Irritable Bowel Syndrome
You have delivered a great report, as the other reports along this line. Seems the VA, including Regional Offices, have the freedom to either conform/not conform specifically to the Irritable Bowel Syndrome. Guess it's the same with the other "Conditions". Your report(s) seem to realize that there are problems associated with that conflict, at least read that way. I've filed twice and been denied as not associated with the Gulf War. Didn't have it before I left but starting having it while there and to this day. Made to feel like I'm begging. Will just have to live with it I guess. Would be nice if your Committee had the freedom to review some of the claims and how they were adjudicated. Wouild open their eyes.
Jkent, we know what the rules and regulations are it the rater that are not following them. I just now have a vet who was denied for CFS because it was not an undiagnosed illness. This is what I have been telling the CoS and BVACO for some time.
This is what the ones with IBS here is telling you, the rating system is not doing it right!
I have seen many Veterans like your case. You need to keep fighting it. You IBS is a presumptive to the war and you have to tell the RO this in your NOD. It is the poor training that raters are getting that is causing this.
The central office and this report comes up with good ideas, but their ways of getting anything to work has never worked. There are some in the rating field that will not change too.
I have had two doctors say my IBS is likely to be gulfwar syndrome.However IBS and joint and muscle pain were denied.Did give me 30%for headaches and memory loss.don`t get it!
Please review the newly posted information sheet on Gulf War Veterans' Illnesses: Medically Unexplained Chronic Multi-symptom Illnesses
This information and additional links are at:
Harry Yohe commented
It is definitely due to service in the gulf but try getting the VA to support that. I have been battling since 1991 and the VA continues to say it is due to stress. Hell yes, stress of having served in the gulf and stress of having to fight the VA. WE VET'S DESERVE BETTER from our government and the VA.
Yes your Irritable Bowel Syndrome has a presumptive of service connection due to your service in the Gulf War under section 3.317 of CFR 38 as long as it has been diagnosed by a Doctor your claim for it should not have been denied.
One of the common errors I have seen made by the regional offices, due to their poor training on these presumptive connections, is that they asked the examiner to state if a presumptive of service connection is related to your service in the war. As a presumptive of service connection this cannot be asked, as by the definition the presumptive of service connection means that are already is presumed to be related to your service in the war.
The regulation on a presumptive of service connection is very clear as to when service connection would not be granted. It does not allow for a physician to state whether or not it is least likely are not that the connection is related to your service as most rating specialists are asking the examiner to do with the undiagnosed illness claims. The presumptive of service connection already states that it is presumed to be related to your service. And for the rating specialist to ask otherwise violates this part of the regulation and the only way for you not to receive the presumptive of service connection would be if one did not meet the presumption through the means as outlined in the regulation. None of them are for the examiner to state if your illness is related to your service.
The regulation is very clear that all of the connections listed for undiagnosed illnesses are presumed to have been caused by your service in the war unless due to diagnosed connections not listed within section 3.317of the CFR that governs undiagnosed illnesses or if due to willful misconduct. The adjudicator is wrong in requiring Doctor to make a determination that would overrule the regulation on the presumptiveness for service connection for your irritable bowel syndrome. I have seen this in other claims for veterans chronic fatigue syndrome and fibromyalgia along with veterans who have filed claims for the symptoms for undiagnosed illnesses.
Your comment show exactly how poorly trained rating specialists are and that the training letters the VA sent out to the regional offices did work. The rating specialists, adjudicators and the examiners are so overworked due to the backlog they do not have time to read these letters so they are ignored. Only appropriate mandatory training will solve the problems like yours and those of the thousands of other claims that have been denied like yours.
I had a call from veterans whose claims for their skin rashes are denied due to the fact that the skin rashes have not been diagnosed. This is not the only claim. This is just one example for I get hundred of calls and e-mails, along with working the social networks and different websites helping veterans. I could have just as easily inserted joint pains, muscle pains, fatigue or chronic diarrhea in the place of the rashes. I also see the same thing with claims being denied stating that the illness did not start when the veteran was still in the service. The rating specialist not understanding just what presumptive of service connection due to your service in the Gulf War under section 3.317 is about.
I have seen some claims where the raters stated the that the veteran’s chronic fatigue syndrome or fibromyalgia is a diagnosed connection and thus cannot be claimed under section 3.317. Once again showing just how poorly the trained these rating specialists are when it comes to these claims.
The worst regional offices are in the states of Arizona followed by Florida and then Michigan.
Shaun Orris commented