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Mont36

Help On Southwest Asia Question

Question

What does this mean? Here is what the examiner said on her report for the C&P I had.

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.

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4 answers to this question

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When did you serve?

When did you file your claim?

When did you get your denial letter?

If you file a reopen claim, you will most likely lose your effective date.

An examiner can not approve or deny service connection, they can only give their opinion if it is related to your service.

What are your service connected disabilities? This may help the board help you.

What medications are you taking? This may also help the board help you.

When did you get your DD215?

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I served from 8/1994-8/1997. I filed in 11/2011 for IBS. I got the denial letter in 7/2012. I have asthma, gerd,hiatal hernia, and major depression and flat feet. I'm taking Prevacid, buspropian and ibuprofen. I got my dd-215 this past weekend.

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Since your claim was rated in 2012, you are past your appeal period. You have to file a reopen claim and VA may or may not pay you back pay. Keep in mind that Gerd and Hiatal Hernia are the same thing for VA rating purposes. Also having Gerd and IBS, VA may or may not pay you for both conditions. They may separate them because IBS is presumptive but you never know what VA will do. Since you've just received your DD215 that proves you are a Persian Gulf War Vet. the only thing you can do now is file a reopen claim.

Oft times VA will only pay you for the disability that mostly explains your condition.

Edited by pete992

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Diagnistic code for gerd/hiatal hernia 7346 and ibs 7319

38 cfr 4.14 pyramiding

http://www.ecfr.gov/cgi-bin/text-idx?SID=ef4bbbe26e46a4877b4855e9d85528ee&node=38:1.0.1.1.5.1.98.9&rgn=div8

38 cfr 4.114

§4.114 Schedule of ratingsdigestive system.

Ratings under diagnostic codes 7301 to 7329, inclusive, 7331, 7342, and 7345 to 7348 inclusive will not be combined with each other. A single evaluation will be assigned under the diagnostic code which reflects the predominant disability picture, with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation.

Edited by JT24usn

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