Gerd And Ibs

[Rich W]

I previously posted my situation with GERD but I was also thinking about filing for IBS. I have a diagnosed of GERD in my SMR's as well as acid reflux. I was never diagnosed with IBS while in the service but did have reports of abdominal pain and diarrhea (It was one of those suck it up things). I was going to claim both but I don't want to muddy the waters and end up getting nothing for both. Also, I've read elsewhere that these two will get combined into one rating anyways since they both fall under the GI. Is this true?

[pacmanx1]

Gerd and acid reflux are the same thing. You would need a diagnosis of IBS to be considered for service connection.

Based on the regulation it states: § 4.7 Higher of two evaluations.Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned.

Based on a recent decision from the Board of Veterans Appeals it states:

http://www.va.gov/vetapp09/files3/0919318.txt

The Board notes that the Veteran's IBS and GERD cannot be rated separately because 38 C.F.R. § 4.114 states that ratings under Diagnostic Codes 7301 to 7329, inclusive, 7331, 7342, and 7345 to 7348, inclusive, will not be combined with each other. A single rating will be assigned under the diagnostic code that reflects the predominant disability picture, with elevation to the next higher rating where the severity of the overall disability warrants such elevation. Therefore, in this situation the highest scheduler rating the Veteran can get is rated under the criteria for GERD and therefore, the Veteran will not be granted a separate rating.

So in other words when filing claims like this VA can actually award GERD (acid reflux) which would give the veteran the highest rating possible and include the IBS symptoms without pyramiding.

7436. Rating for GERD (acid reflux) A rating of 10 percent is awarded with two or more of the symptoms for the 30 percent evaluation of less severity. A rating of 30 percent may be assigned for persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain, productive of considerable impairment of health. A rating of 60 percent may be awarded for symptoms of pain, vomiting, material weight loss or hematemesis or melena with moderate anemia, or other symptom combinations productive of severe impairment of health.

7319 which provides ratings for irritable colon syndrome (spastic colitis, mucous colitis, etc.) A noncompensable rating is warranted when there is mild irritable colon syndrome, with disturbances of bowel function with occasional episodes of abdominal distress.A 10 percent disability rating is warranted when there is moderate irritable colon syndrome, with frequent episodes of bowel disturbance with abdominal distress. A 30 percent disability rating is severe irritable colon syndrome, with diarrhea, or alternating diarrhea and constipation, with more or less constant abdominal distress.

Hope this makes sense

Edited September 16, 2009 by pacmanx1

[magician2000]

Gerd and acid reflux are the same thing. You would need a diagnosis of IBS to be considered for service connection.

Based on the regulation it states: § 4.7 Higher of two evaluations.Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned.

Based on a recent decision from the Board of Veterans Appeals it states:

http://www.va.gov/vetapp09/files3/0919318.txt

The Board notes that the Veteran's IBS and GERD cannot be rated separately because 38 C.F.R. § 4.114 states that ratings under Diagnostic Codes 7301 to 7329, inclusive, 7331, 7342, and 7345 to 7348, inclusive, will not be combined with each other. A single rating will be assigned under the diagnostic code that reflects the predominant disability picture, with elevation to the next higher rating where the severity of the overall disability warrants such elevation. Therefore, in this situation the highest scheduler rating the Veteran can get is rated under the criteria for GERD and therefore, the Veteran will not be granted a separate rating.

So in other words when filing claims like this VA can actually award GERD (acid reflux) which would give the veteran the highest rating possible and include the IBS symptoms without pyramiding.

7436. Rating for GERD (acid reflux) A rating of 10 percent is awarded with two or more of the symptoms for the 30 percent evaluation of less severity. A rating of 30 percent may be assigned for persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain, productive of considerable impairment of health. A rating of 60 percent may be awarded for symptoms of pain, vomiting, material weight loss or hematemesis or melena with moderate anemia, or other symptom combinations productive of severe impairment of health.

7319 which provides ratings for irritable colon syndrome (spastic colitis, mucous colitis, etc.) A noncompensable rating is warranted when there is mild irritable colon syndrome, with disturbances of bowel function with occasional episodes of abdominal distress.A 10 percent disability rating is warranted when there is moderate irritable colon syndrome, with frequent episodes of bowel disturbance with abdominal distress. A 30 percent disability rating is severe irritable colon syndrome, with diarrhea, or alternating diarrhea and constipation, with more or less constant abdominal distress.

Hope this makes sense

Thank you... It finally makes sense to me... I had both while I was in, but the rating only showed up as GERD.

R/

Magic...