Do They Even Read Their Own Regs

[rdawg]

undiagnosed illness

excerpts

A qualifying chronic disability means a chronic disability

resulting from an undiagnosed illness; medically unexplained

chronic multi-symptom illnesses that are defined by a cluster

of signs or symptoms such as chronic fatigue syndrome,

fibromyalgia or irritable bowel syndrome; or any other

illness that the Secretary determines warrants a presumption

of service connection. 38 C.F.R. § 3.317.

In the present case, the evidence of record does not

establish that the veteran's gastrointestinal disability

constitutes a qualifying chronic disability under 38 C.F.R.

§ 3.317. Indeed, the veteran does not have an undiagnosed

illness of the gastrointestinal system. To the contrary, the

competent evidence, to include VA examinations in May 2004

and February 2006, show assessments of irritable bowel

syndrome. Moreover, there is no demonstration that such

irritable bowel syndrome is a symptom of a medically

unexplained chronic multi-symptom illness. Therefore, the

requirements for a grant of presumptive service connection

under 38 C.F.R. § 3.317 have not been satisfied.

in one paragraph they are saying that IBS is an undiagnosed illness subject to presumptive SC. In a subsequent paragraph they are saying that the veteran does not have an undiagnosed illness -- he has been diagnosed with IBS.

who's on first? what's on second. I don't know is on third.

[Objee]

Sorry, Dawg, but they are saying that the illness is diagnosed - as IBS.

THey are also saying the there is no presumption that IBS is secondary to

any undiagnosed illness that could make it SC due to a medically unexplained

illness.

In short, he's screwed by the diagnosis of IBS.

Ralph

undiagnosed illness

excerpts

A qualifying chronic disability means a chronic disability

resulting from an undiagnosed illness; medically unexplained

chronic multi-symptom illnesses that are defined by a cluster

of signs or symptoms such as chronic fatigue syndrome,

fibromyalgia or irritable bowel syndrome; or any other

illness that the Secretary determines warrants a presumption

of service connection. 38 C.F.R. § 3.317.

In the present case, the evidence of record does not

establish that the veteran's gastrointestinal disability

constitutes a qualifying chronic disability under 38 C.F.R.

§ 3.317. Indeed, the veteran does not have an undiagnosed

illness of the gastrointestinal system. To the contrary, the

competent evidence, to include VA examinations in May 2004

and February 2006, show assessments of irritable bowel

syndrome. Moreover, there is no demonstration that such

irritable bowel syndrome is a symptom of a medically

unexplained chronic multi-symptom illness. Therefore, the

requirements for a grant of presumptive service connection

under 38 C.F.R. § 3.317 have not been satisfied.

in one paragraph they are saying that IBS is an undiagnosed illness subject to presumptive SC. In a subsequent paragraph they are saying that the veteran does not have an undiagnosed illness -- he has been diagnosed with IBS.

who's on first? what's on second. I don't know is on third.

[Guest rickb54]

and who give a damn is running home.....

I know what you mean, It seems that no one is watching the shop doesn't it....

[rdawg]

Sorry OBjee, you are wrong and I am right.

presumed

maybe a Hadit elder will settle for us.

[Testvet]

the gulf war rules for undiagnosed illnesses is the stupidest thing I have seen in my life, if it's undiagnosed they will SC if a doctor diagnosis it then you can't be SC then how the hell do they know what is wrong with you and how to rate it, explain undiagnosed cardiovascular problems yet they have a listing for it in the undiagnosed GW problems, all heart problems are given a diagnosis go figure no one else can I once wrote Principi and asked him to explain it to me, I never got a response

[Objee]

Sorry OBjee, you are wrong and I am right.

presumed

maybe a Hadit elder will settle for us.

Naw, I had a brain fart. Reread you post and agree with you. What now

confuses me is that irritable bowel syndrom is a diagnosis - or, at least,

I thought so. Maybe (since I've demonstrated a 6th grade level education)

the RVSR suffers from the same educational deficiency and can't figure

out where the up-arrow goes. Dunno, but I'm now confused as to their logic.

The VBA motto still stands - Delay and deny until the vet can die.

Ralph

[john999]

TestVet

It is like the Agent Orange rating for peripheral neuropathy. You must have symptoms within one year of exposure and then the symptoms must resolve itself within two years. How can you get SC'ed for that? By the time you are diagnosed you probably are no longer having symptoms.