravated by service even if there is no evidence of such disease during active service.

    History of Condition:
    Before and during military service up until the Gulf War I never had any problems with diarrhea. After returning from the Gulf War, I started having bouts of diarrhea that would last 1 to 3 days. I would have 12 to 15 episodes a year. I would take over the counter medicines (Imodium A-D) and the diarrhea would clear up.
    In July, 2001 it was found by the VA during an exam for Gulf War that I had Irritable Bowel Syndrome w/ occasional loose stool. And that the problem existed for at least the last 8 years prior to the exam. The IBS continued to progressively get worse causing bleeding. Bloody stools have been noted in medical records July 2001, Jan 2006, June, 2009 again 2011-2014.
    Request for colonoscopys has been made due to Hematochezia. Each colonoscopy results were negative except for hemorrhoids. After the last colonoscopy conducted October 16, 2014 the recommendation of surgical hemorrhoidectomy be done.

    Over the past years since July 2001, the symptoms of diarrhea have become chronic. The chronic diarrhea (IBS) has impact the performance of my daily activities and interaction with my family. I am having 5 to 8 bowel movement per day. The bowel movements are predominantly diarrhea and loose (mushy) to watery stool movement with urgency after eating has cause me to loses bowel control several times in the last 6 months, when I was not able to get to the restroom in time. Due to the stomach pain and frequent trips to the restroom because of IBS, I am unable to travel or visit others due to the need to have a restroom close at hand.

    Thank you for your kind consideration of my request.

    Respectfully submitted
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