fbbdab Posted June 7, 2011 Share Posted June 7, 2011 I was initially rated at 40% and went back to VA to continue the fight. I'm in the DC/MD/VA area. I NOD'd a denial decision on asbestos and a hiatal hernia clearly annotated in my records. I got a C&P and the doctor during the exam included in his examination that I had sleep apnea and a severe case of GERDs associated with the hernia. Does anyone know if the GERDs and sleep apnea will get rated in the decision or will VA ignore it and just rate on the hernia? If VA is true to themselves, they will probably ignore it and I will have to file a separate claim for that. I'm hoping that just once they will do something for the good of the veteran. If anyone has had this experience, please share your results, I'd love to know what to expect. Thanks FBBDAB "Aim High" Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted June 7, 2011 HadIt.com Elder Share Posted June 7, 2011 Welcome to Hadit Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted June 7, 2011 HadIt.com Elder Share Posted June 7, 2011 I think the GERD should be SC'ed if the hernia is SC'ed. You need to do something about this condition. You can get cancer from severe GERD. Link to comment Share on other sites More sharing options...
Guest Posted June 7, 2011 Share Posted June 7, 2011 (edited) Unfortunately, it depends on what you originally claimed and what you filed your NOD on. GERD can cause cancer and it can make sleep apnea worst. Also sleep apnea is a silent killer so make sure you get treatment for it. As for what VA will do, who knows but I would say make sure that you read your rating decision and get help in trying to figure out what is going on. According to the CFR 38 Part 4: Acid Reflux, GERD and Hiatal hernia are all the same condition. 7346 Hernia hiatal: (Acid Reflux and GERD) Symptoms of pain,vomiting, material weight loss and hematemesis or melena persistently recurrent with moderate anemia;or other symptom combinations productive of severe impairment of health 60% Persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain, productive of considerable impairment of health 30% With two or more of the symptoms for the 30 percent evaluation of less severity 10% Edited June 7, 2011 by pete992 Link to comment Share on other sites More sharing options...
Recommended Posts