Confused

[Rude1122]

I put in a claim for IBS and fibromyalgia 8/15. I had a. DBQ and all my medical and buddy statements and all the the other proper forms sent electronically. In march they asked for 21-4142 to get my medical records from my doctors or get them my self. I called the 1800# and they said that they see all my medical records and don't know why they are requesting this. So I sent them again anyway. A month later I see they reopened a old claim. Then it showed up I was claiming anxiety and depression secondary to IBS. I never did this. Now I get a letter saying my old claim was denied because I need new evidence to open it up and they are giving me 30 days. Also the anxiety and depression secondary to Ibs was denied because the I am not service connected for IBS. Like I said I never asked them to reopen my old claim or tried to get a secondary claim they did that. All I put I'm for was Ibs, and Fibromyalgia. I know 9 months isn't long for a claim but I sent in all the documents and I am still at gathering evidence phase. They have no evidence to gather I did that. I am afraid the 30 days will go by and then they will ask for for the evidence again. It's like they are stalling. Any ideas in what I should do?

[Rude1122]

Well I got denied. Checked ebenifits. Waiting on lettet to see exactly why.

[Andyman73]

Well I got denied. Checked ebenifits. Waiting on lettet to see exactly why.

I am so sorry to hear that, I hope you will fight this tooth and nail!

Andy

[Rude1122]

I received my denial letter. It says

Irritable bowel syndrome

Explanation

Service connection for irritable bowel syndrome is denied since this condition neither occurred in nor was caused by service.

Fibromyalgia

There is no evidence to show a relationship between { } , which you had while in service, and your current { } condition. Therefore, service connection is denied.

[USN_HM_VSR]

I received my denial letter. It says

Irritable bowel syndrome

Explanation

Service connection for irritable bowel syndrome is denied since this condition neither occurred in nor was caused by service.

Fibromyalgia

There is no evidence to show a relationship between { } , which you had while in service, and your current { } condition. Therefore, service connection is denied.

Something got screwed up here. This is a denial for direct service connection. If you were trying to get IBS, CFS as GW presumption then you should resubmit and make sure you put "GULF WAR PRESUMPTIVE, I SERVED IN such/such PLACE PLEASE SCHEDULE ME A GULF WAR GENERAL MEDICAL EXAMINATION" just in case they get confused. Also submit your personnel records to show any GW service bc chances are they didn't look and you don't want to rely on them to find it.

Edited July 11, 2015 by USN_HM_VSR

[Gastone]

I may of missed it, didn't see any review of SMR's or rater discussing anything about Gulf War. You had an old Denied claim that had become closed, right?

You were DX'd while on active duty in a War Zone, do you actually have your SMR showing the DX? Have you ever received treatment at a VA VMC?

I take it, a Non VA Dr completed 1 or more of the DBQ's that you supplied as evidence, right? What etiology did the Dr indicate on the DBQ and what rational did he/she offer?

When I returned from Nam in 69, nothing ever mentioned about any medical condition that presented within 12 months of discharge be considered a SC condition. Discharge records indicate a Squid Officer had a long discussion about Bennies with me. Ya, shook my hand and thanked me,signed my papers and showed me the door.

Do your private MR's show a continuity of treatment since discharge? DD214 show Boots on the Ground, during Gulf War?

Some Specific, Necessary piece of Evidence has to be missing. May as well request to see your C-File at your VARO and get a complete copy of it. Takes about a year after you file the FOIA request, for the copy to arrive. I never did get to see mine at the VARO.

Don't let this claim DIE, file your NOD yesterday.

Semper Fi

Gastone

[Rude1122]

Got some good news today. Out in nod and regional office reviewed my denial. I was awarded 40%, thanks for all your advice. Have other claims to work but this is a start