Can Ibs Be Sc'd & Rated

[autumn]

i see from old mil med records that my gastro issues started about the same time the inflammed spinal fluid started. i also see a history with VA of documented gastro problems where they diagnosed it as IBS.

can IBS be a service connected issue and rated?

[carlie]

I am a Gulf Vet and currently have a claim in for IBS. It has been documented and diagnosed by VA doctors and no cause has been able to be determined after every type of test the University hospital (University of Rochester, which has a medical school, the local VA clinic contracts with them) was able to come up with. I filed the claim online recently stating that I am a Gulf Vet, I have been diagnosed by VA with this problem and according to the list of presumptive illnesses attributed to Gulf Service I should be service connected, rated

and receive compensation from the date that I first sought treatment from the VA for IBS type issues.

Rob,

Why do you feel VBA will provide an effective date of when you first sought treatment ?

Was it within one year of filing the claim for IBS ?

I'm not very familiar with regs for presumptive's and liberalizing laws for effective dates.

I believe they will only apply the evidence rule for within 12 months prior to date of claim

for an effective date.

I can't find the exact rule I'm looking for right now but here's a couple.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1e57a699e8c3358d218ebf4137c4a7f5&rgn=div8&view=text&node=38:1.0.1.1.4.2.69.173&idno=38

§ 3.400 General.

Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later.

(2) Disability compensation —(i) Direct service connection (§ 3.4 ( b )). Day following separation from active service or date entitlement arose if claim is received within 1 year after separation from service; otherwise, date of receipt of claim, or date entitlement arose, whichever is later. Separation from service means separation under conditions other than dishonorable from continuous active service which extended from the date the disability was incurred or aggravated.

(ii) Presumptive service connection (§§ 3.307, 3.308, 3.309 ). Date entitlement arose, if claim is received within 1 year after separation from active duty; otherwise date of receipt of claim, or date entitlement arose, whichever is later. Where the requirements for service connection are met during service, the effective date will be the day following separation from service if there was continuous active service following the period of service on which the presumption is based and a claim is received within 1 year after separation from active duty.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1e57a699e8c3358d218ebf4137c4a7f5&rgn=div8&view=text&node=38:1.0.1.1.4.1.60.66&idno=38

§ 3.157 Report of examination or hospitalization as claim for increase or to reopen.

(a) General. Effective date of pension or compensation benefits, if otherwise in order, will be the date of receipt of a claim or the date when entitlement arose, whichever is the later. A report of examination or hospitalization which meets the requirements of this section will be accepted as an informal claim for benefits under an existing law or for benefits under a liberalizing law or Department of Veterans Affairs issue, if the report relates to a disability which may establish entitlement. Acceptance of a report of examination or treatment as a claim for increase or to reopen is subject to the requirements of §3.114 with respect to action on Department of Veterans Affairs initiative or at the request of the claimant and the payment of retroactive benefits from the date of the report or for a period of 1 year prior to the date of receipt of the report.

(Authority: 38 U.S.C. 5110(a))

(b) Claim. Once a formal claim for pension or compensation has been allowed or a formal claim for compensation disallowed for the reason that the service-connected disability is not compensable in degree, receipt of one of the following will be accepted as an informal claim for increased benefits or an informal claim to reopen. In addition, receipt of one of the following will be accepted as an informal claim in the case of a retired member of a uniformed service whose formal claim for pension or compensation has been disallowed because of receipt of retirement pay. The evidence listed will also be accepted as an informal claim for pension previously denied for the reason the disability was not permanently and totally disabling.

(1) Report of examination or hospitalization by Department of Veterans Affairs or uniformed services. The date of outpatient or hospital examination or date of admission to a VA or uniformed services hospital will be accepted as the date of receipt of a claim. The date of a uniformed service examination which is the basis for granting severance pay to a former member of the Armed Forces on the temporary disability retired list will be accepted as the date of receipt of claim. The date of admission to a non-VA hospital where a veteran was maintained at VA expense will be accepted as the date of receipt of a claim, if VA maintenance was previously authorized; but if VA maintenance was authorized subsequent to admission, the date VA received notice of admission will be accepted. The provisions of this paragraph apply only when such reports relate to examination or treatment of a disability for which service-connection has previously been established or when a claim specifying the benefit sought is received within one year from the date of such examination, treatment or hospital admission.

(Authority: 38 U.S.C. 501)

(2) Evidence from a private physician or layman. The date of receipt of such evidence will be accepted when the evidence furnished by or in behalf of the claimant is within the competence of the physician or lay person and shows the reasonable probability of entitlement to benefits.

(3) State and other institutions. When submitted by or on behalf of the veteran and entitlement is shown, date of receipt by the Department of Veterans Affairs of examination reports, clinical records, and transcripts of records will be accepted as the date of receipt of a claim if received from State, county, municipal, recognized private institutions, or other Government hospitals (except those described in paragraph (b)(1) of this section). These records must be authenticated by an appropriate official of the institution. Benefits will be granted if the records are adequate for rating purposes; otherwise findings will be verified by official examination. Reports received from private institutions not listed by the American Hospital Association must be certified by the Chief Medical Officer of the Department of Veterans Affairs or physician designee.

[26 FR 1571, Feb. 24, 1961, as amended at 27 FR 4421, May 9, 1962; 31 FR 12055, Sept. 15, 1966; 40 FR 56434, Dec. 3, 1975; 52 FR 27340, July 21, 1987; 60 FR 27409, May 24, 1995]

[autumn]

YES

hi ms Carlie,

i put together my folder for IBS claim ready to send off after the MS secondary ratings are completed, if ever they will be.

i notiece in records over past 24 years, VA has diagnosed these things below and i'm wondering what is candidate for claim besides IBS?

IBS (can be claimed)

gerd ?

dysphagia ?

hyperlipidermia ?

[sharon]

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 of the symptoms for the 30 percent evaluation of less severity 10

A veteran can have a combination of both symptoms of GERD and IBS that can be combined and rated together without pyramiding.

[autumn]

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 of the symptoms for the 30 percent evaluation of less severity 10

A veteran can have a combination of both symptoms of GERD and IBS that can be combined and rated together without pyramiding.

hi,

thanks for reply. looks like i can file for them so i will.

i thought my shoulder pain was from spine/ms stuff, hmmm, oh well

thank you