Esophageal Stricture Secondary to SC GERD

[NODAppealSecondary]

Filed a claim for Esophageal Stricture (DC 7203) Secondary to SC GERD.  Below is result of C&P Exam.  Seems pretty straight forward.  VSRO asks if Stricture is at least as likely as not due to GERD. Examiner responds in the affirmative.  Decision letter mentions nothing about esophageal stricture and continues disability rating for GERD for 30%.  Viewed many BVA decisions where 7203 can be rated separately and is not considered pyramiding.  Filed for Stricture Secondary to GERD after recent EGD Exam diagnosed me with Schatzki ring and Eosinophilic Esophagitis.  Both of which cause narrowing of the esophagus.

 

MMEDICAL OPINION SUMMARY

-----------------------

DBQ GI Esophageal (including GERD & hiatal hernia):

TYPE OF MEDICAL OPINION REQUESTED: Secondary Service connection.

The Veteran's esophageal condition is at least as likely as not (50 percent or greater probability) proximately due to or the result of

GERD, currently rated as hiatal hernia.

RATIONALE: EGD Report dated 9/8/17 supports esophagitis which has been

linked to chronic reflux of GERD/hiatal hernia. Veteran has no other documented condition to which it could be related.

supplemental data:  https://my.clevelandclinic.org/health/articles/hiatal-hernia

RESTATEMENT OF REQUESTED OPINION:

a. Opinion from general remarks: DBQ GI Esophageal (including GERD & hiatal hernia):

TYPE OF MEDICAL OPINION REQUESTED: Secondary Service connection.

Is the Veteran's esophageal condition, stricture at least as likely as not (50 percent or greater probability) proximately due to or the result of GERD?

POTENTIALLY RELEVANT INFORMATION:

TAB A: Bedford VAMC Treatment Records, 02/06/2013 to present

TAB B: EGD Report

b. Indicate type of exam for which opinion has been requested: GI

TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR SECONDARY SERVICE

CONNECTION ]

a. The condition claimed is at least as likely as not (50% or greater

probability) proximately due to or the result of the Veteran's service connected condition.

c. Rationale: Recent EGD with biopsies supports esophagitis which is mediaclly accepted as having a link to hiatal hernia.

TYPE OF MEDICAL OPINION PROVIDED: [ OPINION REGARDING CONFLICTING MEDICAL EVIDENCE ]

I have reviewed the conflicting medical evidence and am providing the following opinion: The Veteran's esophageal condition is at least as

likely as not (50 percent or greater probability) proximately due to or the result of GERD, currently rated as hiatal hernia.

Edited December 14, 2017 by NODAppealSecondary
Attach files

[Berta]

" Decision letter mentions nothing about esophageal stricture and continues disability rating for GERD for 30%.  "

This vet got a higher rating  at the BVA for GERD because of the esohageal stricture involvement:

https://www.va.gov/vetapp17/files7/1738844.txt

This claim shows award for esophageal stricture separate from the veteran's rating for hiatal hernia:

https://www.va.gov/vetapp17/files7/1742769.txt

I suggest you use my search link at the BVA to find any more recent decisions, that might provie mor info on how the VA should rate this condition.

https://www.index.va.gov/search/va/bva_search.jsp?QT=Esophageal+Stricture+(DC+7203)&EW=rating&AT=&ET=&RPP=10&DB=2017&DB=2016

BUT "Decision letter mentions nothing about esophageal stricture and continues disability rating for GERD for 30%"

This certainly looks like a CUE, under 38 CFR 4.6.

Can you scan and attach their decision here? ( No need to attach the regulations)

And the Evidence list they used?

Cover C file # , name, prior to scanning it .

After we see the decision and Evidence list- and if it warrants a CUE claim, you can file that claim immediately and we can help you word it.

38 CFR  4.6 is a powerful regulation , we can use against them :

In part:

"Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law. “ 38 CFR 4.6

Even if the esophageal condition would not warrant a ratable condition- ( then they still should have mentioned it because, you can appeal that type of a deision)

it still does not diminish the power of 38 CFR 4.6.

A C & P exam result is Probative evidence!

We have a lajor wind storm condition today-that is affecting my satelitte dish---if I cannot respond to,when you post the4 decision, MANY here should be able to write a very short and sweet CUE for you, to send to them Immediately .

(Personally I would send it to IRIS as well as a complaint-as well as to your VARO - that has worked for me in the past for a very fast run around....see my posts on Getting the VA to CUE itself with the appeal period- otherwise this type of situation would

set up many claimants for the long appeal process,if they dont get the legal error fixed right away .

 

Edited December 13, 2017 by Berta

[Berta]

gee I meant not 'run around', I meant fast turn around a.k.a. - they fixed the error and made the award

[NODAppealSecondary]

I Don't seem to have expanded menu bar which would allow me to attach file.  Any Ideas?

[Berta]

Probably because you are a new user......????

Are you missing the paper clip doo dad at the bottom left of the reply box?

I think you could always scan and save the decision and then just copy and paste it here.

Others will chime in...

[NODAppealSecondary]

No paper clip, can't copy and paste as image and can't select text on scanned image to copy and paste.  Maybe I'll just retype.

[Buck52]

NOD

PM Tbird she can look at your page see whats going on

 and fix the problem.