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]

The claim is preparation for decision now for the last week nothing else to report at this time.

[HitemStraight]

I think you have a good claim, good luck.

FYI - I received an award retro to 1980 via a Reconsideration Request for ulcerative- colitis. The past recs in 1980 indicated 'probable ulcerative-colitis. I did not get a formal diagnosis until 2001.

Again, good luck ....

 

[flores97]

Leadbelly, I really think you have a strong case here. I'm hoping Mrs Berta can look at this, maybe try sending a private message to Tbird. The c&p doctor stated THE VA WAS IN ERROR, essentially. Fight for that EED, the other members all had great advice but when the doc himself states that an error was made, i dont see how VA can effectively argue with that. It might be worth having an experienced VA attorney look it over, keep in mind i am far from an expert but it cant hurt to try, and Good Luck!

[Berta]

I feel a CUE for a better EED might be very difficult.

because CUE is like the Watergate question...what did they know and when did they know it?

VA knew you claimed constipation in the earlier decision and the claim was not for IBS.

BUT, then again I was awarded for my husband's IHD (AO) as well as DMII (AO) which were Never diagnosed or treated by VA the entire time he was a VA patient.

He never claimed those disabilities because he didn't know he had them,when the medical evidence clearly revealed he did,along with his VA employee physicals and the regular medical appointments he got as a a disabled veteran.

The IHD claim was a CUE and the DMII claim was a straightforward direct SC claim, that I had  3 IMOs for.

The medical evidence in each above case revealed symptoms of both conditions that progressively got so bad (due to no diagnosis or treatment) that they both, per VA, contributed to my husband's untimely death.

The decision you get (soon I hope) will tell you more, and I also ask if you are a GWV, in country,

due to the presumptive GWV regulations regarding IBS.

You certainly need all of your STRs and VA medical records to see if they reveal that a diagnosis of IBS could have or should been made sooner.That could possible garner a CUE claim basis or maybe even an 1151 basis.

I assume VA has not questioned the chronicity of this problem.

Are they aware of, and did they obtain, any private medical treatment records you had for this condition?

 

 

[Navy4life]

I am currently S/C for IBS (30%) due to my Eating Disorder.  My SMR's were well documented with IBS in them which is what helped me secure my rating.  Since you did not have much to go on in your SMR's the letter your own GI doctor provided is good.  Did you get the doctor to fill out a DBQ?  I had my GI doctor fill one out, did not have a letter, and the DBQ sealed it for me during my C&P exam for IBS.

 

[leadbelly1981]

Hi everyone 

 

Claim moved to pending decision approval today. Thank you so much for the input. My two duty stations were Fort hood and camp casey South korea. My ETS was Nov 2003.  Unfortunately I dont have anything else to share right now . I do feel that the DBQ that the c and p doctor filled out lines up with 30 percent. I did not give va any health records. All they have is my smr and va clinic records.  Thank you for your advice and support. Is there anything else I should do right now the estimated completion was March 16 Last night now today it is Jan 29.

Edited January 22, 2016 by leadbelly1981