ArNG11

Don't be surprised that these types of claims will be denied and buried for as long as possible. Curious have you been able to get a FOIA request recently, all mine have been tied up or declined. JP4 was used extensively during the secret squirrel societies birds were up in the air. I can guarantee you these health hazards were not made adamantly made aware to all maintenance personnel. They just weren't. You were just ordered to do it and work in and around it. Do you know how many claims this would open up. I dare say almost as much as the burn pits will inevitably open up. Jet fuel was the main accelerant used in those fires and blazes besides all the other chemicals in those pits. Heh what did you guys use for protection, white cotton coveralls? Or did they give you the excuse that gortex coveralls would cause static discharges in the tanks, and where way too expensive to provide? Don't mean to rant, this topic is very dear to me as it nearly did me in a couple of recent times.?

I think I responded here: Thats how they have done it with my decision and others? There is a separate code that with GERD, IBS, ICS can be rated separately without pyramiding. I have been looking into some CAVC cases on it. §4.113 Coexisting abdominal conditions. There are diseases of the digestive system, particularly within the abdomen, which, while differing in the site of pathology, produce a common disability picture characterized in the main by varying degrees of abdominal distress or pain, anemia and disturbances in nutrition. Consequently, certain coexisting diseases in this area, as indicated in the instruction under the title “Diseases of the Digestive System,” do not lend themselves to distinct and separate disability evaluations without violating the fundamental principle relating to pyramiding as outlined in §4.14. Back to Top §4.114 Schedule of ratings—digestive system. Ratings under diagnostic codes 7301 to 7329, inclusive, 7331, 7342, and 7345 to 7348 inclusive will not be combined with each other. A single evaluation will be assigned under the diagnostic code which reflects the predominant disability picture, with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation. 7346 Hernia hiatal: Symptoms of pain, vomiting, material weight loss and hematemesis or melena with moderate anemia; or other symptom combinations productive of severe impairment of health 60 Persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain, productive of considerable impairment of health 30 With two or more of the symptoms for the 30 percent evaluation of less severity 10 and 7319 Irritable colon syndrome (spastic colitis, mucous colitis, etc.): Severe; diarrhea, or alternating diarrhea and constipation, with more or less constant abdominal distress 30 Moderate; frequent episodes of bowel disturbance with abdominal distress 10 Mild; disturbances of bowel function with occasional episodes of abdominal distress 0 This is my argument in my claim for the digestive problems then add in the Nissen fundiplication repair but again I may be reading to much into the regs. The difference in my claim is that my private docs records indicate moderate problems where as the the VA raters and VA docs state mild

In any case I should probably split this post from my initial though as I am going into different topics. Apologies. Thanks for the positive vibes though. I'll try to post the latter of this post under the GERD topic.

I was arguing this with my former attorney and he stated that it was pyramiding but I argued against as it doesn't necessarily mean that. One can be rated at 0 and the other can be rated according to symptoms and severity. Again this is just my opinion from what I have read and understand from eCFR and some CAVC I've been researching.

Thats how they have done it with my decision and others? There is a separate code that with GERD, IBS, ICS can be rated separately without pyramiding. I have been looking into some CAVC cases on it. §4.113 Coexisting abdominal conditions. There are diseases of the digestive system, particularly within the abdomen, which, while differing in the site of pathology, produce a common disability picture characterized in the main by varying degrees of abdominal distress or pain, anemia and disturbances in nutrition. Consequently, certain coexisting diseases in this area, as indicated in the instruction under the title “Diseases of the Digestive System,” do not lend themselves to distinct and separate disability evaluations without violating the fundamental principle relating to pyramiding as outlined in §4.14. Back to Top §4.114 Schedule of ratings—digestive system. Ratings under diagnostic codes 7301 to 7329, inclusive, 7331, 7342, and 7345 to 7348 inclusive will not be combined with each other. A single evaluation will be assigned under the diagnostic code which reflects the predominant disability picture, with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation. 7346 Hernia hiatal: Symptoms of pain, vomiting, material weight loss and hematemesis or melena with moderate anemia; or other symptom combinations productive of severe impairment of health 60 Persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain, productive of considerable impairment of health 30 With two or more of the symptoms for the 30 percent evaluation of less severity 10 and 7319 Irritable colon syndrome (spastic colitis, mucous colitis, etc.): Severe; diarrhea, or alternating diarrhea and constipation, with more or less constant abdominal distress 30 Moderate; frequent episodes of bowel disturbance with abdominal distress 10 Mild; disturbances of bowel function with occasional episodes of abdominal distress 0 This is my argument in my claim for the digestive problems then add in the Nissen fundiplication repair but again I may be reading to much into the regs. The difference in my claim is that my private docs records indicate moderate problems where as the the VA raters and VA docs state mild.

I was referring to my IBS/GERD rating, it should have been at 10% for each and 30% when I had to get the surgical repair. Is that what you were referring to?

Yup the local honey has benefits and is better for you. I think the tea that has worked for me in the past is a bedtime tea with chamomile, I'll have to look it again as I'm out currently. There was also an Earl Grey one that was pretty good as well. They do help, so does trying to quite your mind, personally I always have trouble with that one. You're probably hitting it right on though, the stress of this process gets to a person after a while.

