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ShrekTheTank
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Irritable Bowel Syndrome (IBS) VA Ratings
The Department of Veterans Affairs (VA) rates irritable bowel syndrome under 38 CFR § 4.114, diagnostic code 7319 for Irritable Colon Syndrome. VA disability ratings for IBS range from 0 to 10 to 30 percent, depending on the severity of symptoms. The criteria for each VA IBS rating are as follows:
- 0 percent (noncompensable) – VA assigns veterans a 0 percent rating if they exhibit mild symptoms of IBS, such as “disturbances of bowel function with occasional episodes of abdominal distress.” Although this rating is noncompensable, veterans may still qualify for other VA benefits, such as VA health care.
- 10 percent – VA assigns veterans a 10 percent rating if they exhibit moderate symptoms of IBS, such as “frequent episodes of bowel disturbance with abdominal distress.” Examples of bowel disturbance include episodes of diarrhea, severe gas, and bloating.
- 30 percent – VA assigns veterans a 30 percent rating, the highest rating for IBS, if they exhibit severe symptoms, such as “diarrhea, or alternating diarrhea and constipation, with more or less constant abdominal distress.” To receive this rating, veterans must show that their IBS causes them to be almost constantly in pain. This is an appropriate rating for veterans with daily IBS episodes.
Severity and frequency of IBS symptoms vary from person to person, so veterans should always report their symptoms to VA. Irritable bowel syndrome can be severe at times and then disappear completely at other times, so it is important to clearly outline symptoms and frequency of episodes when applying for service connection or an increased rating.
fecal incontinence
The VA disability ratings for bowel incontinence are tiered at 0%, 10%, 30%, 60%, and 100%. This disability rating is defined under VA diagnostic code 7332 which outlines the rating required for disabilities of the rectum, anus, and sphincter. The VA issues a disability rating to determine the extent to which a disorder impacts a veteran’s ability to function. The rating is higher if the veteran suffers from chronic complications due to the disability, and it is lower if the conditions are intermittent.
The VA allocates the below ratings for bowel incontinence:
- 0% rating if you have slight impairment of the rectum, anus, and sphincter but no leakage.
- 10% rating if you experience continuous but low or intermittent moderate leakage.
- 30% rating if you need to wear a pad because you experience reflexive bowel movements.
- 60% rating if you have substantial leakage and sufficiently frequent reflexive bowel movements.
- 100% rating if you completely lose control of your sphincter muscles.
https://www.va.gov/vetapp07/files2/0717227.txt
here is one where the veteran did have both rated. I would say go for both. They seem to be different
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I have yet to have a fast one yet. I am at my second round at the BVA and I am at about 550 days right now
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this sounds like a pain in the ass. I have an appointment to talk to them, but I am going to ask a lot of questions to see if it is even worth it. Ty for the info!
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Can they help with a computer and such?
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So I have a few questions about this service. Not sure if anyone can help.
I am wanting to start a small business doing bonsai tree nursery. I am wondering how much help the VR&E will be and do they have funds or sources to help with obtaining land and products needed to start the nursery?
Trying to figure out if this is good idea or not.
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I will say this is the hardest fight I have ever done. My time in Iraq was easier than this.
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1 minute ago, RBrogen said:
Here is information about VA Requird FOIA RESPONSE TIMES:
V. Response Times
All federal agencies are required to respond to a FOIA request within twenty
business days, excluding Saturdays, Sundays, and legal holidays. This time
period does not begin until a perfected request (information requested is
clearly stated, request is signed, and there are no pending fee issues) is
actually received by the FOIA office that maintains the records sought. An
agency is not required to send out the releasable documents by the last
business day; it can send you a letter informing you of its decision and then
send you the documents within a reasonable time afterward. Some offices
within VA, such as our Administration Headquarters receive thousands of
requests each year. Many of these requests require a line-by-line review of
hundreds or even thousands of pages of documents. Although VA makes
every effort to respond to FOIA requests as quickly as possible, in some
cases it simply cannot do so within the specified time period. This may be
due either to the size of the request or to the fact that the center has a
backlog of previously received requests that are waiting processing.
The FOIA office may extend the response time for an additional ten business
days when:
• the office needs to collect responsive records from various directorates
and offices,
• the request involves a "voluminous" amount of records that must be
located, compiled, and reviewed, or
• the office needs to consult with another agency or other VA offices that
have a substantial interest in the responsive information.
When such a time extension is needed, the FOIA office will notify you of this
in writing and offer you the opportunity to modify or limit the scope of your
request. Alternatively, you may agree to a different timetable for the
processing of your request.
If a determination on your request is not made within the applicable time
period and you have not agreed to a different response timetable, you may
file suit in federal court to pursue a response. If, however, the court
concludes that you have unreasonably refused to limit your request or to
accept an alternate timetable for response, the court may find that the
component's failure to comply within the statutory time period is justified.
The court may excuse the lack of a timely response if the component
demonstrates that it has a backlog of requests that were received before
yours, that it processes its requests on a first-come/first-served basis, and
that it is making reasonable progress in reducing its backlog of pending FOIA
requests. In such cases, the court may postpone its consideration of your
lawsuit until the agency reaches your request in its processing backlog.
