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.
Question
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.
Link to comment
Share on other sites
Top Posters For This Question
12
10
4
2
Popular Days
Feb 2
10
Feb 3
6
Feb 7
6
Feb 4
5
Top Posters For This Question
rdawg 12 posts
Ricky 10 posts
Berta 4 posts
Objee 2 posts
Popular Days
Feb 2 2007
10 posts
Feb 3 2007
6 posts
Feb 7 2007
6 posts
Feb 4 2007
5 posts
37 answers to this question
Recommended Posts