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Reflux


Didto_69

Question

Duodenitis with Hiatal Hernia with reflux 20%

Hemorroids 10%

now i am asking for sleep Apnea claimed as secondary to Duodenitis with Hiatal Hernia with reflux

Denied by RO went to bva now in REMAND at AMC

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Be sure and take the meds for acid reflux. Reflux causes cancer if left untreated.

Good Luck on your c,aim

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Do you have medical evidence or any statement from any doctor that your sleep apnea is secondary to your other service connected conditions?

All secondary disabilities need medical statements to establish the condition as contributed to or directly due to a SC condition.

Did the remand call for another C & P or a statement to this affect from a VA doctor?

Remands to the AMC have to be carefully read by the claimant. Often the claimant can do things as well to support a proper decision from the AMC- or from the BVA -if the AMC sends the claim back there.

I responded to a SSOC from the AMC, knocked down the second VA medical opinion, and sent a copy of my response to the BVA. I also included additional evidence and listed again all evidence the VA had failed to consider in 6 years.

Within a few weeks of that response the BVA awarded my claim.

Responding to an SSOC if you get one from the AMC is optional- but to me- it can make the difference in another denial or an award.

If you do have medical documentation of the linkage between your SC disabilities and the sleep apnea, has the VA fully considered that evidence yet?

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Thank you Berta i search the internet and found a nexus it's is in the reply to the denial.

yes they ask for a c&p ex. the nexus is at www.webmd.com

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Potential medical nexuses to any disability still depend on a doctor's statement.

Medical treatises and abstracts can certainly help to prove a claim-but as many here would agree-

they have far more weight when referenced by a medical professional in a way that is specific to an individual claim.

You could certainly bring this internet printout to the C & P exam but it all depends on whether the doctor would consider it and make a "as likely or not" or "more than likely" statement to secondarily Service connect the apnea.

The VA most often takes the position that they recognize an internet medical printout showing potential nexus (thus they have considered it as evidence) but then they reject the information as it is not specific to the individual claimant.

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Berta

what about this a new study, presented today at the annual meeting of the American college of gastroenterology, is attempting to fine out. And so far, preliminary results from the first part of an ongoin study show that "there may be a casual relationship between reflux and sleep events in people with obstructive type sleep apnea." say lead researcher U S Army Major Brian P. Mulhall. MD MPH, of Walter Reed Army Medical Center in Washington, D. C. in a news release

www.webmd.com/heartburn-gerd/news

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I dont doubt the medical linkage at all-

If you can get a doctor to state that your sleep apnea is directly due to or contributed to by your SC disability of reflux, the VA will service connect the apnea as secondary.

Personal example- For 6 years I sent VA medical evidence as well as numerous internet print pouts to directly SC my husband's death due to DMII from Agent Orange.

Although the BVA mentioned my lay evidence they awarded with the independent medical opinions I had.

I do see your point. The very first piece of evidence I sent in 2003 to VA was attached to a medical web site printout from Medilexicon.

The BVA gave great weight to this evidence.

Yet still it was my medical opinions from real doctors that ultimately was used to support the award they made.

Some years ago I proved wrongful death of my husband due to VA health care errors without any outside medical opinions .

I also used internet printouts from the medical texts that VA used then yet the internet in those days was nothing like it is today.

In spite of the fact that these days we have much better access to some of the very same medical info that VA uses (such as Medilexicon) the VA has become so arbitrary that they want medical opinions of the linkage.

Your medical records might well support exactly what the print out says with documentation that will help you.

I assume the remand states they are looking for a medical statement from a VA C & P doctor for what you need.

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Is this your BVA remand?:

http://www.va.gov/vetapp08/files4/0830668.txt

If so they will give you a sleep apnea C & P and I think a apnea sleep study.

Then as the remand says they want an opinion from the C & P doctor as to whether or not ( as least as likely, not likely or more than likely that apnea is due to your duodenitis and reflux disability.

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berta

yes that my remand

VA did the sleep study before i file for sleep apnea.

Already had the sleep apnea c&p exam don't know what the doc. said they sent it all to AMC

have not ask for a copy of c&p yet they say it will slow claims

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I suggest that you get a copy of the C & P exam.

it could be very favorable to you or it could be all wrong.

At least you can determine something from the results of it.

I wondered this too when I got copy of C & P that the AMC ordered.How long would it hold up a claim in the system by then for over 5 years- but I didnt care.I got the results in 2-3 weeks by calling the local VA where it was done and then prepared a strong rebuttal to it based on the actual medical evidence (which the examiner ignored)

The BVA ,after AMC sent the claim back to them,disregarded the exam as having anything probative to offer for or against the claim.This was the second C & P they had done.

They awarded my claim based on IMOs and medical evidence.

If I had not gotten a copy of all of the C & Ps in my past claims- I could not have knocked them down. The SOC might be a shortened version of the actual C & P leaving out something that can help the claim succeed.

A C & P exam result copy usually shows a vet what they can expect from the VA-an award letter or a denial.

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