constipation claim, ibs ?

[leadbelly1981]

I started having trouble with constipation pretty bad while I was in the army. Upon my ets at the exam I told the doctor that I had a lot of trouble going. I had also been seen twice for constipation while in the service

 

I received a letter from the va a few months after getting out stating that consipation is a symptom not a diagnosis and that my claim was denied and if I could provide new and material evidence the claim could be revisited. That was in 2004. 

 

I reopened my claim september 2015 and went to a c and p in San Francisco.  The doctor was a gasteroentrologists and he was pretty helpful. He stated that I have ibs constipation predominate. this is his exact medical opinion in the remarks section of the disability questioner.

 

In my opinion as a gastroenterologists, mr. B 's condition of abdominal bloating and chronic constipation represents irritable bowel syndrome, constipation predominate. It is more likely than not this this is the same condition for which he was seen in the army  on these dates. His complaint was never properly evaluated by the army prior to his discharge on. this condition has been continuously present by history and has been documented to present in va records at least since presentation to the sr va in 2009.  In my opinion his prior denial of va service connected status was in error in not recoginizing that his medical condition present since 2001 , is irritable bowel syndrome, constipation predominant.

 

Edited December 29, 2015 by leadbelly1981

[leadbelly1981]

52 minutes ago, flores97 said:

Leadbelly, your CUE looks pretty good to me, except for one thing. You filed your claim for constipation within one year of discharging from the military, is that correct? Your effective date, if you filed within one year of discharging, WOULD NOT be Feb 2004, it would be the day after your last day in the service. For example, let's say you discharged on Oct 2, 2003. If you filed the claim within one year, they owe you retro back to Oct 3, 2003. For most claims, the effective date is not the day the decision is made, it is the day VA receives your claim. UNLESS you file a claim within one year of your last day in service, then the effective date is the day after(or of, i can never remember), your last day in service. So if you succeed on this EED, and you filed the original claim within one year after ETSing from service, they owe you retro back to your last day in service. Good Luck, and be sure to have the attorney read your proposed CUE.

The claim was filed Nov 17 2003 2 days before my eta. Thank you for your input.

[flores97]

Your welcome, Leadbelly 1981. So if that is the case, they will owe you retro back to Nov 20, 2003, if you win your CUE. I hope you are successful, and please keep us updated. I also have IBS with constipation predominant, but i have been told my IBS, Gerd, and Incontinence is being either caused/definitely aggravated by the medications i take for the sc systemic lupus, so I have filed intent to file for those three secondary conditions. I wish you the best of luck.