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Ibs And Gerd

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alphahec

Question

I know that is be written on in the forum.

But has anyone been rated separately for IBS and GERD?

Trying to verify for a friend that is rated for GERD and has had a favorable Gulf War C&P concerning IBS.

Operation Iraqi Freedom 07-08

40% lower back, 10% migraines, 10% depression, 10% dermatitis 0% residuals of right foot, 0% esophagitis & 0% hypertension

"To care for him who shall have borne the battle and for his widow, and his orphan"

- Abraham Lincoln

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Yes. I am rated for both GERD and IBS separately and some other folks here are too. However, I think it depends on the situation at hand. I have heard of people being rated for both, but under a single rating.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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http://www.va.gov/ve...es2/0919318.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.

Edited by pete992
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§ 4.113 Coexisting abdominal conditions.

There are diseases of the digestive system, particularly within the abdomen, which, while differing in the site of pathology, produce a common disability picture characterized in the main by varying degrees of abdominal distress or pain, anemia and disturbances in nutrition. Consequently, certain coexisting diseases in this area, as indicated in the instruction under the title "Diseases of the Digestive System," do not lend themselves to distinct and separate disability evaluations without violating the fundamental principle relating to pyramiding as outlined in §4.14.

7319 Irritable colon syndrome (spastic colitis, mucous colitis, etc.):

Severe; diarrhea, or alternating diarrhea and constipation, with more or less constant abdominal distress 30%

Moderate; frequent episodes of bowel disturbance with abdominal distress 10%

Mild; disturbances of bowel function with occasional episodes of abdominal distress 0%

7346 Hernia hiatal:

Symptoms of pain, vomiting, material weight loss and hematemesis or melena with moderate anemia;or other symptom combinations productive of severe impairment of health 60%

Persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain, productive of considerable impairment of health 30%

With two or more ofthe symptoms for the 30 percent evaluation of less severity 10%

Edited by pete992
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With the new rating guides coming out he may get both. if he his true IBS he will max out at 30%, but if it is the Undiagnosed watery type that does not fit true IBS the max rating will be 60%.

Under GWI section 3.317, one will not get GERD as a presumptive; but can as either a direct or secondary due to medication one is taking. This way the GERD is cause by something other than the war and the IBS is from the war.

There is also a secondary one can get for IBS if you start to leak all of the time. The rating for it can go to 100% and it does mean your bowle is running into your paints all of the time.:angry:

I know that is be written on in the forum.

But has anyone been rated separately for IBS and GERD?

Trying to verify for a friend that is rated for GERD and has had a favorable Gulf War C&P concerning IBS.

James A. Bunker

Executive Director

National Gulf War Resource Center

Phone: 785-925-9887

Email: Do not post your email address.

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