What Is Presumption Of Service

[Ricky]

I hope that some of you guys that are smarter than I am can help me understand this. I served in SWA. Retired from the army in August 2000. In Sep 03 I started having bowel problems. The doctor tried diet, exercise etc..... The problems grew worse over the next two years. In Mar 05 my doctor (a military doctor) listed objective findings of constant diaherra intermittent with constipation, bloating and cramps - diagnosis IBS.

I submitted a claim to VA and asked for service connection based upon persumption due to my service in SWA since IBS is one of the presumptive diaseases. VA denied the claim stating that there was no objective findings in my SMR's during service nor had the symptoms developed within one year of discharge.

What the h--l are they talking about? I served in the required area, the symptoms manifested to a degree that requires a 10 percent rating prior to 31 Dec 2006, IBS is specifically named in the list of presumptive diaseases for SWA service.

I thought that was what the word presumption meant. That if you meet the requirements service connection would be presumed. Now they want to throw in the requirement that it had to manifest some how during active service or within one year after discharge.

I am tired and wore down and VA's ability to constantly change the interpertation of their regs to fit their denial strategy is pushing me over the edge. This decision was either the action of a pure 100 percent idiot or one of the meanest demons that the VA could find from the depths of hell.

[Guest Berta]

Veteran-

you wrote:

"This decision was either the action of a pure 100 percent idiot or one of the meanest demons that the VA could find from the depths of hell."

I know those guys too---but heck we all do-

" the symptoms manifested to a degree that requires a 10 percent rating prior to 31 Dec 2006,"

This is the proof they are looking for-

documentation of the manifested symptoms at 10% at least-

this could come from any doctor -VA or private- any health clinic- etc-

worse case scenario- any buddy statements-

anything at all that shows this condition was documented at least to the 10% degree during or within one year after service-

Do you have your SMRs? Service Medical Records?

It may well be that there is some evidence in them of this condition that VA has overlooked.

[Pete53]

Ricky your best bet is to get a Doctor to write an opinion that links your IBS to your Service. After the 1 year is up the VA often ignores everything else.

Good Luck

[Ricky]

I hope that some of you guys that are smarter than I am can help me understand this. I served in SWA. Retired from the army in August 2000. In Sep 03 I started having bowel problems. The doctor tried diet, exercise etc..... The problems grew worse over the next two years. In Mar 05 my doctor (a military doctor) listed objective findings of constant diaherra intermittent with constipation, bloating and cramps - diagnosis IBS.

I submitted a claim to VA and asked for service connection based upon persumption due to my service in SWA since IBS is one of the presumptive diaseases. VA denied the claim stating that there was no objective findings in my SMR's during service nor had the symptoms developed within one year of discharge.

What the h--l are they talking about? I served in the required area, the symptoms manifested to a degree that requires a 10 percent rating prior to 31 Dec 2006, IBS is specifically named in the list of presumptive diaseases for SWA service.

I thought that was what the word presumption meant. That if you meet the requirements service connection would be presumed. Now they want to throw in the requirement that it had to manifest some how during active service or within one year after discharge.

I am tired and wore down and VA's ability to constantly change the interpertation of their regs to fit their denial strategy is pushing me over the edge. This decision was either the action of a pure 100 percent idiot or one of the meanest demons that the VA could find from the depths of hell.

I really understand the "within one year" requirement. It is for stuff that may surface after discharge. So I do not think it applies to a presumption which was established for a certain type of veteran ie. VN era PGW era etc........ The IBS manisfested into a 30 percent disability in 2005 so I meet the 10 percent requirement. I spoke with my doctor about the statement and he said that that is what IBS is all about - it can not be contributed to anything. Once again if it has to happen during active service or within the one year then they might as well take away the presumptive period for all AO, PGW, WW2 era veterans. Or maybe I am just being blind or stupid to the true meaning of " manifest to a ratable disability of 10 percent during service in SWA or within a period begining after the last day of active service in SWA and ending on 31 Dec 2006.

[Ricky]

Sorry - forgot to add - the objective findings and diagnosis of the doctor meet the requirements of part 4 38 CFR for a 30 percent rating. I guess that the only thing that I or anyone else can "presume" is no matter what the disability is, it cause or the veterans service is that VA will fight to the end to deny any valid claim. Hey, I finally got the VA's definition of Persumption: "PRESUMPTION OF"-The veteran can presume that any claim submitted will be denied and the veteran put through the most intensive Hell of his life. hahahaha

[Arch]

I hope that some of you guys that are smarter than I am can help me understand this. I served in SWA. Retired from the army in August 2000. In Sep 03 I started having bowel problems. The doctor tried diet, exercise etc..... The problems grew worse over the next two years. In Mar 05 my doctor (a military doctor) listed objective findings of constant diaherra intermittent with constipation, bloating and cramps - diagnosis IBS.

I submitted a claim to VA and asked for service connection based upon persumption due to my service in SWA since IBS is one of the presumptive diaseases. VA denied the claim stating that there was no objective findings in my SMR's during service nor had the symptoms developed within one year of discharge.

What the h--l are they talking about? I served in the required area, the symptoms manifested to a degree that requires a 10 percent rating prior to 31 Dec 2006, IBS is specifically named in the list of presumptive diaseases for SWA service.

I thought that was what the word presumption meant. That if you meet the requirements service connection would be presumed. Now they want to throw in the requirement that it had to manifest some how during active service or within one year after discharge.

I am tired and wore down and VA's ability to constantly change the interpertation of their regs to fit their denial strategy is pushing me over the edge. This decision was either the action of a pure 100 percent idiot or one of the meanest demons that the VA could find from the depths of hell.

Presumption of service probably means "presumptive of service connection"

there is a whole list of conditions which are considered "service connected" because it assumes that SWA service conotes service in that country Vietnam ,there fore it is "connected" I dont have the URL handy but search Hadits Knowledge base under Archives etc.

Arch Sgt. USAF

[Ricky]

Ok, let me reword this. If you are a VN vet who served lets say 6 months on ground in the republic. You left lets say in 1969. In 1987 you came down with DMII. Is the DMII service connected? If so how? there is no objective findings in your SMR nor did you file a claim during the period 1969-1970 one year after discharge. I would say yes it is service connected because the law says it is.

Now what is the difference with service in SWA? Fibro, IBS and CFS are on the list of presumptive disabilities. If you served in SWA, have one of the listed presumptive disabilities which became manifest to a 10 percent level prior to the end of the presumptive period, and the doctor says you have it then how can VA deny the claim based upon the fact that there is no record of symptoms in your SMR during active service. THIS IS DRIVING ME CRAZY!!!!!!!!!!!!!!