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Chronic Fatigue denied due to IBS????

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willidx4

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I was looking over my old claims last night and noticed I had an c&p done in 2012 for chronic fatigue by a PA. The reasoning she gave for the denial and not completing the DBQ was.

-Veteran claims chronic fatigue from Gulf War exposure

-Veteran already has IBS diagnosis and therefore  excludes CFS (This PA granted my IBS claim the same day she didn't examine me for CFS)

- As a result, the remainder of this DBQ was not completed

I wanted to get you guys opinion is there anything I need to do concerning the above before I seek a IMO

              

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  • HadIt.com Elder

"is there anything I need to do concerning the above before I seek a IMO"

IMO's cost money. A PA's opinion is perhaps easier to refute than a doctors.

But, this was a 2012 C&P, and is looks like it went unchallenged during the appeal period.

I'd likely turn to the legal beagles for an opinion.

The CFS bit was related to logic that said it was only valid if nothing else could be diagnosed.

 

 

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Well it looks like you got screwed. It is Both a medical and legal matter. CFS and IBS are both presumptive conditions and they should be evaluated and rated separately.

7319   Irritable colon syndrome (spastic colitis, mucous colitis, etc.):Severe; diarrhea, or alternating diarrhea and constipation, with more or less constant abdominal distress 30%

Moderate; frequent episodes of bowel disturbance with abdominal distress 10%

Mild; disturbances of bowel function with occasional episodes of abdominal distress 0%

6354 Chronic Fatigue Syndrome (CFS):

Debilitating fatigue, cognitive impairments (such as inability to concentrate, forgetfulness, confusion), or a combination of other signs and symptoms:

Which are nearly constant and so severe as to restrict routine daily activities almost completely and which may occasionally preclude self-care 100%

Which are nearly constant and restrict routine daily activities to less than 50 percent of the pre-illness level, or; which wax and wane, resulting in periods of incapacitation of at least six weeks total duration per year 60%

Which are nearly constant and restrict routine daily activities to 50 to 75 percent of the pre-illness level, or; which wax and wane, resulting in periods of incapacitation of at least four but less than six weeks total duration per year 40%

Which are nearly constant and restrict routine daily activities by less than 25 percent of the pre-illness level, or; which wax and wane, resulting in periods of incapacitation of at least two but less than four weeks total duration per year 20%

Which wax and wane but result in periods of incapacitation of at least one but less than two weeks total duration per year, or; symptoms controlled by continuous medication 10%

Note: For the purpose of evaluating this disability, the condition will be considered incapacitating only while it requires bed rest and treatment by a physician.

 

http://www.publichealth.va.gov/exposures/gulfwar/medically-unexplained-illness.asp

 

What did your actual rating decision say about these conditions?

Edited by pete992
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outside of the normal VA blah blah,no dx found in service,no diagnosable  the only thing that stands out is" The VA examiner noted that your complaints of CFS is a symptom of your OSA and IBS. I will send this one to a lawyer  not so sure a PA is really an expert in CFS,OSA or IBS.

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Gulf War Veterans who meet the criteria below do not need to prove a connection between their military service and illnesses in order to receive VA disability compensation.

VA presumes certain chronic, unexplained symptoms existing for 6 months or more are related to Gulf War service without regard to cause. These "presumptive" illnesses must have appeared during active duty in the Southwest Asia theater of military operations or by December 31, 2016, and be at least 10 percent disabling. These illnesses include:

Chronic Fatigue Syndrome, a condition of long-term and severe fatigue that is not relieved by rest and is not directly caused by other conditions.

Fibromyalgia, a condition characterized by widespread muscle pain. Other symptoms may include insomnia, morning stiffness, headache, and memory problems.

Functional gastrointestinal disorders, a group of conditions marked by chronic or recurrent symptoms related to any part of the gastrointestinal tract. Functional condition refers to an abnormal function of an organ, without a structural alteration in the tissues. Examples include irritable bowel syndrome (IBS), functional dyspepsia, and functional abdominal pain syndrome.

Undiagnosed illnesses with symptoms that may include but are not limited to: abnormal weight loss, fatigue, cardiovascular disease, muscle and joint pain, headache, menstrual disorders, neurological and psychological problems, skin conditions, respiratory disorders, and sleep disturbances - See more at: http://www.publichealth.va.gov/exposures/gulfwar/medically-unexplained-illness.asp#sthash.EZ8YEQw5.dpuf

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2 hours ago, pete992 said:

Gulf War Veterans who meet the criteria below do not need to prove a connection between their military service and illnesses in order to receive VA disability compensation.

VA presumes certain chronic, unexplained symptoms existing for 6 months or more are related to Gulf War service without regard to cause. These "presumptive" illnesses must have appeared during active duty in the Southwest Asia theater of military operations or by December 31, 2016, and be at least 10 percent disabling. These illnesses include:

Chronic Fatigue Syndrome, a condition of long-term and severe fatigue that is not relieved by rest and is not directly caused by other conditions.

Fibromyalgia, a condition characterized by widespread muscle pain. Other symptoms may include insomnia, morning stiffness, headache, and memory problems.

Functional gastrointestinal disorders, a group of conditions marked by chronic or recurrent symptoms related to any part of the gastrointestinal tract. Functional condition refers to an abnormal function of an organ, without a structural alteration in the tissues. Examples include irritable bowel syndrome (IBS), functional dyspepsia, and functional abdominal pain syndrome.

Undiagnosed illnesses with symptoms that may include but are not limited to: abnormal weight loss, fatigue, cardiovascular disease, muscle and joint pain, headache, menstrual disorders, neurological and psychological problems, skin conditions, respiratory disorders, and sleep disturbances - See more at: http://www.publichealth.va.gov/exposures/gulfwar/medically-unexplained-illness.asp#sthash.EZ8YEQw5.dpuf

Thanks Pete how they managed to get around this by stating "The evidence does not show a current diagnosed disablity"Think I need to get a good IMO?

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All of this is a joke.  Youi either do not meet the criteria bc someone gave an opinion (ie-dx) or bc you have no dx.  I was denied IBS based off of this even though I was within a year of discharge and never even brought up my desert tours as it relates to my stomach issues.  This is a ball and cup game that they are playing with us so they can say they are helping with these issues to keep the news agencies at bay.  EVERY one of my items that the VA said were related to service in SE Asia were categorically denied.  I never asked for them to put any of it against presumptive GWI, I don't need to use GWI, I retired and filed my claims immediately.  I did find it interesting that those were the only claims categorically denied.  I think this will hamstring me and others for benefits 20 years from now but, then again, I don't think this broken vessel will last that long, lol.

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