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dlsorensen

Seaman
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About dlsorensen

Previous Fields

  • Service Connected Disability
    40
  • Branch of Service
    Marines

dlsorensen's Achievements

  1. And if I worked at the RO I would all ready be about 125% like they all are :) I understand that you wrote this as an (poor) attempt at humor. Your right, probably not the best attempt at humor. But I seriously have not met a VRO from my regional office who is a veteran who is less than 50% S/C. Does not mean they are not out there, just I have never met one. I would just like one of them to look at my record and do the right thing like they had wanted done with theirs.
  2. Actually it is not at my local RO here in Sioux Falls, I had to travel all the way to Minneapolis and my file is in St. Paul. Don't want a sense of impropriety I guess because they think I may know the doctor here and he might talk to the VRO or something! But you are right about the special people. And if I worked at the RO I would all ready be about 125% like they all are :) Just saying...
  3. jvretiredvet : Not an RO employee though. I actually work on the health care side of the hospital. Your right about the disadvantage though! I will file the appeal and ask that I be rated correctly with my listed condition. I have been working on my own case since August of 2008 and in the last year have had to get congressional help with my filings and the Regional Office in St. Paul, MN. Most recent was a letter I got last night with forms for PTSD they said needed to be filed. Sorry, did that back in October and all ready had the psych exams during my last C&P in November. The aide from the Senators office also thought it was wrong since she knew I sent them back the papers all ready in order to get the appointment!
  4. I appreciate all of the replies so far. Here is the deal. I am a VA employee and work in eligibility so I know my rating code is listed as 7346 - Hiatal Hernia. I know that my very first letter from the RO stated: "Service connection for irritable bowel syndrome (claimed as stomach condition) is granted with an evaluation of 0 percent effective July 20,2009." I filed a NOD and they came back with the decision that I posted below verbatim from my letter and gave me an increase to 10%. I have always claimed IBS and have never made a mention of Hiatal Hernia or GERD. The doctor put me on Omeprazole prior to my gall bladder removal and I didnt need it then and dont need it now as I dont have acid reflux/gerd and never claimed to. I feel that they rated me under the wrong code as Carlie stated earlier. There is a code for IBS (7319). The decision letters all state that my claim is for IBS. It is very easy for me to meet the 30% requirement under 7319 as I have constant distress of my stomach which is why I take the dicyclomine 4 times a day and it is all ready noted in the letter that I have 4 to 5 loose stools. The 30% requirement for 7346 is much more stringent (even though at my last C&P appointment I did try to bring up the fact that I do now have pain in my right arm and shoulder related to the IBS, but she did not want to hear it). So I feel that rating me under 7346 for an analogous condition is wrong and limits me from getting the 30% and I should be listed under 7319 which is what I have been diagnosed with and what is in all of my records. Thanks again for all of the assistance, I look forward to more responses.
  5. Evaluation of irritable bowel syndrome (claimed as stomach condition) currently evaluated as 0 percent disabling. Rating decision dated November 1, 2010, granted service-connection for this condition at a non-compensable level. The medical evidence indicates chronic abdominal distress with dull aching non radiating aching which has been present for several years. The consult dated November 20, 2008 notes three to four stools per day which are of loose consistency. The examiner specifiacally noted no cramping but did indicate urgency with the stools. There is no blood and Crohn's disease has been ruled out. There is no bloating or distension. Weight has been stable. Treatment reports show 157 pounds on December 20,2008 and February 16, 2009, 155 pounds on September 27, 2009 and 153 pounds on October 14, 2010. You are using Omeprazole daily. The evaluation of irritable bowel syndrome (claimed as stomach condition) is increased to 10 percent disabling effective July 14, 2009. An evaluation of 10 percent is assigned from July 14, 2009, the date of receipt of your claim which has remained continuously open due to your appeal and received more than one year following separation from active military service. An evaluation of 10 percent is assigned if there are two or more of the following symptoms: epigastric distress, dysphagia, pyrosis, regurgitation, or substernal or arm or shoulder pain. A higher evaluation of 30 percent is not warranted unless the record shows persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain which is productive of considerable impairment of health. The evidence of record does not show the symptoms warranting the higher evaluation. Therefore, the 10 percent evaluation is warranted. This disability is not specifically listed in the rating schedule; therefore , it is rated analogous to a disability in which not only the functions affected, but anatomical localization and symptoms, are closely related. This decision is considered a partial grant of benefits sought on appeal
  6. I filed an original claim for IBS in August of 2008. I was initially given a 0% for 7346 (Hiatal Hernia). I then filed a NOD as I thought I warranted the 30% (daily medication, diarrhea ,substernal arm pain) amount for that rating. The VA came back with a 10%. I appealed this rating in November of last year along with claiming Tinnitus and Sinusitis. My rating just came back Monday with 10% for Tinnitus and 30% for Sinusitus, but no increase in my IBS. My question is this: I feel that I would be better suited to be rated under 7319 for IBS as I easily meet the 30% rating requirements (Take dicyclomine for stomach cramps 4 times a day and have 4 to 5 episodes of diarrhea daily). Can I file a NOD asking that my rating be switched from 7346, which according to the most recent CFR is still Hiatal Hernia to 7319 Irritable Colon with an increase to 30%?
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