Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Ibs Claim Due To Oif

Rate this question


manning01

Question

Has anyone done a successful claim i.e get compensated for Irritable Bowel Syndrome (IBS) a presumptive to SW Asia service? I went to OIF twice, Saudi Arabia, Qatar and Kuwait and now I have IBS and wish I didn't this, it is a pain to live with but not even nearly as bad as other things discussed in the forums. I was wondering since this is a presumptive illness according to Gulf War/ OIF guidlines do all I need to do on the VBA 21-4138 is state what I have and I state it as a presumptive to my servcie in SW Asia? There is nothing in my SMR I just attributed my issue before I retired last year to just getting older and being sensitive to certain foods but now it getting worse and I heard it doesn't have to be in my SMR since it's presumptive? I also heard the claim eligibility was extended so once my first claim for tinnitus and my neck fusion due to an injury sustained in Iraq is completed (submitted since Sept 2010) I'd like to submit and hopefully do it right the first time. Any ideas is greatly appreciated in steering this VA greenbeen the right way.

:smile:

Link to comment
Share on other sites

  • Answers 20
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

Are you a Gulf War vet? I think presumptives for IBS are for Gulf War Vets. If your IBS is presumptive all you have to do is claim it and the VA will set you up for a C&P to determine if you have it and how bad. If I were going to claim a presumptive condition I would send in the claim with some medical documentation that I have IBS and that I am Gulf War vet. Have you had C&P exams for your neck and hearing? I don't know that much about Gulf War presumptives but I know about Agent Orange presumptives and I have claimed them, so I know how presumptive claims go. They are cut and dried if you have the condition.

Link to comment
Share on other sites

Are you a Gulf War vet? I think presumptives for IBS are for Gulf War Vets. If your IBS is presumptive all you have to do is claim it and the VA will set you up for a C&P to determine if you have it and how bad. If I were going to claim a presumptive condition I would send in the claim with some medical documentation that I have IBS and that I am Gulf War vet. Have you had C&P exams for your neck and hearing? I don't know that much about Gulf War presumptives but I know about Agent Orange presumptives and I have claimed them, so I know how presumptive claims go. They are cut and dried if you have the condition.

Hi John999

From what I read the presumptives also cover us OIF veterans also here is it pasted from the VA website: For VA benefit purposes, Gulf War service is active military duty in any of the following areas in the Southwest Asia theater of military operations any time during the first Gulf War starting August 2, 1990 through the current conflict in Iraq. This includes Veterans who served in Operation Iraqi Freedom (2003-2010) and Operation New Dawn (2010 and continuing).

I do have the doctors notes and the endoscopy report with pics that he did on me showing issues that he can't explain why it's there. The labs and biopsies all can back negative for the usual gluten/celiac disease etc but yet a show signs of diffuse atrophic mucosa and nodular mucosa in my upper GI tract. This GI doctor is not a VA doctor and is very well known in the Phoenix area so I feel he has covered most of the bases ore than a VA Dr would. So all I can think of is it's something from my vacinnations (anthrax, small pox, maralia pills etc) or other factors from my deployments to OIF, Northern Watch (ONW), Southern Watch (OSW) and surrounding countries all those years since the GW. I was on active duty during the GW but my unit didn't deploy. I had my C&P's done for my neck and hearing back in Oct 2010 a couple of months after retiring from the USAF. I just don't want to over state my claim but make it short and sweet but solid enough to make their job easier to process it when it comes up to be rated. I don't want to file it right now my C file was transferred from Phoenix to the Cleveland VARO to a tiger team there to decide it on November 1st 2011. It was supposed to be decided on and sent back to the Phoenix VARO by Dec 30th 2011 but I know that was a pipe dream in their system my AMVETS rep looked at.

Link to comment
Share on other sites

This law will cover any one that was in the area from 2 August 1990 until today, even a tomorrow and next week.

Yes your IBS is a presumptive illness to your service, it is one of the Functional gastrointestinal disorders or FGID listed in the CFR 38 Section 3.317 Compensation for certain disabilities due to undiagnosed illnesses.

Do not just say I have diarrhea all the time. You need to state exactly how many times a day you go to the bathroom. “When the diarrhea comes I am running to the stool _ to _ times a day”, you fill it in. You will have to say how it comes on; how long it lasts, any pain or discomfort and whether or not you have constipation afterwards. State if you do take any medication for the diarrhea, whether it's over-the-counter or prescribed, state if it is working or not.

For each of the symptoms, you should be going to the doctor, or at least calling the VA and asking what to do. These calls the VA in most cases are put into your file. There is a presumptive end-date for the symptoms to show, but not to file your claim. That is why you need to always get thing into your medical records.

