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I have had IBS since the 1st Gulf war and I have submitted to va 2 times now for it and have been denied both of those times, The VA hospital has diagnosed me with IBS. I was denied back in 2007 and reapplied this year and thought after the ruling stating that IBS is a presumed condition there would be no problem. I received a memo today stating that in order to reopen my claim they need new and material evidence. They are stating that my claim was previously denied because on the examination there was no specific pathology found to render a daig. Therefore, the evidence you submit must be new and related fact. I served in southwest Asia during the Gulf War. I reapplied because I know the presumed conditions was passed for Gulf War veterans. How do I attack this?
"They are stating that my claim was previously denied because on the examination there was no specific pathology found to render a daig."
Do you have active treatment records that include a diagnosis of IBS with the VA ,or does a private doctor treat the IBS?
"The VA hospital has diagnosed me with IBS."
Was that documented in your med recs ?
Did the VA use that record in the Evidence list for the recent denial?
Is it possible that 2 different VAMCs have treated you for IBS and the VA only got the med recs from one of them?
The va dr diag me and the va had these med records. I have to have the wonderful scope done every 5 years now because polyps was found. I was prescribed anti diahari meds is the only treatment the va hosp has given me.
You are lucky bud. I have an Endoscopy and Colonoscopy every six months. I am 31 and I have already had 12.
I've had IBS denied as well, and VA likes to use the term GERD for all Gastro issues. My Gastro Dr. acknowledged I've been dealing with IBS but hasn't diagnosed. Gastro ratings seem a little strange and I am maxed out on GERD(60%) anyway.
Getting scoped could really help, but not sure if it shows IBS.
I think my IBS is caused by medications used to control GERD and leads to a cycle of constipation then stool softeners.
What a crazy cycle!
I got sick when i was in Iraq with horrible bowl issues, ended up having Pancreatitis, which led to me being diagnosed with Crohn's colitis, i was rated 30% for it. They wanted to deny it saying that i had prior to service which could have been true, but it was never in my service record or medical findings. If you get with a good DAV rep., let him educate you on how to answer the questions, it helped me so much! We were not trying to scam or pull a fast one, my rep just want to give me the best chance at getting the best rating.
A colonoscopy will show IBS as the tissue would be enflamed. I have even heard of people having partial or full resections due to severe IBS, so it's not like they would make this up just to have part or all of the colon removed. Trust me, this is one surgery that takes months to get over/recover fully. Even after recovery, your body isn't the same (habits change, food irritates that didn't before, etc.). Ask that you get a scope and see what the doc says. If you are already at least 45 - 50, you should be getting one anyway.