IBS VA Rating: Appealing a Irritable Bowel Syndrome Denial
Our VA disability attorneys guide veterans with service-connected IBS on how to appeal denied claims or increase their ratings for benefits.
Summary
- Veterans with Irritable Bowel Syndrome (IBS) related to their military service can qualify for VA disability benefits to offset its impact on their daily lives, including work, social relationships, and physical health.
- Typical IBS symptoms include pain, diarrhea, constipation, gas, bloating, and food intolerances, all of which can significantly affect veterans’ lives.
- VA disability ratings for IBS range from 0% to 30%, depending on symptom severity. There is also a new 20% rating option added in 2024 for moderate cases.
- Veterans need to show a diagnosis of IBS, evidence of an in-service incident, and a medical nexus linking the condition to military service to qualify for benefits.
- If the VA denies benefits to a veteran with a VA IBS rating, they can appeal through supplemental claims, higher-level reviews, or the Board of Veterans’ Appeals.
Service-related Irritable Bowel Syndrome (IBS) is a disruptive feature in the lives of many veterans. In addition to the pain and inconvenience of IBS symptoms, this condition can impact a veteran’s diet, sleep patterns, employment, and mental health.
VetLaw regularly handles VA digestive claims involving gastrointestinal conditions like IBS. We understand how to deal with the VA and maximize disability benefits for veterans. Give us a call at (855) 239-9213 to schedule a free consultation or submit an online contact form today.
Understanding Your VA Disability Rating for IBS: What You Need to Know
It is common for veterans to experience digestive-system-related issues as a result of their time in the military. IBS is one of the most common physical conditions among veterans, which can affect the way a person works, engages with friends and family, and completes daily activities.
Recognizing the impact of IBS on the lives of so many veterans, IBS VA disability benefits are available to individuals who struggle with this condition. Unfortunately, navigating the VA process and securing a compensable IBS VA rating can be stressful and overwhelming.
VetLaw was founded to guide United States veterans and their families in securing VA disability benefits. We act as trusted advisors, skilled advocates, and diligent litigators for our clients, fighting for the rights of veterans at every step of the process. To learn more about how our team can help, consider contacting us today.
What Are the Signs and Symptoms of IBS?
Irritable bowel syndrome, more commonly referred to as IBS, is a long-term condition that affects the stomach and gastrointestinal tract. Research on IBS rates indicates that IBS impacts between 6% and 18% of the population worldwide, highlighting the prevalence of this disorder.
Since IBS is chronic, this condition does not have a cure and individuals who struggle with IBS must learn to cope with the symptoms. While IBS can manifest differently from person to person, some of the most common signs and symptoms of the disorder include:
- Pain and cramping
- Diarrhea
- Constipation
- Changes in bowel movements
- Gas and bloating
- Intolerance of certain foods
- Tiredness and difficulty sleeping
Genetics, emotional distress and anxiety, food intolerance, sexual or physical assault, and serious infections in the digestive tract can all put a person at risk for developing IBS. Many individuals who struggle with IBS report experiencing low stamina that limits their physical exertion in work, leisure, and social relationships.
Does the VA Consider IBS to Be a Disability?
The VA does recognize IBS as a disability. The symptoms of IBS can be severe and difficult to predict, leading to interferences in work, your social life, and daily activities. This can easily impact your quality of life, and the VA recognizes this.
To qualify for IBS VA disability benefits, you must prove that:
- You were diagnosed with IBS by a medical professional
- An in-service incident, injury, or illness occurred
- There is a medical nexus, or connection, between your diagnosis and the in-service incident, injury, or illness
The VA recognizes the connection between irritable bowel syndrome and other diagnosed and undiagnosed functional gastrointestinal disorders and military service for POWs and veterans of the Gulf War. IBS is a Gulf War presumptive service condition, which streamlines the application process for these veterans.
Vets who were POWs for a minimum of 30 days or served in the Southwest Asia Theater of Operations during the Gulf War to the present time may bypass the medical nexus requirement. This means these vets don’t need to prove their IBS or other functional gastrointestinal disorders were directly caused by their time in the armed forces.
What Is the VA Disability Rating for IBS?
According to the VA Schedule of Ratings for the digestive system, IBS is categorized under the listing for irritable colon syndrome, spastic colitis, and mucous colitis. The evaluation of IBS VA ratings is as follows:
- 0% rating for individuals with mild symptoms like minor disturbances in bowel function or occasional abdominal stress. This is a non-compensable rating.
- 20% rating for vets who suffer from significant symptoms. In addition to at least three instances of painful defecation per month over the last three months, the individual experiences multiple other IBS symptoms, such as loose stool and urgent bowel movements.
- 10% rating for veterans who experience moderate symptoms such as frequent bowel disturbances or abdominal stress. Examples of bowel disturbances include diarrhea, severe gas, or bloating.
