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Claiming Ibs Related To Burn Pits In Iraq


cwild
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I'm new here so let me know if there's a better place for this. I'm curious what supporting documents I need to file a claim for my IBS. I believe it's service connected to my year I spent in Taji, Iraq from 2005-2006. I think it results from the use of burn pits. It started after my time in Iraq. I am familiar with the online va system and have a pending claim for other issues. My question is do I need to see my doctor now and if so, then what? He really can't prove when my IBS started. I had a PA suspect it was IBS back in 2007 but I don't know if it's actually in my records. The next time it was actually diagnosed with a colonoscopy was 2011. I struggle more so today than ever before with this condition. Thanks for any guidance.

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This post would be better in the Gulf War forums. Also you should not say that your IBS is a result of Burn Pits. Instead you should file it as a presumptive illness as a result of you service in SWA.

You are a Gulf War Veteran and Gulf War Veteran should file under section 3.317.

Only a 'Persian Gulf Veteran' a term which includes OIF, Desert Storm, and most other Iraq veterans may file §3.317(a) claims. A Persian Gulf Veteran is any current or former member of the United States Armed Forces who served in the Southwest Asia Theater of Operations for at least one day between August 2, 1990 and the current date*.

There is a self help study guide that will help you. This is the link to it.

http://www.ngwrc.org/guide/ngwrc-guide.html#02

Filing IBS as a presumptive illness

Veterans discharged under conditions other than dishonorable who served in the Southwest Asia theater of military operations, which includes the areas specified in 38 CFR 3.317(e)(2), or in Afghanistan on or after September 19, 2001, may be entitled to disability compensation for certain diagnosed and undiagnosed disorders or for certain presumptive disorders, despite the fact that these disorders did not become manifest during qualifying service.

SO even if you do not have SMR's indicating you have IBS during service you can file it as a presumptive condition. Not Burn Pits. There have been none to very little success filing IBS as results of Burn Pits.

Once you identify to the VA you think is a direct result of something they find a way to shoot it down by asking you to provide a direct relationship to it.

Here is a letter I provided requesting service connection for IBS.

Dear Sir / Madame December 11, 2014

I am writing you to request: Entitlement to service connection for (IBS) irritable bowel syndrome with diarrhea, to include as a qualifying chronic disability pursuant 38 C.F.R. 3.17

I am requesting the examiner to take into account the fact that IBS is a presumptive illness for this veteran under U.S.C. title 38 Section 1117 as passed by congress in 2001.

I am a Gulf War veteran. I have a diagnosis of Irritable Bowel Syndrome. I am being treated for this condition by the Temple VA Medical Center.

The following test and treatment were perform by the VA:

Lab test (blood work): VA/ Aug 2014

Colonoscopy: VA/ Oct 2014

Lab test (blood work): VA/ Mar 2014

Stool sample: VA/ July 2014

Colonoscopy with Biopsy: Mar 2011

Surgical Pathology Report (Biopsy) Mar 2011

I am taking the following medications for IBS:

1. Psyllium Mucilloid once daily

2. Loperamide 1 tablet 4 times a day and after loose stool

3. Simethicone 1 tablet 4 times a day for gas

4.Pramoxine (for hemorrhoids caused by IBS)

The medical records reflect that I have a diagnosis of IBS. I served in Southwest Asia during the Persian Gulf War Era, and I am entitled to the application of the presumptive provisions of 38 U.S.C.A. 1117. All the legal requirements for establishing service connection for IBS are met; service connection for such disease is warranted.

Presumptive disorders will be considered to have been incurred in or aggravated by service even if there is no evidence of such disease during active service.

History of Condition:

Before and during military service up until the Gulf War I never had any problems with diarrhea. After returning from the Gulf War, I started having bouts of diarrhea that would last 1 to 3 days. I would have 12 to 15 episodes a year. I would take over the counter medicines (Imodium A-D) and the diarrhea would clear up.

In July, 2001 it was found by the VA during an exam for Gulf War that I had Irritable Bowel Syndrome w/ occasional loose stool. And that the problem existed for at least the last 8 years prior to the exam. The IBS continued to progressively get worse causing bleeding. Bloody stools have been noted in medical records July 2001, Jan 2006, June, 2009 again 2011-2014.

Request for colonoscopys has been made due to Hematochezia. Each colonoscopy results were negative except for hemorrhoids. After the last colonoscopy conducted October 16, 2014 the recommendation of surgical hemorrhoidectomy be done.

Over the past years since July 2001, the symptoms of diarrhea have become chronic. The chronic diarrhea (IBS) has impact the performance of my daily activities and interaction with my family. I am having 5 to 8 bowel movement per day. The bowel movements are predominantly diarrhea and loose (mushy) to watery stool movement with urgency after eating has cause me to loses bowel control several times in the last 6 months, when I was not able to get to the restroom in time. Due to the stomach pain and frequent trips to the restroom because of IBS, I am unable to travel or visit others due to the need to have a restroom close at hand.

Thank you for your kind consideration of my request.

Respectfully submitted

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BlastDaddy, that letter is excellent!

This is one reason why,even if we have a VSO or vet rep, we claimants should shape and word our claims ourselves,as you did, citing the regulations (since these are presumptives), and you documented the diagnosis and medical evidence you had.

Of course you are right about the burn pits.

I have not seen a single claim yet that awarded any SC due to burn pit exposures.

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Berta,

Thank you for your comment.

I want to assist others as much as possible. So far here in the Ft. Hood area I have helped several with this and a few other conditions. it is better to be prepared and provide what they are looking for than to have them request it.

Berta you responded to my topic on Dec 22nd. I responded to you comment on Dec 23rd updating my situation. Take a look at it and you will see where I am at right now. Love to chat with you but couldn't message you.

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K9Mal,

You are right. I also requested through my gastro doctor for a DBQ and one was set up for me. It was also forwarded with the claim.

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