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New Vet With Med Issues, Can You Help?


Guest CIEJ BROWN

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The best thing to do is go here:

http://ecfr.gpoaccess.gov/cgi/t/text/text-...idno=38;cc=ecfr

Then under SubPart B look up the specific rating topics that seem to fit in-

I am thinking most of these would be under digestive system.

Have you received any diagnostic codes and ratings at all yet?

Many also seem related to each other- do you have a nexus (link) to your service for these conditions?

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I just realised you are a "new" vet- were you diagnosed in service with these conditions?

Did you get a complete copy of your military medical records when you left?

Thank you for your service- I found a few claims at the BVA web site where they awarded only 10% for GERD but I am sure they have awarded more than that-it depends on the severity-

Also the bruxism, when also found with TMJ (temporomandibular joint (TMJ) syndrome) or evidence of very severe damage to teeth etc- seems to warrant a 10% rating.

If I find more- I will post here-

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Bertha

Thats all the VA awarded me was 10 percent for GERD but thanks to your info I have filed a NOD and DRO looking for 30 percent. Before I found hadit I did not know what a NOD or a DRO was. If it was not for you people here I would have taken whatever the VA gave me and walked away. Now I have learned appeal, appeal appeal

Jim

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Bertha

Thats all the VA awarded me was 10 percent for GERD but thanks to your info I have filed a NOD and DRO looking for 30 percent. Before I found hadit I did not know what a NOD or a DRO was. If it was not for you people here I would have taken whatever the VA gave me and walked away. Now I have learned appeal, appeal appeal

Jim

You sure are Right on that- and Never give up!

Jim- I could not find the GERD criteria in the link I posted for the CFR-

they are calling it something else-there-

what I finally found is this:

http://www.va.gov/vetapp01/files01/0102228.txt

The vet had 10% GERD rating-appealed for more-

Per the BVA in above decision-

"The criteria for the next highest (30 percent) rating for

GERD include persistent recurrent epigastric distress with

dysphagia, pyrosis, and regurgitation, accompanied by

substernal or arm or shoulder pain, productive of

considerable impairment of health. The veteran has reported

many of these symptoms, which he has attributed to his

service-connected GERD. The 60 percent evaluation includes

symptoms of pain, vomiting, material weight loss and

hematemesis or melena with moderate anemia, or other symptom

combinations productive of severe impairment of health. " See

38 C.F.R. § 4.115, Code 5346.

(esophagus diseases are listed in the CFR but not specifically Barrett's esophagus so maybe I can find a BVA decision with the rating criteria for that too)-

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new vet- it seems like they are saying Barrett's esophagus is a hiatal hernia?

If so this decision might help :

http://www.va.gov/vetapp01/files01/0101137.txt the veteran did not succeed but still retained 60%.

it shows how they rate hiatal hernia.

The veteran's GERD is also rated as analogous to stricture of

the esophagus because his main symptom has been described by

medical professionals as a feeling of food being "stuck" in

his throat. Code 7203 provides a 30 percent evaluation for

moderate stricture of the esophagus. A 50 percent evaluation

is warranted for severe stricture of the esophagus,

permitting liquids only. An 80 percent evaluation is

warranted for stricture of the esophagus permitting passage

of liquids only, with marked impairment of general health.

38 C.F.R. § 4.114, DC 7203.

After careful review of the evidentiary record, the Board

notes that a rating of 60 percent is in effect for the

veteran's GI disorder, which is the maximum schedular rating

under Diagnostic Code 7346 for hiatal hernia. As noted

above, he is also rated under Diagnostic Code 7203, which

provides an 80 percent rating for stricture of the esophagus

permitting passage of liquids only, with marked impairment of

general health. However, the records do not show that the

veteran is limited to liquids only; in fact, in his medical

statement dated in July 1999, Dr. Buniak noted that it

appeared that the veteran's swallowing mechanism was working

adequately. In addition, following his last surgery in July

1999, a barium swallow was performed on July 19, 1999 and

there was no evidence of obstruction. Therefore, an

increased rating for the veteran's GERD, hiatal hernia,

status post transhiatal esophagectomy is not in order.

38 U.S.C.A. § 1155; 38 C.F.R. § 4.114, Diagnostic Codes 7203,

7346.

ORDER

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