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About Justaskpat

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    E-4 Petty Officer 3rd Class

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    CWO4, Retired, 30 years

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  1. Thanks @broncovet. I see your point and it makes sense. and Thanks for the below information. I've had some health issues come up, so I have to hold off on submitting anything for now that might get me a C&P exam. I start daily radiation treatments soon and from what I understand, if you miss one it messes everything up. I'll get back to all this sometime in March. Again, thank you for the valuable input.
  2. Thanks RBrogen! I'm looking forward to reading your response.
  3. Getting ready to submit this CUE for "Residuals, Left Hand Fracture". It was denied SC in 2011 basically due to X-rays taken in service and at C&P showing "no fracture". In going over my STRs, I found where Medical took an X-ray and I was referred to an Orthopedic Specialist. Medical did not read the X-ray when it was taken. When I saw the Ortho a few days later, he evidently saw the fracture on the X-ray and notated "Fracture of the... has healed". I had no functional impairment from the fracture at the time of the C&P. I have now developed RA at each end of the bone that was fractured. It will be interesting to see if when two different diagnoses are made, "the tie goes to the veteran" will be applied in my case. CUE RESIDUALS LEFT HAND FRACTURE 2011.pdf
  4. I look at other CUEs, especially the one done by @RBrogen pointed out to me by @GeekySquid, for guidance in how to prepare my CUEs. The problem with my 2 most important CUEs (not yet submitted to the VA) is a weird problem. In both, the GERD/IBS one posted here, and the Anxiety one (not yet posted here) is that the Decision contradicts itself and also contradicts the C&P report, not to mention ignoring evidence in my STRs. In this GERD/IBS CUE, I pointed to these discrepancies as clearly as possible, but it still seems a bit confusing when I read through it. @RBrogen if you have time to take a peek at my CUE, any comments you might have would be greatly appreciated as well. I haven't seen any other CUEs where the decision contradicts itself and contradicts the C&P as well. @GeekySquid had mentioned something to me about when the Rater substitutes his own opinion for that of the Examiner's it's a no-no, but never got back to explain what he was thinking and I haven't heard from him for over a month now. Has anyone heard from him? I hope he is OK. @Berta I don't know if you've had the time to take a second glance at my CUE yet? Would you happen to know what @GeekySquid may have been referring to? Thanks everyone.
  5. If you had 30% initially and appealed and they then gave you credit for symptoms previously overlooked, I'll bet they would have kicked you up to 60%. I think we are saying the same thing in two different ways. I didn't get SC for GERD or IBS when I retired. It will be interesting to see what happens. I'll let you know! from the sound of it, it could be awhile before the CUE review is completed.
  6. If they were rating only on GERD for the highest rating, they would not mention the IBS or it's symptoms. They went into great detail regarding the IBS symptoms and stated the above comment re "productive of severe impairment of health" and because of that they increased to the highest % for GERD. What was your initial rating for IBS? for GERD? Just curious. you ended up with GERD at 30%, correct?
  7. Thanks. I'm going to include this in my CUE. I wasn't complaining that they rolled them together, I was trying to convey that I was presenting information for IBS and GERD separately. and I was doing that because the decision and the C&P report were so muddled together. I couldn't rebut both at the same time because it would have come across very confusing when referencing evidence. Maybe I need to reword that sentence to make it clearer.
  8. I don't see it the way you explain it. Yes, GERD and IBS cannot be rated separately, and they do rate the higher of the 2 - but - if the second illness is SC compensatable (@ above 0%), it appears to me (in this case) that they raised the rating % for GERD to the next highest rating to compensate for the IBS. In this case, they raised the Vet's GERD rating from 30% to (the next highest %) 60% because her IBS was so significant. Compare your symptoms for IBS to see which % they come closest to. Is it possible your IBS symptoms matched the requirements for 0% compensation? Or, if your IBS symptoms matched symptoms for 10% or above, is it possible the VA missed those symptoms?
  9. Vync here's the case the other member sent me: Citation Nr. 0919318, Decision date 5/22/09, Docket 07-23 025. when you look at it on the BVA site, they run everything together and it's hard to read. if you can get down to the sentence that begins "The January 2005 and January 2006 RO rating decisions..." and read the next 3 paragraphs. In the end, the Veteran had prior been given a 30% rating for GERD and appealed because she also had severe IBS. For this reason (and due to good evidence and persistence on the Veteran's part, from the sound of it), the VA raised the rating (under GERD, because they could not rate IBS separately) to 60% (the next highest level for GERD). don't know if this makes sense. maybe read the case decision over a couple times.
  10. Hello Vync. No, didn't serve there. thanks for this code. I'm going to re read it and see if it might good to include it as a reference in the CUE. From what I understood, after reading through a case one of the members sent me, is that they will rate the worst of the two at the appropriate level, then for the 2nd illness, if serious enough to deserve rating, they kick the initial rating up to the next highest level. For instance, if GERD was rated at 30% and a person also had IBS serious enough to deserve to be rated, they wouldn't rate the IBS (because they can't - see your quote below), they would kick the GERD rating up to 60%. That was my take on it.
  11. Hello Berta. I am so happy/grateful to hear from you on this. I will address all your questions. First, thanks for catching my typo! As many times as I've gone over this, I didn't see it. "I suggest referring directly to and enclosing the decision that contains CUE....as to the first page of the decision and then to the page you did add as evidence." Does this mean I don't need to enclose the entire decision as evidence? Do I only need to include the first page, then the page(s) pertaining to the CUE? "The C & P examiner- have you googled them to see what qualifications they have regarding their statements as to not a chronic condition etc?" Yes, I've done a search on the C&P examiner. He is a sports medicine doctor who has a 1 1/2 star rating. None of his raters made any comments though. That's pretty much all I found on him." "I commend you for being willing to do all of that leg work-because this is how claims can get a far better and accurate EED." Thank you! I've read through my file so many times I just about know it by heart. Going over it several times really helped build the big picture because it makes a "trend" or "cycle of illness" become evident where I hadn't seen it on the first go round. Definitely beneficial to take the time. "will read again—" If you do get the chance to read it again, I'd appreciate any further input you may have. I have another CUE I need to work on for MDD/Anxiety. It's a lot like this one in that they did not find SC in 2011 but DID find SC in 2019. Once I get this CUE right (it's my first one) the I'll know how I should present the Anxiety CUE. I'm wondering if I should hold this CUE until I get the Anxiety CUE finished and send them in together. Does it matter? Sounds like the VA gets confused enough on their own. Might be better to send them in individually? Thanks again Berta. Looking forward to hearing back from you.
  12. @GeekySquid I finished the revised GERD/IBS CUE, following your suggestions. If you have time, could you read it over? It's similar to the Anxiety issue (haven't finished that one yet) in that the Rater seemed to substitute his own opinion. The C&P was so poorly written, maybe the Rater just got confused, but there were diagnoses in my STRs that he should have seen. Thanks.
  13. thank you Paulstrng. Appreciate you being candid Maybe @Berta will see my CUE. Have a great day!
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