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vetwife

Presumptive S/c For Fgid For Pgw Vets

Question

Federal Register , proposed rule to include Presumptive S/C PGW vets's for FGID (Functional GI Disorders)

Final action in April 2011

the current proposed rule does not create a new presumption of service connection. Consistent with 38 U.S.C. 1117, it clarifies that functional gastrointestinal disorders fall within the scope of the existing presumption of service connection for medically unexplained chronic multisymptom illnesses.

My link

http://federalregister.gov/a/2010-28707

38 U.S.C. 501(a), unless otherwise noted.Show citation box 2. Amend § 3.317 by revising paragraph (a)(2)(i)(B)(3) to read as follows:Show citation box

§ 3.317 Compensation for certain disabilities due to undiagnosed illnesses.

(a) * * *Show citation box

(2) * * *Show citation box

(i) * * *Show citation box

(B) * * *Show citation box

(3) Functional gastrointestinal disorders, including, but not limited to, irritable bowel syndrome and functional dyspepsia (excluding structural gastrointestinal diseases); or Note to paragraph (a)(2)(i)(B)(3): Functional gastrointestinal disorders are a group of conditions characterized by chronic or recurrent symptoms that were present for at least 6 months prior to diagnosis and have been currently active for 3 months, that are unexplained by any structural, endoscopic, laboratory, or other objective signs of disease or injury and that may be related to any part of the gastrointestinal tract. Common symptoms include abdominal pain, substernal burning or pain, nausea, vomiting, altered bowel habits (including diarrhea, constipation), indigestion, bloating, postprandial fullness, and painful or difficult swallowing. Specific functional gastrointestinal disorders include, but are not limited to, irritable bowel syndrome, functional dyspepsia, functional vomiting, functional constipation, functional bloating, functional abdominal pain syndrome, and functional dysphagia.Show citation box

[FR Doc. 2010-28707 Filed 11-16-10; 8:45 am]

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2 answers to this question

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I need quick advice concerning this very issue. I have a claim that started 20 Aug 2010 for iBS which I have suffered with since 91. In Sept 2010 I had 18inches of the colon removed due to diverticulitis and in Jan 2011 gallbladder removed. My questions are the diverticulosis and gall bladder are filed as secondary to IBS. The VA sent me the standard letter today indicating that they needed more evidence on the gallbladder and a waiver form to make the decision within the next 30 days. I am not expecting the decision in the next 30 days really, but should I gather the information now or let them make the decision and file a NOD on the gallbladder. There were 15 issuies I filed for in Aug 2010 and my VSO insisted that the gallbladder claim would be seperate from the original claim but looks like the VA has lumped all into one. I have private insurance that has paid 250,000 for surgeries and specialists since last AUG. And my PTSD has pretty much incapacited me with the other issues I suffer from. The PTSD was diagnosed in 91 at 0% by that VA and I was hospitalized at Ft Bragg for it prior to seperation from AD. Back then I came so disgusted with the VA I just gave up but now im behind the 8ball not being able to work due to these issues. I have been advised by the Psychirist at the VA not to even drive with the meds she has me on. Any comments would be appreciated.

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I would go ahead and send ANY additional evidence or Dr statements to support your gallbladder claim immediately. If you can do anything to support your claim and get it approved on the first time around, by all means do it!!

Since you claimed it secondary to your IBS, you don't really need this new FGID for presumptive connection.

Also, they have not finalized this rule as of yet . Once they do, if you are denied, you could ask them to reconsider your gallbladder under these new regulations as well. It shouldn't have to be a new claim to be considered under the new rule.

As far as the Gallbladder being a 2nd claim - everything you list at 1 time is considered 1 claim, it is all worked as 1 claim, but They will rate the items separately - I think that is what your VSO meant .

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