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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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deyjason

Appeal Or What?

Question

I recently recieved a decision from the rating board and disagreed with one issue. My IBS was service connected, but at 0%. The decision said that I had loose stool daily accompanied by abdominal distress. However, for 10% I would have to have frequent episodes of bowel disturbance with abdominal distress. What is their definition of frequent?

I filled out a NOD and asked for a DRO. Is this what I should have done? What happens next? How long does it take for somehting like this?

Thanks in advance your help and responses.

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5 answers to this question

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I think you did the right thing.

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Dey, What did your C & P say? Did it say that your IBS was mild, moderate or severe, that is what you need. Did it say that your IBS was constant. Are you taking in meds. like Dicyclomine? Do you have gas, constipation, stomach cramps when you eat, nausea, vomiting or bloating. Here are the ratings:

7319 Irritable colon syndrome (spastic colitis, mucous colitis, etc.):Severe; diarrhea, or alternating diarrhea and constipation, with more or less constant abdominal distress30Moderate; frequent episodes of bowel disturbance with abdominal distress10Mild; disturbances of bowel function with occasional episodes of abdominal distress

filing a NOD is the first step in an appeal, the DRO will review the decision and increase you or continue your 0%. Then it goes to the BVA, the DRO can take a while and the BVA is even longer about 2 years or so. May be wrong but DRO may be a few months to a year. Sorry for the bad news.

Pete9920

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Dey, What did your C & P say? Did it say that your IBS was mild, moderate or severe, that is what you need. Did it say that your IBS was constant. Are you taking in meds. like Dicyclomine? Do you have gas, constipation, stomach cramps when you eat, nausea, vomiting or bloating. Here are the ratings:

7319 Irritable colon syndrome (spastic colitis, mucous colitis, etc.):Severe; diarrhea, or alternating diarrhea and constipation, with more or less constant abdominal distress30Moderate; frequent episodes of bowel disturbance with abdominal distress10Mild; disturbances of bowel function with occasional episodes of abdominal distress

filing a NOD is the first step in an appeal, the DRO will review the decision and increase you or continue your 0%. Then it goes to the BVA, the DRO can take a while and the BVA is even longer about 2 years or so. May be wrong but DRO may be a few months to a year. Sorry for the bad news.

Pete9920

Currently taken Imodium, yes I have gas and cramping as well. Normally occurs 30 minutes to 1 hour after eating. So I get diarrhea 2-4 times a day. The C&P service connected the IBS but C&P Doctor did not classify it as mild, moderate, or severe, just IBS.

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How does your doctor classify it? when was the last time you were treated? Do you think your doctor might classify it in you records at the VAMC. If so try to get him/her to classify it and send it in as evidence before the DRO review and make a decision.

Pete992

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Dey... Sorry about the rating... The DRO decision for you is averaging about 90 days, I believe. Some of the DRO's are fairly liberal in increasing ratings, but some of them are pretty tight. 50/50 mix up there.

BVA can take quite a bit longer. Have you thought about a Travel Board Hearing? Those wait times are fairly long as well, but can be much shorter than a BVA hearing most times.

All I can tell you right now is that if you continueto disagree, do not mess around and forget your Form 9. It is a bit later in this process, but it is the biggest key to making an Appeal official.

Hope things go well for you.

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