Reconsideration

[Ricky]

Can you ask for a reconsideration without new evidence? The claim that I had denied this week was one for IBS. In an earlier post I was having problems with another vets claim for IBS now mine. I served in Saudia Arabia and Kuwait during GW1 and IBS is presumptive.

My original claim asked for SC on a presumptive bases. My C/P doc stated that my IBS was due to an unknown cause. The rating denied the claim on the basis that no record of the IBS was found in the SMR's. No joke my little VA buddies. You are right it ain't in there cause it did not exist during my active service. They simply blew off my request for presumptive service connection.

I would like to point this out to them and ask that they simply follow the regulations. If they do then SC for the IBS is a definite.

If reconsideration is out of the question then I guess I will start the long hard road known as NOD.

Thanks

[cloudcroft]

Yes you can, and if IBS is considered presumptive (and the therefore SCed) in your particular case, the VA definitely erred in its decision to deny you SC because IBS doesn't HAVE to be in your service records back then. You have it NOW and it IS considered presumptive (assuming you are right about that...I am a RVN vet and am only somewhat aware of what ailments are presumptive for us RVN vets).

So ask for a Reconsideration and point out the error. Cite where IBS is considered presumptive for GW1 service vets.

You've nothing to lose with a Reconsideration but something to gain: Being SCed for IBS.

As you note, if they AGAIN deny you SC, then you can and SHOULD go the NOD route...and/or ask for a De Novo DRO review.

Good luck,

-- John D.

Can you ask for a reconsideration without new evidence? The claim that I had denied this week was one for IBS. In an earlier post I was having problems with another vets claim for IBS now mine. I served in Saudia Arabia and Kuwait during GW1 and IBS is presumptive.

My original claim asked for SC on a presumptive bases. My C/P doc stated that my IBS was due to an unknown cause. The rating denied the claim on the basis that no record of the IBS was found in the SMR's. No joke my little VA buddies. You are right it ain't in there cause it did not exist during my active service. They simply blew off my request for presumptive service connection.

I would like to point this out to them and ask that they simply follow the regulations. If they do then SC for the IBS is a definite.

If reconsideration is out of the question then I guess I will start the long hard road known as NOD.

Thanks

Edited August 16, 2007 by cloudcroft

[Pete53]

I agree 100% with John D. Good Luck!

[Berta]

I suggest you ask for Reconsideration- (but mark the calendar for that one year NOD period- as the Recon request does NOT stop the NOD clock-

if the recon request is stalled for a year after the NOD period -you will lose your appeal rights- if the NOD also-was not filed within the year)-

for example- the VA is working on my Recon request on 2 SMC CUE claims I filed.

The NOD date ran out June 30, 2007.

I filed the NOD on June 21, 2007-my POA lost it already but the VA got their copy-

I made sure I filed prior to the cut off date and after the Lawyer for vet regs went trhough.

and I suggest you send as evidence a copy of the entire regs found in

38 CFR 3.317 and highlight with magic marker and list as your enclosed evidence the part that classifies IBS as a qualifying chronic disability-

remember the regs state that there must be a "cluster" of signs and symptoms-

it cannot be a single diagnosis of IBS due to one symptom.

Make sure your med recs (you could send copy of them again too- the part about the IBS) show that there is a "cluster" of symptoms also-

VA considers IBS a "multisymptomatic" illness- this is why IBS, CFS and Fibromyaglia

also must be multi symptomatic or 'clustered' as to symptomology for VA to award-

Sometimes I dont think vet reps know that fact enough to help Persian Gulf vets prepare a good claim for these disorders.

Edited August 16, 2007 by Berta