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Irritable Bowel Syndrome (Ibs) As A Presumptive Condition Denied

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scubasteveo0

Question

My claim for ervice connection for Irritable Bowel Syndrome (IBS) as a presumptive service connected disability due to my service in the Gulf War per 38 C.F.R §3.317 was denied. Wondering how I can succesfully appeal.

VA DENIAL LETTER

“ Service connection is not permitted if there is affirmative evidence that the disability was unrelated to military service in the Gulf War. Service connection for unexplained chronic multi symptom illness to include irritable bowel syndrome is denied because evidence established that this disability result from poor diet and fitness.

Your service treatment records do not contain complaints, treatment, or diagnosis for this condition. We did not find a link between your medical condition and military service. On examination, the examiner indicated that your stated symptoms do not meet the criteria for a diagnosis for irritable bowel syndrome and are most likely the result of poor dietary and fitness habits.”

SERVICE INFORMATION & MEDICAL DIAGNOSIS:
I served in Southwest Asia during Operation Iraq Freedom. My unit did participate in ground combat in Iraq.

I have been diagnosed with IBS from VA medical doctor. I currently take both RX & non-RX medication for IBS. This information was submitted in my claim but not listed as evidence considered

C&P EXAM

Examined at VA Loma Linda. Examiner is a physican assistant. Examiner did not ask about fitness or diet patterns. Blue Button says I am unable to view the exam notes.

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I believe a lot has to do with the luck of the draw on the rater you get.  I began treatment in feb 2016 and filed a notice of intent to file and filed my claim in Jan 2017.  Received my C&P at the end of January and my decision on March 13th for 30% IBS.  I am a Gulf War Veteran and did my claim on my own by supplying information from this website and including all of my  treatment records electronically in the file.  It is the fastest rating I have ever received from the VA.  I simply must say I would not have had this outcome without the volumes of information on this website to educate a dumb old Cavalry Scout.  THANK YOU ALL for sharing the knowledge you have gained!!!!!!  By the way they backdated the award date to the date I filed my notice of intent to file, maybe a good topic to talk about on this site????

Edited by ScoutLT
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