Look carefully over all the multi-symptom type illnesses in our health-guide book and also the diagnostic criteria that the VA has for some of these illnesses. If you believe you may have an illness such as chronic fatigue syndrome, then talk to your Doctor about it; otherwise continue on with the undiagnosed illness part of the claim.

Read the attached for how to file.

Has anyone done a successful claim i.e get compensated for Irritable Bowel Syndrome (IBS) a presumptive to SW Asia service? I went to OIF twice, Saudi Arabia, Qatar and Kuwait and now I have IBS and wish I didn't this, it is a pain to live with but not even nearly as bad as other things discussed in the forums. I was wondering since this is a presumptive illness according to Gulf War/ OIF guidlines do all I need to do on the VBA 21-4138 is state what I have and I state it as a presumptive to my servcie in SW Asia? There is nothing in my SMR I just attributed my issue before I retired last year to just getting older and being sensitive to certain foods but now it getting worse and I heard it doesn't have to be in my SMR since it's presumptive? I also heard the claim eligibility was extended so once my first claim for tinnitus and my neck fusion due to an injury sustained in Iraq is completed (submitted since Sept 2010) I'd like to submit and hopefully do it right the first time. Any ideas is greatly appreciated in steering this VA greenbeen the right way.

:smile:

Preparing a claim for undiagnosed illness.pdf

James A. Bunker

Executive Director

National Gulf War Resource Center

Phone: 785-925-9887

Email: Do not post your email address.

Join us on Facebook

Link to comment
Share on other sites

  • HadIt.com Elder

If these Gulf, OIF presumptives resemble AO the list will grow with time. Are there any presumptives for OEF? I can't believe that in time some sorts off chronic illness won't arise from exposure to environment of Afghanistan. If a soldier eats anything or drinks anything apart from what they get from USA they will get dysentary. It was chronic in Vietnam for soldiers in the field. The AO list has grown over the years and should probably cover all cancers. If there was more research on these presumptives there would be many more listed for all these wars. The VA has vested interest in not knowing. They don't do their own research on presumptives.

Link to comment
Share on other sites

There are some listed in section 3.317 for them too. They was added in Aug. 2010

If these Gulf, OIF presumptives resemble AO the list will grow with time. Are there any presumptives for OEF? I can't believe that in time some sorts off chronic illness won't arise from exposure to environment of Afghanistan. If a soldier eats anything or drinks anything apart from what they get from USA they will get dysentary. It was chronic in Vietnam for soldiers in the field. The AO list has grown over the years and should probably cover all cancers. If there was more research on these presumptives there would be many more listed for all these wars. The VA has vested interest in not knowing. They don't do their own research on presumptives.

James A. Bunker

Executive Director

National Gulf War Resource Center

Phone: 785-925-9887

Email: Do not post your email address.

Join us on Facebook

Link to comment
Share on other sites

This law will cover any one that was in the area from 2 August 1990 until today, even a tomorrow and next week.

Yes your IBS is a presumptive illness to your service, it is one of the Functional gastrointestinal disorders or FGID listed in the CFR 38 Section 3.317 Compensation for certain disabilities due to undiagnosed illnesses.

Do not just say I have diarrhea all the time. You need to state exactly how many times a day you go to the bathroom. "When the diarrhea comes I am running to the stool _ to _ times a day", you fill it in. You will have to say how it comes on; how long it lasts, any pain or discomfort and whether or not you have constipation afterwards. State if you do take any medication for the diarrhea, whether it's over-the-counter or prescribed, state if it is working or not.

For each of the symptoms, you should be going to the doctor, or at least calling the VA and asking what to do. These calls the VA in most cases are put into your file. There is a presumptive end-date for the symptoms to show, but not to file your claim. That is why you need to always get thing into your medical records.

Look carefully over all the multi-symptom type illnesses in our health-guide book and also the diagnostic criteria that the VA has for some of these illnesses. If you believe you may have an illness such as chronic fatigue syndrome, then talk to your Doctor about it; otherwise continue on with the undiagnosed illness part of the claim.

Read the attached for how to file.

Wow this is great information thank you. But I'm not understanding one thing should I just file a claim for undiagnosed Gulf War Illness state my symptoms that are similar to IBS and let them figure it out and not tell them I have IBS? Sounds like I should do that instead of claiming the direct illness especially when I don't have a hard diagnosis of IBS?

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Vicdamon12 earned a badge
      One Month Later
    • ArmyTom earned a badge
      Week One Done
    • kidva earned a badge
      Reacting Well
    • kidva went up a rank
      Apprentice
    • kidva earned a badge
      Collaborator
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use