Mantana

Thanks for that answer, I'll seek IMO

I am getting ready to file secondary sleep apnea. I plan to file secondary to my depression, weight gain caused by depression, and possibly GERD. Can I file all these at once? Am I allowed to claim multiple conditions caused or activated this, and how do I do that? Any advise on this is great, do i have a strong case or should I get a nexus letter just incase?

Yeah I received a decision on some other issues and they missed my mental health claim completely. I literally had to tell them to fix it. They probably wanted to defer it but forgot? Idk it was very strange

I just realized I looked at the evidence they say was reviewed on the decision and the DBQ I added in early Feb was not listed. Thankfully it doesn't change anything my decision was exactly what I was expecting. Hopefully it just flows back to prep decision this week

My VSO has access to all documents. It is literally the rating decision with the seal on top. I'll try to get a copy redacted if I can figure that out

I was requesting a copy of my DBQ and they called to let me know they emailed it and my rating decision that was decided that day 2/28/20. I have the decision which shows the rational and the code sheet showing it is a static condition and all my effective dates.

Backstory: Mental health claim filed April 2019 July 2019 added DBQ with mental health diagnosis Dec 2019 decision didn't include mental health claim. Dec 2019 called and informed Va I didn't get a rating. Jan 2020 claim reopened Feb 16 2020 attend c and p Feb 21 2020 moved to prep for decision Feb 28 2020 moved back to review of evidence Feb 28 get a call from my vso telling me there is a rating decision in my file, but my claim still states review of evidence and my overall rating does not yet reflect the new decision. After finding out I had a c and p exam i obtained an updated DBQ and submitted it in early Feb. VA.GOV states you have 1 year to submit new evidence when you file a claim. Is my claim being reopened after the decision or did they realize they missed my updated DBQ? The hotline doesn't know anything other than my account notes all evidence received. I actually have a copy of the decision and effective dates and rating decision and code sheet. I don't understand why it would go back after decision was made I also have another claim pending in the decision phase

Alright all, today I obtained the DBQ. here is it in a nut shell "Conclusion: Although examiner is uncomfortable with this conclusion , using the VA's loose and non verified diagnostic criteria for GERD claimant has a dx of GERD and it is at least as likely as not that claimants symptom and use of acid suppressing medication are related to chronic NSAID use related to his service connected TMJ disorder."

Thanks for the info. Lots of good advice, now just a waiting game

How do you do this? I want to be prepared because if anything fishy is on the exam notes I want to submit some sort of complaint. I just sat there in shock and listened to what he had to say.

Thanks for the pep talk. I'm hoping I win and don't need to do an appeal or anything. A higher level review may be in the works if I don't. I learned that the only thing between someone getting their condition service connected and not is giving up. If I didn't know any better I would have tapped out by now. After this exam I considered that, I was frustrated thinking what he said.

Thanks for that. Honestly It was very hard for me to reach out in this community. I thought the support would be better. 3 of my own personal doctors who know my history diagnosed me. I didnt diagnose me. Also, the c and p examiner isn't my treating physician. He doesn't know my history like my doctor does. I have GERD, just because some crazy c and p doc said I don't doesn't mean I don't have it.

Straight from mayo clinic.... "Your doctor might be able to diagnose GERD based on a physical examination and history of your signs and symptoms."

I apologize if you think it's fraud for me to be told by 3 doctors that I have GERD without telling me you need a scope to get a proper diagnosis. 2 are private doctors and one is my freaking VA primary physician.

I wasn't scared at first honestly. Mostly just in shock. I understand my neck claim is a bit of a stretch but it is winnable based on history and scholarly sources. I started getting somewhat worried when I realized he was basically saying 3 of my personal doctors are wrong about me having GERD. Thankfully I have a DBQ and solid chart notes and in IMO. He essentially was saying he approved it because he knew I would win anyway.

