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]

On 1/20/2016 at 5:32 PM, flores97 said:

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!

Yes he directly said in the comments section of the DBQ.

 

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.

 

I don't know how he could have helped my case anymore ? He definitely advocated for me.

[leadbelly1981]

One question I have is , is this not enough to get the VA to reverse their decision or at least sc me for the New diagnosis?

 

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.

[Navy4life]

39 minutes ago, leadbelly1981 said:

One question I have is , is this not enough to get the VA to reverse their decision or at least sc me for the New diagnosis?

 

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.

The letter you provided was a very good/solid one by your doctor who performed the C&P.  I am sure it will help!

[flores97]

Leadbelly, Ms Berta has far more experience than I, but I will give it a shot. From the statement that doctor made, that the RATER IGNORED, Ms Berta, would that be a CUE? Leadbelly, I really, really advise you to have an experienced lawyer look that over if they don't award you back to the original filing date, which i doubt will happen but i believe you can fight them for that earlier date. I might go so far as to email robert mcdonald. First i would wait for the decision, please keep us updated and we will try to help you as much as possible, and Good Luck to you!! 

[leadbelly1981]

On 1/20/2016 at 7:53 AM, Berta said:

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?

 

 

 

 

 

 

 One question I have is , is this not enough to get the VA to reverse their decision or at least sc me for the New diagnosis?

 

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.

 

The next issue I'm wondering about now that I'm seeing how complex this whole process is. 

 

When I filed it was in 2003. Prior to my ets. I received the denial in early 2004. Ok that is straight forward. 9/ 22/ 2015. I click re open on e benefits because I still have the same issue but worse so I tried again. In all my reading the va doesn't re open claims that are outside the appeal process by more than a year without new and material evidence. Now I'm worried wondering what is going on. I never submitted new evidence. I got a call and went to the c and p exam that's it. 

 

This is literally all I have done.

1. Click reopen and submit on e benefits.

2. Go to mymy c and p as scheduled.

 

3. Request DBQ from SF VA release of iinformation Office.

 

Is there something I'm missing.

When I clicked reopen I e benefits did someone look at my c file the old decision and schedule the c and p for a particular reason. Did they realize a overlooked and?

 

I feel lost on this. Berta thank you for your knowledge does the va send vets to c and p on a re open with the vet not submitting new material evidence?

Edited January 23, 2016 by leadbelly1981
wording

[leadbelly1981]

3 hours ago, leadbelly1981 said:

 

 

 

 

 One question I have is , is this not enough to get the VA to reverse their decision or at least sc me for the New diagnosis?

 

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.

 

The next issue I'm wondering about now that I'm seeing how complex this whole process is. 

 

When I filed it was in 2003. Prior to my ets. I received the denial in early 2004. Ok that is straight forward. 9/ 22/ 2015. I click re open on e benefits because I still have the same issue but worse so I tried again. In all my reading the va doesn't re open claims that are outside the appeal process by more than a year without new and material evidence. Now I'm worried wondering what is going on. I never submitted new evidence. I got a call and went to the c and p exam that's it. 

 

This is literally all I have done.

1. Click reopen and submit on e benefits.

2. Go to mymy c and p as scheduled.

 

3. Request DBQ from SF VA release of iinformation Office.

 

Is there something I'm missing.

When I clicked reopen I e benefits did someone look at my c file the old decision and schedule the c and p for a particular reason. Did they realize a overlooked and?

 

I feel lost on this. Berta thank you for your knowledge does the va send vets to c and p on a re open with the vet not submitting new material evidence?