- 30% rating for people who suffered from severe symptoms on a weekly basis in the past three months. Alternating diarrhea and constipation, consistent diarrhea, and constant abdominal stress are all considered severe symptoms under this rating.
IBS can be severe at times and entirely disappear at other moments, so it is important to clearly document the severity of your symptoms and the frequency of your IBS episodes. This information will become important when establishing service connection or increasing your IBS VA rating.
How Do You Prove IBS for VA Disability?
All other individuals aside from POWs and Gulf War veterans must prove that their IBS was caused by or aggravated by their military service. There are a variety of strategies that can be used to prove this connection, including:
- Medical records that show that the veteran received treatment for IBS during active duty or after leaving the service.
- Service records demonstrating that the veteran experienced incidents during their service that caused them to function poorly.
- Buddy statements from other service members who can serve as witnesses to the claims.
- Statements from medical experts to provide evidence that the veteran suffers from IBS symptoms, which can help prove that the condition is legitimate.
Providing as much evidence as possible is essential to verify the link between your military service and your condition. The VA will holistically consider all of the documents you provide when determining your IBS VA rating. Then, it will decide whether to approve or deny your claim for disability benefits.
What If You Have IBS and GERD?
It is important to note that the VA will not give two separate ratings for IBS and GERD. This is largely due to the fact that both conditions share common symptoms and affect the digestive system in similar ways. It is still possible to file claims for both IBS and GERD, however.
The VA will evaluate both claims and assign a final disability rating based on whichever condition is more severe. For instance, if a veteran’s GERD VA rating is 60% but their IBS VA rating is evaluated at 30%, the VA will grant a total rating of 60%.
In other situations, the VA may assess a person’s symptoms holistically and assign a rating under one digestive system-related condition. An example of this would be if the VA granted a 30% disability rating for IBS with GERD symptoms.
What If the VA Denies Your Claim for IBS?
If the VA denies your claim for IBS, you have options to appeal the denial and continue your case at other levels of the VA process. Seeking assistance from a knowledgeable attorney is wise, as your lawyer will understand which appeal option is right for you.
Depending on the circumstances of your case, your attorney may recommend submitting a Supplemental Claim to include new or relevant evidence in your claim. On the other hand, if an additional opinion would alter the decision made by the VA, they must suggest requesting a Higher-Level Review.
Finally, an experienced attorney may advise appealing with the Board of Veterans’ Appeals. At this level, you can choose to include additional evidence to support your case, ask for a direct review, or request a hearing with a judge.
Ultimately, each claim is unique. Therefore, you need a tailored legal strategy to win your case and successfully secure IBS VA disability benefits.
Fight Back on Your IBS Claim Denial with VetLaw
Being denied IBS VA disability benefits should not discourage you from continuing your case and fighting for your rights. At VetLaw, we advocate for disabled veterans at every step of the VA disability claims process.
Drawing on our prior experience as VA attorneys and skilled litigators, we are committed to protecting the rights of veterans. Our team expresses this by assisting our clients and their families in securing VA disability benefits.
To begin strategizing your case today, consider scheduling a free case review with our team today. You can call us at (855) 239-9213 or submit an online contact form to set your free consultation.
Frequently Asked Questions
How is IBS different from Inflammatory Bowel Disease (IBD)?
While veterans are susceptible to both IBS and IBD as a result of their military service, these digestive conditions are distinct from one another. Irritable Bowel Syndrome is a functional gastrointestinal disorder.
This means providers can’t attribute it to a clear physical issue visible on medical imaging. Instead, they must make a diagnosis based on the vet’s symptoms. With IBD, a medical provider can make a diagnosis based on imaging of inflammation of the gastrointestinal tract.
Generally, Inflammatory Bowel Disease symptoms are more severe, and may include fever or bleeding. In-service toxic exposure is a possible cause of both IBS and IBD in veterans.
How did the updated schedule for digestive conditions change the VA rating system for IBS?
In 2024, the VA added a new level to the rating schedule for Irritable Bowel Syndrome. Now, veterans can receive compensation for a 20% VA rating for IBS, as well as a 10% or 30% rating. Adding a level between 10% and 30% allows for a more accurate and fair assessment of a veteran’s disability level.
If the VA denied my IBS disability claim under the old rating schedule, do I have to appeal to increase my rating?
Yes, if the VA denied your IBS claim before May 19th, 2024, you need to appeal if you believe you qualify for a higher rating. For pending digestive condition claims, the VA applied (or will apply) the rating schedule that results in the higher level of benefits for the veteran.
Let’s say you are a veteran with service-related IBS. Your symptoms are more severe than what the VA describes at a 10% rating. However, the VA denies you benefits at the 30% rate because your IBS symptoms don’t meet the criteria.
Prior to the updated digestive conditions rating schedule, you would have been stuck at the 10% compensation level unless your symptoms worsened significantly. Now, you can file an appeal to increase your IBS VA rating to 20%.
