Ibs Presumptive Nod.

[Scout Swimmer]

This is my rating decision followed by my NOD in response to my denial for IBS presumptive to Gulf War. I never have written one of these before but decided that its time to be my own advocate.

Hopefully I didnt screw this up.

Thanks again,

Phil

Service connection for Irritable bowel syndrome (IBS) due to undiagnosed illness.

Service connection may be granted for a disability which began in military service or was caused by some event or experience in service.

While your service treatment records reflect complains, treatments, or a diagnosis similar to that claimed, the medical evidence supports a conclusion that a persistent disability was not present in service. The VA medical opinion found no link between your medical condition and military service.

You are claiming current IBS as related to Gulf War exposures. The Persian Gulf War Veterans Benefit 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% or more within a presumptive period following service in theater. Section 202 of the Veterans Education and Benefits Expansion Act of 2001, expanded the definition of "qualifying chronic disability" to include (1) a medically unexplained chronic multi-symptom illness that is defined by a cluster of signs or symptoms and (2) any diagnosed illness that the Secretary of the VA determines in regulations warrants a presumptive of service connection.

The VA examiner noted all references in your service treatment records were to gastroenteritis, which is self-limited. There is no evidence that you were treated for IBS while on active duty, also, while you have a current diagnosis of IBS, current symptoms do not warrant a compensable evaluation.

Service connection for IBS is denied since this disability neither arose during service in the Gulf theater, nor was it manifested to a compensable degree after the last date of service in the Gulf theater during the Gulf War,

....NOTICE OF DISAGREEMENT.....

After reviewing all information pertaining to my rating decision claimed as Irritable Bowel Syndrome presumptive to Gulf War", I would like to request reconsideration for the following reasons.

The C&P examiner did not find that my IBS diagnosis was at least 10% disabling thus presumptive status to gulf war exposure was denied on the basis of not warranting a compensatable evaluation of at least 10% disabling.

At no time during the C&P examination did the examiner discuss my IBS issues. She never questioned me about my symptoms, frequency of irritability, over the counter medications used, or incapacitating episodes, even after I presented an IBS diagnosis from a Gastroenterologist that listed my symptoms. Also I currently take medications for this condition, (Dulcolex, magnesium citrate).

It is important to note that my IBS diagnosis from my Gastroenterologist is listed as chronic in the area of constipation. "stools once every 4 to 5 days that are hard and scybalous. The patient states that with time he notes progressive abdominal bloating, discomfort, and cramping. The cramping is always in the lower quadrants. Because of persistent symptomatology we are asked to see and assist in this patients future evaluation and management".

The 30% criteria is "alternating constipation with more or less constant abdominal distress". I fit the criteria because it takes nearly a week for me to have a bowel movement which leaves me in constant abdominal distress.

I am also requesting a new C&P examination based on the specific reasons stated in this report.

Respectfully Submitted,

P Grenier

Edited December 13, 2014 by Philgrenier

[Scout Swimmer]

Well, I just went through my c file. Nothing saying I was there. Mostly just a bunch of useless info that pertains to nothing I need. So I lose?

[K9MAL]

You only lose if you stop pursuing your valid claim. Keep running it up the flagpole.

[63SIERRA]

this is how they screw desert storm vets. They are ignoring the presumptive ilnesses. They are trying the same thing with me. First they say if you have certain ilnessses you dont have to prove anything, other than it is an actual disability that you currently suffer. You dont have to prove you had symptoms in service.

THEN they say, at the same time, that the laws means that it can only be undiagnosed illnesses , then they find a diagnosis no matter if its accurate or not.

THEN, IF ALL ELSE FAILS, THEY APPLY REGULATIONS TO THE CLAIMS THAT DO NOT APPLY.

HEADS they win, TAILS we lose/ its like a one legged man in an ass kicking contest, we cant win.

It is all double talk bullshit. Also, when you tell the doctors at the VAMC, that you are a desert storm vet, and are having widespread joint pain, fatigue, morning stiffiness, ect, they tend to just blow it off, and dont even mention it in the notes, or try to diagnose anything. THEY DONT WANT TO DRIVE DOWN THAT ROAD.

The so called doctors try and twist everything around to make it seem like its a non issue.

All the VA wants to do is study Us like lab rats, with all of thier registrys.. The gulf war registry, ther burn pit registry, the fibromyalgebra, registry, the hair fell out your damned head registry, registry, registry,, registry, WE DONT NEED NO MORE STINKIN REGISTRYS, WE NEED OUR COMPENSATION.

The gulf war was an experimental war, and they couldnt wait to bomb the shit out of that country. They lied about chemical weapons that we were exposed to, they lied abt the oil well fire exposure as long as they could, all they seem to know how to do is lie to us.

I fear we will suffer the same fate as out vietnam bretheren, they will lie and deny until most of us die.

[FormerMember]

Look at your 214 closely. They usually annotate overseas service and where. It wasn't on mine but I kept orders showing I was there because by then I'd seen what they did to Lt. Cally at My Lai. The next thing is the military always issues "I was there" medals for in-theatre and in-country. If you have combat medals like a CIB, Purple Heart or a Bronze star they should be on the 214. Marines have a Combat Action Ribbon. If you are accorded the combat endorsement as described in 38 USC 1154(b), everything you say is considered to be the truth unless rebutted. Obviously alien abduction is right out. If you claim IBS due to PG syndrome, by law they have to believe you if you are 1154(b).

<<<<<<<<<Service connection for IBS is denied since this disability neither arose during service in the Gulf theater, nor was it manifested to a compensable degree after the last date of service in the Gulf theater during the Gulf War,>>>>>>>>>>>>

Appears from this that they are giving you the in-country, boots on the ground presumption, though.

[63SIERRA]

they voulenteered me for all 3 stars, ha 6 months sand, sarin and sweat.

Individuals serving in Israel, Egypt, Turkey, Syria and Jordan (including the airspace and territorial waters) directly supporting combat operations between January 17, 1991 and April 11, 1991 are also eligible for this award. ^[4]

To receive the award, a service member must be: attached to or regularly serving for one or more days with an organization participating in ground/shore military operations; attached to or regularly serving for one or more days aboard a naval vessel directly supporting military operations; actually participating as a crew member in one or more aerial flights directly supporting military operations in the areas designated; or serving on temporary duty for 30 consecutive days or 60 nonconsecutive days, except, if a waiver is authorized for personnel participating in actual combat. ^[5]

For those service members who performed "home service" during the Persian Gulf War, such as support personnel in the United States, the Southwest Asia Service Medal is not authorized. The award is also not authorized for those who performed support of the Persian Gulf War from European or Pacific bases. ^[6]

One bronze service star will be worn for participation in each designated campaign. Each recipient of the medal should wear at least one campaign star.^[7]

Designated campaigns are as follows:

Campaign From To Defense of Saudi Arabia August 2, 1990 January 16, 1991 Liberation and Defense of Kuwait January 17, 1991 April 11, 1991 Southwest Asia Cease-Fire April 12, 1991

November 30, 1995

[63SIERRA]

AS far as I know Iraq is still a cease fire, I guess if nobody is running the country, they have nobody to sign a surrender?