Sharing My Rating Decision X C&p Exam X My Notes

[tk3000]

Below is my view that I sent to the VA via the VA's IRIS inquire system. Correlating my Rating decision with my C&P examiner and Medical records that I on occasion I sent to VA:

====================================

Dear Mr.:

I did not receive the notification letter with the information explaining the reasoning of the decision. I received a letter only stating that I was granted the award of 10%, nothing else as far as explaining the reasoning or rational of such decision.

From the explanation that you provided me I would like to point out the main paragraph and a few discrepancies that I noticed:

"

A 10 percent evaluation is assigned from March 13, 2008. The effective date is the date on which we received your claim for this condition. This disability is not specifically listed in the rating schedule; therefore, it is rated analogous to a disability that is closely related in function, anatomical location and symptoms. A 10 percent evaluation is assigned if there are two or more of the following symptoms: epigastric distress, dysphagia, pyrosis, regurgitation, or substernal or arm or shoulder pain. In your case you report experiencing symptoms of heartburn and abdominal pain. You also said that sometimes the pain makes it difficult to eat or to

breathe, however, the records do not show that this has resulted in significant impairment of health. Based on the totality of the evidence, even though you do not meet the minimum criteria for the 10 percent evaluation, we are assigning the 10 percent

evaluation because of your complaints of significant pain.

"

There are some points that does not make any sense for me. First the C&P examiner states that: "He states that heartburn make it hard for him to breath" and heartburn is another word for pyrosis which is a painful burning sensation in the chest caused by gastroesophageal reflux, saying that the C&P examiner acknowledge the heartburn (other physicians on my medical records that I sent also mention heartburn as their diagnose). And dyphalgia is the same as difficult to eat which was clear reported by my C&P examiner, and even the difficult to breath and fatigue thereof in function of GERD. When my examiner pointed out that "The veteran states that he does not have reflux" it was understood between us that my examiner was referring to reflux as "throwing away" food, and not "acid reflux". Also the epigastric distress was stated and verified by my C&P examiner as follows: "There is tenderness to palpitation in the epigastria and bilateral upper quadrant areas." Not only my C&P stated it, but also in the medical records (that was sent) Dr. David J Majestic stated the following: " 29 y/o male with no sig pat medical history presents with 2 days of chest pain with deep breathing as well as epigastria pain. He has a burning pain in his abdomen that is worsened with inhalation; causes sharp pains to radiate diffuse through chest."

So all in all, I can not make sense of the following statement from the rater: "Based on the totality of the evidence, even though you do not meet the minimum criteria for the 10 percent evaluation, we are assigning the 10 percent evaluation because of your complaints of significant pain." since three of main symptoms were mentioned and stated by different doctors.

And if heartburn/pyrosis, epigastria pain, dysphalgia, chest pain, and even difficult to breath are not serious enough and do not constitute and consist in a high level of impairment I (and almost everybody else) would not know what a high level of impairment is all about. If the VA has any doubt about such conditions is the VA's duty to provide lab tests.

[Pete53]

I would follow up and not depend on Iris for anything.

[Cavman]

I was awarded only 10% for Gerd/Hiatal Hernia/Barretts Esophagus. Had doctors statements from many endoscopies stating my condition was severe and Barretts Esophagus most likely in pre cancer. The VA acknowledged it was so severe I could only survive taking Nexium daily which I have for 11 years. VA gives me my Nexium monthly because I am 100%. Point is I only got 10%.

Cavman

[tk3000]

I would follow up and not depend on Iris for anything.

You are very right! It turned out that I did not receive the any explanation for my rating decision (just a paper stating that I was awarded 10%, not a rational of such decision). So I wrote via IRIS inquiring about the absence of such important paper (since I would need it to understand the decision and formulate an appeal). I receive via IRIS the explanation for such a decision. So I felt compelled to write back indicating that such a decision was based on a rational that was a nonsense. But that text (entitled: Sharing My Rating Decision X C&p Exam X My Notes, GERD) that I wrote in response to such a "rational" and which I posted here and which was also sent as a response via IRIS to the person that provides me with the rational of the decision is just the first draft of what I would call "Notice of Disagreement". Once I am done with the so called "Notice of Disagreement" I will sent it together with the medical records via regular mail (registered, with delivery confirmation, signature, etc) to the VA regional office in Detroit. Is that what you would call an appeal? How doe an appeal and its phases work?

I had to share it, especially considering that such a decision was base on such a nonsense contradicting and disconnected from any material evidence that was provided to the VA and even stated by VA own C&P examiner.

Thanks!

[tk3000]

I was awarded only 10% for Gerd/Hiatal Hernia/Barretts Esophagus. Had doctors statements from many endoscopies stating my condition was severe and Barretts Esophagus most likely in pre cancer. The VA acknowledged it was so severe I could only survive taking Nexium daily which I have for 11 years. VA gives me my Nexium monthly because I am 100%. Point is I only got 10%.

Cavman

I don't know why you only got 10%, maybe because you are already 100%. Maybe if you were less than 100% you would have more for that disability. Or maybe the VA is just plain wrong giving you such a low percentage. Again I do not understand well how the VA rating system works.

One thing that seems clear is that the VA rating system is very dysfunctional and all such disfunctionality is playing against us. How is that possible (in my case) for the rater to miss, ignore, and even clearly contradict things that are clearly stated on my medical records (and even stated by my C&P examiner) in the so called "rating decision" can really drive anybody nuts.

[gp747]

IS YOUR GERD CLAIM A SECONDARY CLAIM OR DIRECT CLAIM ? I HAVE

A CLAIM FOR GERD ALSO.

[tk3000]

IS YOUR GERD CLAIM A SECONDARY CLAIM OR DIRECT CLAIM ? I HAVE

A CLAIM FOR GERD ALSO.

Yeah, my GERD claim was secondary to my primary claim (chronic pain in left leg with hardware: rod, pins, screws, etc). I found out that when it is secondary the awarded is added up: for instance, if you are 30% and obtain more 10% secondary to your primary issue your new rating is going to be 40% (sometimes VA applies an equation that would make it less than 40%)