Haha yes it's legal, but honestly he seemed pretty at home and just seemed to be in a hurry. I asked him why they don't do a scope and see if I have it if he thinks I dont. He said the VA quit doing them as part of c and p exams because of cost and liability. He literally told me they approve GERD claims based on symptoms and don't care about the veteran actually having GERD. It was very strange. He even read me his "at least as likely as not" statement and gave me an explanation that he would use my article to prove it, even though he thinks I have some other stomach condition related to NSAID use. I had a VES mental health one the other day too. The lady was super nice and showed me the portal and how they submit DBQs on their website. She told me to expect a large increase and that she would make statements claiming it effects my work. Seems like c and p examiners are getting more open with people...

I will try to remember to update you on this. My vso who I only use for logistical purposes will get me a copy of the c and p when it's updated

Oh I will! I gave up in 2017 when i lost for my back. I started back and as of now I'm 60% with mental health pending that could get me to the 100 schedular mark. The only way to lose a claim is give up, and I learned in 2017 that it was my mistake. I will get this rating.

Personally 30% but if it's really severe you can get 60. Neck I know I can only get 10 for painful motion

I will try to remember to update you on this thread of the outcome. With the speed of things it could be a few weeks. My supplemental for headaches took only 3 weeks from submitting... I should win the neck one anyway. I provided a very compelling nexus and there is no reason they should say no. If tie goes to the veteran I I'll win. I may have to do higher level but I will win

Makes sense. He even told me if they deny GERD to appeal it. Then he said don't do anything else until they approve it. He told me "put this one on the shelf" and move on.

Exactly! But in the end he wrote a favorable statement for me. I feel like he came in saying he was going to deny just so he could only need to grant one and leave me speechless with no fight. I even told him "last night I read some appeals that were granted for neck pain secondary to Tmd" and he basically said it didn't matter

Yesterday I drove 87 miles over an unplowed pass in a blizzard at 530 in the morning to make a c & p exam. The appointment time was 8am, but I was determined to be early so I showed at 740. But the drive isnt the weird part... I was scheduled to get evaluated for neck pain and GERD. The nurse was nice and drew my blood quickly, the doctor arrived and it was the same doctor I had 8 months ago in another town and he actually gave me my first service connection at that time. He starts with neck pain, does very fast measurements and basically then tells me I have no strong claim. I was claiming it secondary to TMD and had provided with a nexus (which he read) 2 appeals that the board granted for this same issue. There was also 2 scholarly articles in the nexus letter. He shrugged it off and said he was going to deny it.... now it gets weird... He stated he "lastnight i made up my mind" and was going to deny both my conditions. But then he said this morning he changed his mind and decides to make a statement with my GERD at least as likely as not. He even read me the statement and told me he would use one of the articles provided in my claim. But then he tells me he was going to deny because he thinks I don't have GERD But another disease(just similar symptoms), AND he thinks my articles are bogus and flawed. I am claiming GERD secondary via NSAID over use. He basically explained to me the VA likes to play a game and that he realized I was a veteran who wanted to play back.... Also he said GERD needs to be confirmed and he told me not do have a scope until I'm service connected in case it's negative. Oh yeah, and he diagnosed me with GERD Isn't that weird as heck?????

I think you misunderstood, I was asking a rhetorical question. I had a c and p yesterday, just gave that as an example of what I did. Thanks for the concern though

My mental health claim was along with a tmj claim. In October I was called by a VSR who said (and I quote) "you have plenty of evidence for your mental health claim." In December the claim moved to decision and 2 days later I was rated for TMJ. But where is the mental health rating? I asked. Nobody knew a thing. I decided to have the 800 number people send a note to my regional office asking them to clarify what happened. I then submitted a 21-4138 via fax explaining what I claimed and when I claimed it. I was specific about the fact that VA broke their own laws and error by not denying or giving a rating. January 2nd, a claim pops up as "veteran was not rated for [mental health conditions]." It has been very slow. The estimated time is November 2020. Although I just scheduled a c and p exam this week because they want clarification as it's secondary. They entered this claim as a "rating control ep930." I still don't quite understand but I guess it doesn't count as completed work so it could take longer. I've been told the rater probably didn't defer my mental health claim by mistake so it just closed my claim. I'm not sure if that will happen to yours, but mine was jacked up as well.