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glenda h

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About glenda h

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    E-3 Seaman

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  • Service Connected Disability
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  1. "When was the decision which reduced you from 10 percent to 0 percent? (Was it within a year so you can appeal it?) Also, did they give you an increase in some sort of "GERD" alternative rating? Such as gastritis diverticulosis? If you will post the decisions "reasons and bases" (redact your name and address), then maybe we can help more". C&P given 7 May 2007-Examiner-"The veterans C-file has not been provided and is not reviewed." Veteran states that currently being followed by a gastroenterologist in private practice who performd EGD on Nov 2006. That report is not available for review." Yet this report is in my Cfile stamped with " VARO Received Apr 19 2007 Mail Clerk #3" Rater in decision 29 May 2007- "at the recent VA examination, your medical history was reviewed. On direct examination, the VA examiner reports diagnosis of hiatal hernia and reflux" 10% was given for GERD (7346)only in 2007-no mention of the gastritis. Filed increase 6 Mar 2019 to include the gastritis again and the diverticulitis. Given 0% on 27 Mar 2019, based on an ACE. Examiner did not mention the gastritis nor the diverticulitis on the GERD worksheet. I would assume did not have the 2007 info or 2019. Examiner would have access to the medical info, as I had the EGD done at that hospital in Jan 2019. "(2019) Rater: We have assigned a noncompensable evaluation for your gastroesophageal reflux disease based on: Pyrosis. ACE on 27 Mar 2019-Examiner: (1)the VBMS -with info from the initial 1998 C&P - (Mild GERD) (2) "does the veteran have any other pertinent physical findings..... "NO". (3) Does the Veteran have any of the following signs or symptoms due to .....Yes, Pyrosis, reflux. (did not mention the medium sized hiatal hernia) (4) VAMC records 1/31/19- EGD pathology, esophagitis, gastritis, hiatal hernia (Esophagitis listed on EGD as being Class C) (5) Does the Veteran now have or has he/she ever been diagnosed with .....Gastroesophageal reflux disease Yes-(GERD), ICD code: unknown, Date of diagnosis: see prior exams" That is what I am complaining about as well-I had gastritis with H-pylori a year prior to when I retired from Service, but never mentioned in the "well-grounded claim" in 1998. I submitted a civilian's Gastroenterologist's report that I had GERD , small hiatal hernia as well as chronic gastritis with H-pylori when I filed for an increase in 2007. The C&P states examiner did not have my VA records or my documentation. Rater did not mention the other condition (gastritis) as well, but I did get 10%. In the 2019, I again filed for increase to INCLUDE the now erosive gastritis and diverticulitis, but again it was not mentioned on the ACE or the rater even noted it. It seems VA is completely ignoring the other digestive condition I have and for years. It wont change my rating if they just keep me at 10%. But, at the time I filed this I was temporary 100% due total knee replacement, plus I was given a housebound rate. With them reducing it, I lost the housebound. It was to end 1 Jun 2019, so I lost two months worth. I filed with Board of Appeals so I hope I get my 10% back-It is the principal of it. They never notified me they were doing this, and I dont even think they even noted how long I had this 10% rating. Absent was the fact that the rater didnt mention this in the decision nor that they supposedly sent me a letter 60 days prior. I'm just upset that they keep ignoring this other symptom, shown in black and white. Thank You
  2. This is clear error "unless" this was some sort of temporary or convalescent rating". The VA is required to give you 60 days notice and an opportunity for a hearing, as well as notice of proposed reduction. I was rated 0% for GERD only when I retired. Had gastritis with h-pylori a year before I retired, but it wasnt mentioned in the initial C&P. In 2007 I submitted EGD results from my Gastro Dr, but it wasnt provided to the examiner, to include my VA record. I had GERD as well as chronic gastritis with h-pylori. The C&P examiner noted that he was not provided any records to review. Found this out when I requested my Cfile and it stated this on the C&P exam. But yet the rater in the decision stated that my records were reviewed, which contradicts. "At the recent VA examination, your medical history was reviewed". VA mailroom date stamped my info I submitted as received and shown on the documents in my file. I was given 10% for GERD only and have held this rating since 2007 or 12 years. Again, in the 2019 request for an increase I noted Class C esophagitis. erosive gastritis diverticulosis. This was based on a EGD I had done by the VA in Jan 2019. An ACE was done, and again only GERD was mentioned and I was downgraded to 0%. And no notification that they were going to do this.
  3. Had an upper and lower GI that was requested by the Primary care Dr in Jan 2019 at the VA hospital. Due to the results I then filed a request for an increase on 6 Mar 2019. Ive been rated 10 % for GERD only, since 2007, even tho Ive had gastritis as well, even before I got out of service. I find out on myhealthvet that an ACE was completed on 27 Mar 2019. Im curious as if this was really necessary as the procedure was done by the VA system and all rater had to do was view the evidence. And they downgraded to 0% on 27 Aug 2019. Nope, did not receive notification that they were going to do this. Since I received my Cfile Ive learned to view my BlueButton every chance I get. I found out that the info I submitted back in 2007 from a civilian Dr, as well as my VA records was never given to the examiner during a C&P,. Which I understand, by regulations a C&P wasn't necessary then. This is two different VAs.
  4. "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding". That is one of my main gripes. They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service. I included it in my 2007 request for increase and again in 2019. The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019. I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date. The only reason I was thinking CUE: 38 CFR § 3.326 - Under Examinations it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".
  5. Kinda tossing around if I actually have a CUE from a 2007 C&P. Back then your records wasnt on file so you didnt know what was in it and had to depend on what the rater stated. I got a copy of my Cfile recently and learned that the C&P I had, the examiner stated he did not have my VA records, nor the civilian Dr info I submitted. Yet in my cfile the civ info is date stamped by the VA mailroom. I had requested an increase in GERD from noncompensable given in 1998 to compensable to include the gastritis with H pylori again, something I had in service as well that was ignored in my initial exam. I was only approved for 10% for GERD with small hiatal hernia. Ive held this rating for over 12 years. I recently Jan 2019 had another ECG which noted erosive gastritis, no h pylori. and class C esophagitis, a medium size hiatal hernia. So I filed for an increase. Instead of increase, or just stay as it is, they made it Noncompensable effective the date of an ACE!. Again no mention of my gastritis. Did not even include on the form that I had a hiatal hernia. I had filed an initial claim for a different disability in Jan, the request for increase of GERD I completed 6 Mar. They stated online that they combined these claims together. The ACE done on 27 Mar. No notice was sent that they were going to reduce. I didnt know of this until I received my SOC 28 Aug. I do have an appeal for this last one at the BVA. " Poor records mean poor defense, no records mean no defense"
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