Ibs Presumptive And Ao Presumptive

[kevin4998]

I am a gulf war vet...

I have one documented visit to medical after the gulf war for IBS.

I was given over the counter meds at this visit.

got out of service in 97

every since that visit I have taken OC meds for this issue, since not much else can be done other than watching what I eat.

I have seen private docs for this issue getting out of service. Not very often but I do have paper work from docs stating so

I submitted this documentation along with a claim for IBS to the VA

I was denied

I thought IBS was a presumptive, so I did not even think that this would be an issue for being a denial.

I took my awards letter (I had other claims in that did go thru) to my VOF office that some how ended up as the go between (still trying to figure that out, how they became my coordinator.. as I originally went too a DAV's office to file my claim).

Anyway the officer their told me that IBS was NOT a presumptive.. not like Agent Orange.

I tried to explain that everything I have read stated that IBS was a presumptive. All he would say is that its not the same as Agent Orange.

This is got me really confused, because this guy is telling me basically that their is two different definitions of presumptive concerning IBS and Agent Orange.

Can some one please explain to me what the difference is?

I am not asking to know the differences between AO and IBS, obviously I know the difference of the two.. the wording or a link explaining the differences in "presumptive" is what I am looking for.

Thanks!

Sincerely

Kevin

[kevin4998]

Comments?

[JT24usn]

Sorry but going with the basics. Don't get upset. Did you actually claim ibs due to gulf, or think the va would make the leap?

If yhey did, did they give you the gulf war verbiage in the DTA along with the gulf war fact sheet?

If they did. Did they give you a gulf war gen med exam? Or just a digestive exam due to digestive conditions in the service.

First part if you didn't claim it due to gulf war then it is a reconsideration telling them to consider it that way. If granted they will still go back to original date.

Second. If they didnt give you gulf war verbiage and gulf war fact sheet. Then they didnt consider due to gulf and again just a request for reconsideration.

Third check what exam they ordered gulf war or digestive and that will tell you that they considered gulf war.

Sounds like you had a diagnosis and treatment. Now just need a nexus.

[Guest]

§ 4.14 Avoidance of pyramiding.

The evaluation of the same disability under various diagnoses is to be avoided. Disability from injuries to the muscles, nerves, and joints of an extremity may overlap to a great extent, so that special rules are included in the appropriate bodily system for their evaluation. Dyspnea, tachycardia, nervousness, fatigability, etc., may result from many causes; some may be service connected, others, not. Both the use of manifestations not resulting from service-connected disease or injury in establishing the service-connected evaluation, and the evaluation of the same manifestation under different diagnoses are to be avoided.

And

§ 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.

Basically VA can only pay for one disability within the same systems. I see that you said you are already service connected for GERD, so VA can only pay you for the disability that most resembles your condition. VA will most likely make you file an appeal but I hope I am wrong, maybe others will chime in.

[kevin4998]

Not upset at all. I have learned that with IBS, having tolerance is a requirement to help keep IBS in check. I keep myself in away from drama of any sorts and I try to not create any if at all possible. I just was hoping people would chime in as I have allot of other issues that I am trying to formulate a plan to take care of, along with trying to be rational with getting what I "believe" my claims are worth.

No, I did not raise the suggestion that my IBS was or I believe that it is Gulf War related. I wanted to see what/where every issue I had landed (denied/granted) and what direction each would take me, before I got down to specifics. Now that I know where I stand, its time to start punching things into the direction I feel they need to go.

As far as pyramiding, their is post here on Hadit, as well over the internet that I have found.. that on certain circumstances I have seen they (VA) has granted both Gerd and a separate rating for IBS. I do not or have figured out why in one instance it will be granted while in another service member it has not. I would like to know, but as of yet have not found a "clear" clue on what will make the difference. I don't know if my claim will be granted or be considered pyramiding... but it doesn't hurt to try and see what happens.

I have always been independent, I have lived on my own since I was a teen. I grew up in the military, I was strong and always pulled my weight.

When I started getting more and more in capable of doing this, I was stubborn and could not except the fact that my health and my lifestyle was changing.

I left Ford Motor Company, making 26.50 an hour (with of course great health bennies) to find a job more suitable to my physical limitations. During this time I became very depressed because over four years I had made less than 15K with a wife and two kids to house and feed. I eventually loss my wife, and even my kids due to lies from ex's family indicating that I was not trying.. when in all actually I was but limiting such things as construction (this was their field mainly) as I knew I wouldn't last long. This made me even more stubborn to except the fact of my physical abilities had changed my life. Even so much that my mind fully excepted that I was as fit as the day I entered the military.

When my world came to a crashing halt and my ex filed the paper work for divorce I went to talk too a lawyer of course.

As my lawyer and me talked about all sorts of things about my family and myself.. she gave me this little bit of advice.

That I should not self diagnose. I am not a doctor or nurse or any such things that are even remotely come close to any of these.

This was in a time that I did have a job, but, could barely work because of my medical issues. I was on the verge of loosing my job due to loss time of work, no prospects with my limitations of finding a job, even at below minimum wage.

It was the most valuable information I have ever received. I went on medical, immediately applied for SSD, and VA compensation. I was able to survive (modestly) with my medical pay of leave for the year it took to win my SSD. Almost two years later I won my VA Comp at 60%. This is a fact, and all because "this" lawyer encouraged me to try. That's all we can do, and what I will keep trying to do. Never Give UP!

[john999]

If you have filed a NOD on your denial of IBS you can hire a VA lawyer. The lawyer will probably tell you to get independent medical opinion. He even many know someone in medical field. I, too, had a job paying good money and lost it 12 years ago. I got TDIU via IMO's and Hadit. I filed for TDIU when I was 30%. You divorce lawyer told you that you are not a doctor and you are not a VA lawyer either, but you can hire one. They take 20% of your retro.

[Berta]

“The examiner explained that you had GI symptoms documented while in service, that was
diagnosed as GERD. “

“Not to mention they only gave me 10% for the Gerd while I have Barrets due to the Gerd. “

APPEAL that!

Did you file your IBS claim as due to your GW service and/or as secondary to the GERD?

Did you claim Barretts

I just found this on Google:

Functional Gastrointestinal Disorders/IBS Considered Presumptive Service-Connected Disabilities for U.S. Gulf War Veterans

http://ibsimpact.wordpress.com/2011/08/12/functional-gastrointestinal-disordersibs-considered-presumptive-service-connected-disabilities-for-u-s-gulf-war-veterans/

The link in this artcle is the same one I posted here the other day:

http://www.publichealth.va.gov/exposures/gulfwar/medically-unexplained-illness.asp

Can you post the entire Reason and Bases for their denial?

They might have to CUE themselves.

Then again, it pays to really word a claim in a good format. It took many of us years to figure that out here.

Not saying you worded it wrong......we just need more info on the denial.

I have seen vets claim "Gulf War Syndrome" Period.

And then they get denied.

Because their is no rating nor diagnostic codes for Gulf War Syndrome.The claim has to conform to presumptive conditions in the actual Gulf War regulations.

GW Vet regs are as confusing as SMC is. And a lot of VSOs don't really have a clue on them.