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.

[Berta]

YEAH-I just noticed that myself.....

It certainly is possible that any SC med can have side affects.

The side affects (such as IBS symptoms) should be listed in the med sheet that comes with the meds and if not, you can go to any good Drug web site for the side affects and contraindications of eachSC med you take.

Great point Whirly Bird!!!!!.

This might well be a lot easier to SC as a secondary disability. ....caused by the SC meds you take.

[ArNG11]

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..

I can tell you from first hand experience that having your treatment records is key. The problem I myself have had, since I was ARNG I got my treatment from civilian docs using my personal insurance. They don't acknowledge private medical records, at least in my case they haven't. They pick and choose what they will acknowledge. The only reason I believe I got some of my GW issues connected (low balled of course) is because when I was Guard and went through the periodic screenings I answered questions that asked what RX's I was currently taking. I'm still in the process for them, (VA) to acknowledge and go by my civilian treatment records as my treatment was/is on the private sector.