IBS Secondary to GERD or Presumptive

[KansasNavy]

I retired in 2014.  I served during Gulf War so I qualify for presumptive list. My GERD was service connected at 0% back in 2014.  It was service connected because I have had two stomach surgeries, one NISSAN surgery and then hiatal hernia surgery (Both while I was AD).  I filed a claim for IBS back in 2015, but it was denied due to no diagnosis.  I didn't fight it.  Then in 2016 I was diagnosed with IBS by Navy Doctor but it wasn't bad enough to be compensable so I didn't file the claim because it was past the year requirement. I probably should have claimed it in 2015 but I didn't know what I was doing. 

Now its 2020 and IBS has gotten much worse so I would like to file a claim.  My question is:  Should I try to get it service connected IBS secondary to GERD?  GERD has gotten worse as well.  Or should I claim IBS as a presumptive?  I believe and the Dr yesterday confirmed it has gotten worse.  Trying new medicine to see what that does.

Since I was denied back in 2015 due to no diagnosis, should I file a supplemental with the new evidence, open a new claim or reconsideration?

Award Letter States: Service connection for irritable bowel syndrome is denied because the medical evidence of record fails to show a current disability.

 

 

Thank you

 

[ShrekTheTank]

So you need a doctor to say you have IBS. I would file on Ebenefits today so you save your date.  Then apply and there is no need to go secondary as it will be presumptive since you were in the gulf war.  

I am hoping you got a diagnosis at some point because you can then fight the effective date.

[brokensoldier244th]

IBS is presumptive- if you can show boots on ground anywhere in the SW Asia region prior to Dec 2021 under 38CFR 3.317. I wouldn't try claiming it secondary to GERD- you would have a stronger claim just going the presumptive route. If nothing else, file an Intent to File  VA form 20-0966, to freeze  the date for the next year. Ive seen alot of these lately- not that thats a bad thing, just what comes across my desk. 

 

For me, they are pretty easy claims to move to exams and/or rating (im not a rater). If I can find SW asia within the time fram and you fall under 3.317- 3/4 of my job is done other than making sure your address, EFT, terms of service, discharge characterization, whatever, is correct-and in your case you are already rated for something else so all that personal info and service verification is already done (other than the boots on ground part, that I have to look for to see where you were on duty for at least 1 day in SW Asia/Gulf). I like these claims- while I don't have much of an effect on the end game other than marking  your medical records for all the instances I can find of diagnosis and treatment, I can move through a lot of them and at least get you to the exam/rating part. I hate that you have the condition(s) but I like being able to at least get you that far. Its not much, but at least I feel like I helped a little getting you to the exam part if one is needed.

Edited June 16, 2020 by brokensoldier244th

[KansasNavy]

Shrekthetank,  I did get a diagnosis back in 2016 by a real stomach Dr.  My PCM told me that yesterday.  I ordered my records from the Navy Hospital (Overseas Okinawa) to confirm all of the information so I would have documentation to submit.  Thanks I will go the presumptive route.  I have seen several topics on here where people have done the presumptive route.

 

Thank you

[ShrekTheTank]

perfect.  So get service connected first then you can fight the Effective date!

[KansasNavy]

 

brokensoldier,

Thank you.  What is 3.317-3/4?  do I have to provide some sort of records showing I was in the Gulf?  They already have my DD-214sf and everything else is current and up to date.  I was there a few times while AD.

Thanks

 

[brokensoldier244th]

38CFR 3.317 - it's the federal statute that defines gulf war presumptive and undiagnosed illnesses. Some good stuff in there. 3/4 was me saying 3/4ths of my job. 

 

Your service records should already be of record- you are already SVC connected for other stuff. Your dd224 should day stuff about awards like gw expeditionary medal, or Kuwait liberation, or whatever. The awards you get for being there, not the awards you get just for being in a unit that went but you didn't go for of stuff. If nothing else whoever works on it will log into PIES and do a records request for personel records or orders, or, if you collected hazard pay or something- that's enough.