Thanks Buck that means something. Really it does. I believe in time with the apnea and hips connected and the correct ratings on my other service connected issues I can be successful if there is such a thing in this the " VA Disability Process" The whole process though can be very daunting and exhausting. The VA Comp side doesn't acknowledge that I use a CPAP or that I have ratable digestive issues, although humorous, is that the VA med side of the house supplied the parts, water chamber, hoses and filters for the machine. With IBS, they combined it with the GERD and hiatal hernia, that in time will go in my favor, however, it is a long tennis match let me tell ya. What I still suggest and rely heavily on in my claims is that it is obvious to the lay person that my denials and low ball ratings are purposely the attempt of the VA comp system to "DENY and LOWBALL at ALL COSTS" Evidence is what will win, and the VA's Comp deliberate attempts to shoot down a valid claim will be their undoing. I sincerely hope things will change for the better. It is not a good fight unless it's a long one huh. I'm long winded but as long as I can do it I will pass on what I learn. I also will keep giving thanks to the folks that have paved the road for all Veterans to get fair justice. " slow is smooth, smooth is fast"

Incidentally, there was a medication, or rather a supplement that my private gastro doc had me try. I believed it was called Enteragam. Might be worth a look see. When I was given samples that medication worked. Keep in mind different people's inert workings and other medications do have their role to play. Could always ask to go the Mobi-prep route, which to me sounds worrisome to say the least. I have been doing real well with splitting the sennaca dose in half through out the day. Still I watch my fiber and probiotic intake. Just have to go with what works with your body chemistry and especially under the advice of the gastro specialist. JMO

Wow. But funny. Give new meaning to that phrase.

You folks this is a bad one to get and in my experience is sort of a good thing but it does take management and change of diet that is for sure. Usually I have the other problems when I have to b line it to the stall. It seems for the most part once you get the diet and timing down you are good to go, however, DO NOT let this become a problem. Obviously painful but can lead to serious, threatening issues. Have any of you folks had luck with a specific diet or cocktail of meds. I take a combo of fiber, stool softeners, and diet modifications along with a specific formula of water intake and diet when my medication and pain fluctuate. At times it can be a booger to get the right treatment going. If I may, Movantik, I haven't dealt with this one specifically. How has it been working for you rpowell?

Thanks folks. Not surprising I still have not received my decision packet. I am not sure as to why exactly, but everyone knows how the VA comp side seems to forget addresses at ill opportune times. I have never waited this long to receive the "white or brown" envelope. Funny though I am expecting a forwarded piece of mail at this point. Seems the system never has a correct address on you when you are expecting something important, however, I will be patient. It has only been two weeks. Hope in the meantime folks keep getting good news. Stay in the fight. "fight till your last breath"

I know it is not funny about the choke hold, but I don't blame you, makes me wonder if those jokers will back off doing things like that. Despicable is a word that comes to mind when they try to provoke an action or reaction. I agree that those childhood issues are off limits. When you joined you went through all the testing necessary and were given the A okay for duty. Meaning you had nothing wrong with you when you went in unless it was documented. You are considered sound and able bodied, no defects. In my case my coding or rated issue went from Depression and Anxiety to Adjustment disorder to Major Depressive Disorder, PTSD, Anxiety, Mixed Depression with anxiety. Don't matter what they call it, as long as it's ratable and service connected. Oh and matches your symptoms. Talon is right on the money. Don't worry about that part.

I haven't tried that rpowell. But I am on the 15mcg butrans patch. I'm allowed up 50 mg of Percocet. Though my private doctor warned the same. If a panic attack is ensuing replace one the doses of Percocet for a Xanax. Some of the herbal teas have helped, but I still do take the sleep aids when it is bad. Im sure you have probably tried but have you tried breathing and relaxation techniques while on either of the two? That approach has worked most times for me. JMO

Berta, If I am not mistaken CUE don't have an expiration date correct, however, the alleged CUE must follow the laws and regulations at the time of the alleged CUE correct? Or am I mistaken?

Gastone you pretty much nailed it on the head. As myself and others have said, no one is going to care more about your claim than yourself. This system is corrupt and brutal and relying on patrons that sleep with the enemy, well, that is just not smart. Use the VSO as tools and maybe some guidance, however, if they are the reasons for the delay, reasons for your evidence not being filed and turned in, then who is blame. "My claim, My responsibility..." Before anyone gets their undergarments in a ruffle as I mean no offense, I speak from my experiences as I found mistakes and overlooked regulations, and misguidance from VSO's and well known attorneys. I checked up on them and I got into the books myself. I looked at my evidence, looked at the regulations, and laws and I sought after what I could prove, what I had records for, and what the law,regs, and medical evidence could be used to reenforce and justify my claims. Buck and Gastone are absolutely correct, it is up to you to do the heavy lifting. JMO

Yes I have had DRO hearings. One was a partial grant the rest went onwards. The last DRO hearing was somewhat fruitful as well, I can't deny that. The ratings on my knees were bumped up but everything else went onwards.

Wonder how long before the VA tries to make the "GO CUE YOURSELF" not a possibility? Use this tactic when necessary, but only then. The VA has had the upper hand for far too long. Knowledge is definitely xpowerful.

Yeah I've met a few of those. It's all the more satisfying when you win something that a law dog said was not possible. If it has merit and you have the three tier package for service connection fight it. JMO

Hang tough Marine, see it through. You still have the fighting spirit.

Seems like "we" are getting things changed. Congrats on the wins and keep fighting for what you are entitled to and earned. Rock on!

Yeah unfortunately that's the drawback, however from what you wrote it sounds great. Way to go hang in there and get r done.

I am real sorry to hear that happened to you. There is no excuse for that behavior. This is just me and ultimately totally up to you in your ball park. I would try to escalate the situation, maybe even go to the media, however, since your time is limited be decisive on how you spend your allotted time here. I am all in for a fight, not going to give in, but spend as much time with your loved ones, make what time you are given count. In retrospect that is the most important thing. This is just my opinion and please don't be offended as that is not my intent. My upmost due regard to you and your family. Take care and good luck.