Alternatively, Executive Order 13392, dated, December 14, 2005, provides
FOIA requesters the opportunity to request that an agency’s FOIA Requester
Service Center(s) check on the status of their FOIA requests. As mentioned
above, the Department of Veterans Affairs has established such a center for
each of its management offices, with a FOIA Public Liaison named for each,
whom FOIA requesters may contact by telephone if they are dissatisfied with
the response of the center's FOIA Requester Service Center. FOIA
requesters are strongly encouraged to make use of these new services.This is funny as hell! Below is when they closed my claim.
We closed your claim on December 12, 2022
We finished reviewing your claim and a decision has been made. You can find your decision letter in the claim letters page.
A decision packet will also be mailed to you. Typically, decision notices are received within 10 days, but this is dependent upon U.S. Postal Service timeframes.
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sounds good ty.
My real concern here is how long this process takes. I mean if I had an active C&P that I need to rebuttle there if no way that is going to happen.
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Claim type
- Freedom of Information Act / Privacy Act Request
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What you’ve claimed
- Not Available
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Date received
- July 25, 2022
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Your representative for VA claims
- VETERANS OF FOREIGN WARS OF THE US
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1 minute ago, RBrogen said:
Did you file FOIA?
Sure did. I tried to do it at the VAMC and they told me they do not do that anymore. I went to the C&P office and got the same response. I then went to the state VSO and they filed my FOIA for me. It went through the NEW process and I am now waiting to see how long it takes.
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53 minutes ago, RBrogen said:
If you fiile FOIA and they haven't responded you can use the link I posted here earlier to contat the FOIA Director. If asked how you got her info, it was a search on VA.gov.
Oh no they responded. It has take over 6 months to get my C&P exams. Still have not seen them. They have sent 4-5 letters about them and that they are sending a CD of them. So we will see when they get here.
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8 minutes ago, RBrogen said:
You are referring to getting your c-file correct? We are talking about getting copy of very specific C&P exam(s). The c-file would definitely take longer.
No, I am talking about C&P exams. I am waiting on them still.
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Yes this has changed. I started with the process and then was told the new way to get them. I was stupefied at how long this will take. I thought Ok this should take a month? Two at most.
I was way wrong. They sent me a letter stating it was coming, but still nothing. I will update once they send the CD
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I would do what you said above and contact everyone. I know the senator route really works. Just gotta go hard at it
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they should be avalible on the button reports
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I am trying out the New IRIS system today and see if I can get an answer
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I agree it sucks. This should be very simple to get. walking over fired coals is BS
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yes I just wanted all my C&P exams. So I can go over them to see if they are right
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I did the privacy act request and they sent a letter stating a CD was coming, and that was 2 months ago. Prior to that it was 4 months,so we will see
As for the above, I did try and they told me this is the way it has to be done. They could be wrong, who knows. Maybe someone else had better luck
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19 minutes ago, broncovet said:
Check with your "fee agreement". Does it limit it to ONE claim, such as at the cavc?
And/or ask your attorney: "Is this fee agreement limited to the CAVC/BVA or would it also apply if I win benefits at the Regional office on a different issue"?
ONE of my attorney's fee agreement's was limited to CAVC, while another one we agreed to CAVC representation, "and" also, at the BVA if indicated.
Dont be afraid to ask, its a good question, and you should get an answer from him.
Remember, the law prohibits Veterans from representation "until at least one denial".
Once they do tell you get it in writing.
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You need another disability of 60% to get to that mark
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I could be totally wrong here and I need to go fight for my own claim. Below was just posted to me and I think I need to put in for SMC-S
The Court has held that the order in which disabilities are service connected is not relevant to VA's determination of a claimant's eligibility for special monthly compensation under 38 U.S.C. section 1114(s). Whenever a veteran has a total disability rating, schedular or extra-schedular, based on **multiple disabilities** and the veteran is subsequently awarded service connection for any additional disability or **disabilities**, VA's duty to maximize benefits requires VA to assess all of the claimant's disabilities without regard to the order in which they were service connected to determine whether any combination of the disabilities establishes entitlement to special monthly compensation under section 1114(s). If, after such an assessment, VA determines that the claimant is entitled to special monthly compensation, the effective date of the award of special monthly compensation will be the effective date assigned for the award of benefits for the final disability that forms the relevant combination of disabilities. Buie v. Shinseki, 24 Vet. App. 242, 250-51 (2010), as amended (Apr. 21, 2011).
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I think you need to have ONE disability at 100% or be TDIU.
I thought the same thing about SMC. The way it reads you could think that way. After many discussions it is one or the other.
I am in the same boat.
tinnitus 10%
IBS 30%
Fibro 40%
PTSD 50%
Headaches 30%
Dercum's disease 60%
Knee pain 10%
Sleep apnea 50%
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1 minute ago, Hogfan1978 said:
Ok thanks. If you get the increase do they retroactively pay back to the intent to file?
yes they do
VA claim - order of paperwork
in VA Disability Claims Research
Posted
If I am reading this correctly, you just got done at the BVA?
If so, the decision still has to come back to the RO and the VRO has to do what the remand says to do.
If there is an award then they should put that in, but in my experience, they wait until they have done the remand then do both.
As doing the remand could cause another grant.
When I did mine, they can back with 4 grants 2 remands 1 denial. they fixed the remands and i got 6 grants. Which is good, but it took another 6 months.
if it is giving you a deadline, then you need to send in what is asked for. Do not give them a reason to deny it.
You have to wait until these decisions are in before you can appeal to the next court.
The process sucks but keep fighting and you will get there.