IBS increase

[grayling12]

When I originally filed for Gulf War Presumptive IBS, they awarded me 0% because my Dr. didn't note any complaints about pain and discomfort. They realized that they made a mistake by giving me 0% instead of 10% because of gulf war presumptive but decided to let it stand at 0%.

I'm preparing to file for an increase so I recently requested my Dr. treatment notes. For the last year and a half I have complained of near constant abdominal pain and discomfort every time I saw my Dr., even if I was their to talk about an ingrown toenail. I asked her to include this in my treatment notes every time. I haven't seen my treatment notes yet, I'm still waiting for them.

My question is, will they base my increase on the treatment notes alone, or will I have to show lost time from work as well? Is there anything else I should include to help win the increase. I believe my records and treatment should support a 30% rating.  Thanks.

[Dustoff1970]

Since they did service connect you for IBS this is a good solid beginning and the treatment notes can be very important to supporting for an increase.   Maybe you can obtain from the doctor an opinion statement from him or her as to the severity of your IBS and his/her opinion on  possible adverse impact on your ability to work.  Your own statements as to the adverse impact of your IBS on your ability to work and daily life routine  is also important in combination with all the other medical and/or non medical evidence to support your claim.  

You should do a google search and search this forum for the actual VA 38 CFR regulation schedule of ratings for IBS to know the different symptoms associated with a 10% and 30%, etc. rating.  This is important for you to know when filing for an increase.  Maybe you can find an experienced and motivated VSO at a VA regional office or VA hospital to assist you with your increase claim.  Good luck going forward.  

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

[pacmanx1]

There is a lot going on here, it shows that you are rated at 90%. If you cannot work due to your service-connected disabilities, then you should file for TDIU. Keep in mind that TDIU is for veterans that can’t work due to their disabilities and not for veterans that can’t find a job. With that said, the maximum rating for Service-connected IBS is 30%. Your treatment notes and missed work records should help. You should be able to go to Home - My HealtheVet (va.gov) and the blue button to pull up your treatment notes.

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; disturbance of bowel function with occasional episodes of abdominal distress 0%.

[El Train]

Supposedly you need to be at a minimum 10% symptoms to get rated a presumptive, so maybe they did make a mistake.  I got 0% too, but they direct service connected me for some reason; even though I filed it under GW presumptive.  So maybe that's why I got the 0%.  There is no documentation or complaints in my service records.  I'd fight it for the higher rating (and win) if I wasn't 100% P&T/SMC-S.  0% is still service connected and I do get treatment for it.

You're at 90%, so that fight is a no brainer.