Our VA disability attorneys guide veterans with service-connected IBS on how to appeal denied claims or increase their ratings for benefits.
Summary
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 veteranโs 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.
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.
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.ย While IBS can manifest differently from person to person, some of the most common signs and symptoms of the disorder include:
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.
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:
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.
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:
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.
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:
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.
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.ย For instance, if a veteranโs 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 personโs 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.
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.ย 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 Veteransโ 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.
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 usย at (855) 239-9213ย or submit an online contact form to set your free consultation.
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 canโt attribute it to a clear physical issue visible on medical imaging. Instead, they must make a diagnosis based on the vetโs 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.
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 veteranโs disability level.
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.
Letโs 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 donโt 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%.