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    • I agree, Berta.   But for a NOD I may have gotten a 100% rating as early as 1973.  It is confusing now that you must use a standard NOD form etc.  Back a few years ago vets were being told to file generic NOD so that nothing could be left out of your disagreement with the VA.   The reliance on formal claims and more formal methods to file claims for increase clash with my idea of EED for a claim.  Just like with PTSD diagnosis the VA is making it harder  to get the DX while pretending to make it easier.  New language regarding NOD's and Claims and Appeals is just making it harder for vets. I don't like the concept of the FDC.  I don't believe many vets start with a FDC, but must build the claim as they go and learn.   If I can use new evidence along with a NOD to bolster my argument then that is ideal.  I have always found the C&P exam to be the thing to attack with an IME/IMO right off the bat.  Since most C&P exams I have had at the VA were of very poor quality with the bias towards low balling and denial dripping off the exam doctors lips I have usually resorted to an IME at some point.  If you can add it with your NOD then you are giving the VA something to look at that might sway their feeble minds.  In the last few NOD's I filed I included a request for a DRO Hearing as a matter of course.  This is philosophy of getting a second bite at the apple before you go to the BVA.   I hate trips to the BVA because I do not trust those jokers.  Last time I went to BVA I had a lawyer and I still got shafted.  The judge did not read my lawyers brief.  He just accepted all our facts and evidence and a year later we got a denial.
    • Yea, sounds like bs to me also. If they were investigating, she wouldn't know. I did read an interesting article yesterday though: https://www.washingtonpost.com/news/checkpoint/wp/2016/08/25/how-this-iraq-war-veteran-lied-his-way-to-a-purple-heart-and-750000-in-disability-benefits/?utm_campaign=Early Bird 8.26.16&utm_medium=email&utm_source=Sailthru im not surprised that Uncle Sam is hiring more investigators. There is a significant upswing in fraudulent claims.
    • frankly it sounds like bs to me.
    • And, attached are the redacted docs. Claim Details 8-27-16.pdf Dr Ltr SC for OSA.pdf
    • Hi- My claim was only reevaluated at the 6 year mark when I added a Secondary claim.  I am 59, and only had my rating since 2012 ( I retired in 1997) did not file till 2010.  So I am still a newbie, others may have different experiences.   

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Service-connected Gastritis

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While in vietnam (69-70), I was diagnosed with gastroenteritis and tension headaches. Subsquently, I caught hepititus A in Vietnam. Over another five year period while still on active duty, I was diagnosed on 3 other occasions with gastroenteritis and eventually remote depression. Since active duty in 1977, I've had many bouts of nausea and stomach problems. As recent as 2007 by a private gastro dr., I was diagnosed with evidence of corrosive gastroenteritis, GERD and acid reflux Grade II. Further, I was diagnosed last year by a VA psychologist with major depression. My question is do u think these issues can be construed as service connected because of my military records indicating these diagnosis on different occasions?

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You should formally claim all of these disabilities.

Have you ever filed for any VA claim before?

If not you will need to file out the entire 21-526 form available a the VA web site and try to secure a good veterans rep to help you-we here can take you step by step whether you have a rep or not-

The VA will want a nexus (link) between each disability and your service. Also they will need to see if the disabilities are continuous since service and still require treatment-

It looks to me that you have the inservice nexus in your SMRs as well as current treatment records.

Do you have residual disability from the Hep A?

If so, in my opinion, each of these disabilities should be formally claimed and you can refer the VA in the initial claim to your SMRs where the medical nexus is found.

The date of any retroactive compensation you receive will depend on the date you formally file the claim.

Any statements that your private doctors could make would be highly probative to the claims- such as if the gastro doctor would state that your GERD and related conditions are more then likely related to your inservice manifestations of these problems.

There is a topic here on Getting an Independent Medical Opinion under search and I posted it again here the other day in claims research.

A private doctor's IMO should contain certain speficis-otherwise the VA will reject the opinion.

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