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Showing results for tags 'benefit of doubt'.
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My claim for ervice connection for Irritable Bowel Syndrome (IBS) as a presumptive service connected disability due to my service in the Gulf War per 38 C.F.R §3.317 was denied. Wondering how I can succesfully appeal. VA DENIAL LETTER “ Service connection is not permitted if there is affirmative evidence that the disability was unrelated to military service in the Gulf War. Service connection for unexplained chronic multi symptom illness to include irritable bowel syndrome is denied because evidence established that this disability result from poor diet and fitness. Your service treatment records do not contain complaints, treatment, or diagnosis for this condition. We did not find a link between your medical condition and military service. On examination, the examiner indicated that your stated symptoms do not meet the criteria for a diagnosis for irritable bowel syndrome and are most likely the result of poor dietary and fitness habits.” SERVICE INFORMATION & MEDICAL DIAGNOSIS: I served in Southwest Asia during Operation Iraq Freedom. My unit did participate in ground combat in Iraq. I have been diagnosed with IBS from VA medical doctor. I currently take both RX & non-RX medication for IBS. This information was submitted in my claim but not listed as evidence considered C&P EXAM Examined at VA Loma Linda. Examiner is a physican assistant. Examiner did not ask about fitness or diet patterns. Blue Button says I am unable to view the exam notes.
[[Template core/front/global/prefix is throwing an error. This theme may be out of date. Run the support tool in the AdminCP to restore the default theme.]] NOD Do you see a doubt; maybe?
vietvet posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVCFellow Vets, happy new year Total 70% (seeking IU) 10% bilaterals of (right and left) upper and (right and left) lower diabetic neuropathies 20% diabetes 30% ptsd with depression (prescribed meds not permitted while driving Postal vehicle) 10% tinnitus; 0% hearing Was a letter carrier 17 years, out 5 years now, no work Please be the judge of this statements by the C&P doc "He can do moderate work with his diabetes." "He would however have difficulty using his fine motor skills, including touch sensations; has hand weakness." Rater denied me stating I had not shown I was not unemployable...... Currently seeing a veteran rep and have prepared a NOD. Any thoughts...