IBS Question

[Punisher3A1]

I have a question about trying to get IBS service connected.  I am only an Afghanistan vet and I have read the Gulf War Presumptive Illness requirements and I saw that it says if you have spent one day in the Southwest Asia theater of operations that you could be SC due to a presumptive illness.  I have records that show I was in Kuwait and was there for over a week but that was for my travel during my mid-tour leave.  Could I submit a claim for IBS under the Gulf War Presumptive illness or should I try to get it service connected the regular room?

I was thinking about trying it as a presumptive illness first and if it didn't work, then file a regular claim but I'm unsure if that could hurt my chances at the regular claim.  Thank you guys in advance for your help and advice.

[Navy04]

Welcome aboard and sorry for what you are going thru as I was actually diagnosed with Crohns Disease after a Deployment to Afghanistan where I got a Bacterial Infection in my lower intestine.  As long as you have the proof showing you were in the area, I dont see no reason not to apply for IBS. What are you currently SC for? Maybe you could list the IBS Secondary to one of those conditions. Good luck and again glad to have a new Fellow Vet on Hadit.  God Bless

[Vync]

I have a question about trying to get IBS service connected.  I am only an Afghanistan vet and I have read the Gulf War Presumptive Illness requirements and I saw that it says if you have spent one day in the Southwest Asia theater of operations that you could be SC due to a presumptive illness.  I have records that show I was in Kuwait and was there for over a week but that was for my travel during my mid-tour leave.  Could I submit a claim for IBS under the Gulf War Presumptive illness or should I try to get it service connected the regular room?

I was thinking about trying it as a presumptive illness first and if it didn't work, then file a regular claim but I'm unsure if that could hurt my chances at the regular claim.  Thank you guys in advance for your help and advice.

If you already have a diagnosis for IBS related issues, that might be all that is needed to start your claim. They might send you to a C&P to evaluate the severity.

[Punisher3A1]

Thanks, I will go get a copy of my records from the doc and submit it this week.  What's the worse that happens, get denied and keep trying?

One thing, I didn't notice there was a Gulf War Illness thread until after I post this here.  Is there a way to move this post to the other thread?

Edited January 3, 2016 by Punisher3A1

[Vync]

On 1/3/2016 at 5:34 AM, Punisher3A1 said:

Thanks, I will go get a copy of my records from the doc and submit it this week.  What's the worse that happens, get denied and keep trying?

One thing, I didn't notice there was a Gulf War Illness thread until after I post this here.  Is there a way to move this post to the other thread?

If you file for presumptive and they deny, there should be no reason to file a new claim. Just appeal your existing claim.

Let's assume:
1. Whether you are on leave or on travel between duty stations, that should be considered "active military duty". When on active duty, you are considered on duty 24/7. If the VA tries to deny this, show them the dates of active military service from your DD-214. Your Army uniform included a labels or emblems stating "U.S. ARMY", which means "Uncle Sam Ain't Released Me Yet".
2. "At any time" should be literal enough.

 

If the VA tries to deny you because you do not have a Southwest Asia Service Medal (SWAM), point out the fact that the SWAM only applies from 1990-1995, but the Gulf War service period is from "August 2, 1990 to the present" (see further below).
https://www.gpo.gov/fdsys/pkg/CFR-2008-title32-vol3/xml/CFR-2008-title32-vol3-sec578-27.xml

 

Below is the Gulf War presumptive qualifying regions:

http://www.publichealth.va.gov/exposures/gulfwar/military-service.asp

Gulf War Service

For VA benefit purposes, Gulf War service is active military duty in any of the following areas in the Southwest Asia theater of military operations at any time August 2, 1990 to present. This includes Veterans who served in Operation Iraqi Freedom (2003-2010) and Operation New Dawn (2010-2011).

Southwest Asia theatre of military operations: Iraq, Kuwait, Saudi Arabia, Bahrain, Qatar, U.A.E., Oman, Gulf of Aden, Gulf of Oman, Persian Gulf, Red Sea, Arabian Sea

    Iraq
    Kuwait
    Saudi Arabia
    The neutral zone between Iraq and Saudi Arabia
    Bahrain
    Qatar
    The United Arab Emirates (U.A.E.)
    Oman
    Gulf of Aden
    Gulf of Oman
    Waters of the Persian Gulf, the Arabian Sea, and the Red Sea
    The airspace above these locations

- See more at: http://www.publichealth.va.gov/exposures/gulfwar/military-service.asp#sthash.U71TCJBi.dpuf

 

 

 

 

 

 

 

[broncovet]

In order for Veteran's to be awarded benefits, they need not have a medical degree or know the differnce between IBS, Crohn's disease, or PBS.  You need only point to the body part that hurts.  Sure, the VA will deny you for IBS, even if your doc diagnoses you with Crohn's disease.  You just have to appeal it.  

Understand this:  The VA neither cares about the laws, nor do they even know them.  Time after time, VA disregards the regulations and gets away with it until the Vet or his representative calls him on that to the CAVC.   I used to think VA followed their own regulations.  They dont.  They get away with as much as they can.  They are like a spoiled rotten teenager, who violates any law he can get away with. 

[Vync]

2 minutes ago, broncovet said:

In order for Veteran's to be awarded benefits, they need not have a medical degree or know the differnce between IBS, Crohn's disease, or PBS.  You need only point to the body part that hurts.  Sure, the VA will deny you for IBS, even if your doc diagnoses you with Crohn's disease.  You just have to appeal it.  

Understand this:  The VA neither cares about the laws, nor do they even know them.  Time after time, VA disregards the regulations and gets away with it until the Vet or his representative calls him on that to the CAVC.   I used to think VA followed their own regulations.  They dont.  They get away with as much as they can.  They are like a spoiled rotten teenager, who violates any law he can get away with. 

There does not seem to be any repercussions for not following regulations or corrective training to ensure regulations are followed. This allows the same mistakes to continue being made over and over.