Southwest Asia Question

[Mont36]

What does this mean? Service connection for irritable bowel syndrome is denied. NIS. P:NC. NONEX. V:NONEX. STRs. VSR: Tell the Veteran, "The "Persian Gulf War Veterans' Benefits Act" authorizes VA to compensate any Gulf veteran suffering from a "qualifying chronic disability," resulting from an undiagnosed illness or combination of undiagnosed illnesses, appearing either during active duty in the Southwest Asia theater of operations during the Gulf War, or to a degree of 10 percent or more within a presumptive period following service in the theater. Service connection under this provision is precluded if there is affirmative evidence that the disability was unrelated to service in the Gulf War. At your VA examination conducted on June 4, 2012, the examiner opined that your irritable bowel syndrome is less likely than not cause by a specific exposure event experienced during service. The examiner's rationale cited that you were diagnosed with irritable bowel syndrome in 2011 and your symptoms began in 2009. The examiner cited that you had no continuity of care or chronic problems until 11 years after service and your current

medical records show that you have many health issues. The examiner stated that your symptoms were most likely caused by the many comorbid health problems with many medications and not the Gulf War, due to the many years after service before the onset of any symptoms."

What's crazy is they didn't have my dd-215 with southwest Asia medal on it. How can the examiner suggest this and I was in southwest Asia which is presumptive. A rater I talked to suggested I reopen the claim and attach the 38cfr 3.317 regs with the statement of wanting to claim ibs due to this cfr. Any feedback.

[carlie]

bump.

[Mont36]

Any take on this above topic? Thank you in advance.

[Stretch]

There has to be some kind of treatment that you recieved from service to present. You must have treated somehow even self-medicated could help? The Nexus is very important. These are important.

Proof of treatment in service

Current problem

Nexus

[meghp0405]

I would suggest obtaining a copy of your C/P exam. Take this to a gastrologist and have him/her write you an IMO and state that it's because of your service in SW Asia which caused your diagnosis of IBS. They will also have to explain on how they arrived at the decision they did.

I believe in your case, your going to have a difficult time, simply because you were diagnosed with symptoms prior to your duty in SW Asia.

Were you AR or NG? Were you on active duty in 2009. With any disability, the veteran has to show chronicity of the disability. Again, if your records are 11 years absent of any symptoms, this is going to be a difficult process..

[Berta]

Good advice here

"appearing either during active duty in the Southwest Asia theater of operations during the Gulf War, or to a degree of 10 percent or more
within a presumptive period following service in the theatre"

This is a statement that is key to your issue.........proof of the manifestation of the disability to at least at 10% during the presumptive period.

This is an excellent link from Purple Heart to explaining the regulations in the decision:
http://www.purpleheart.org/ServiceProgram/Training2011/T-3%20MOPH%20PGW%20PowerPoints.pdf

Question....with 90%now have you ever applied for TDIU or do you still work?

Did the VA question your SW Asia service? They should have a copy of the DD 215 but still ,based on what I see here, that was not the issue.....they needed a paper trail of treatment that shows the IBS was at least at 10% disabling during the presumptive period.

Do you have a copy of yourSTRs and all other med recs you have incurred?

Edited March 6, 2014 by Berta

[Whirly Bird]

Hey Mont, just out of curiosity, Sounds like the doc attributed your IBS to the meds that you take for other conditions. Are the conditons that you take the meds for service connected conditions? If they are, and the meds caused the IBS, then you have a slam dunk secondary service connection claim. You could actually use the notes from this doctors c&p exam as evidence in support of a secondary service connection claim.

"Service connection of IBS as secondary to effects of medications taken for other service connected conditions"

Edited March 12, 2014 by Whirly Bird