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JT24usn

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Dro went as expected. Rubber stamped. Now on to BVA. Hoping for better results.

Issue. Pyramid 7318 and 7328 at the higher rate. From 20 to 40%. 38 cfr 4.114. We shall see. Tick tock tick tock

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Dro went as expected. Rubber stamped. Now on to BVA. Hoping for better results.

Issue. Pyramid 7318 and 7328 at the higher rate. From 20 to 40%. 38 cfr 4.114. We shall see. Tick tock tick tock

http://ecfr.gpoacces....104.54&idno=38

4.114 Schedule of ratings—digestive system.

Ratings under diagnostic codes 7301 to 7329, inclusive, 7331, 7342, and 7345 to 7348 inclusive will not be combined with each other.

A single evaluation will be assigned under the diagnostic code which reflects the predominant disability picture, with elevation to the next higher evaluation

where the severity of the overall disability warrants such elevation.

7318 Gall bladder, removal of:

With severe symptoms . . . 30

With mild symptoms . . . 10

Nonsymptomatic . . . 0

Spleen, disease or injury of.

See Hemic and Lymphatic Systems.

7328 Intestine, small, resection of:

With marked interference with absorption and nutrition, manifested by severe impairment

of health objectively supported by examination findings including material weight loss . . 60

With definite interference with absorption and nutrition, manifested by impairment of health objectively supported by examination findings including definite weight loss . . 40

Symptomatic with diarrhea, anemia and inability to gain weight . . 20

Note: Where residual adhesions constitute the predominant disability, rate under diagnostic code 7301.

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My arguments are that they never specifically say the difference between mild and severe for gall bladder. SOC just does not say that I am severe. Well. What is severe. Also. The soc didn't even use my lab reports from vamc showing malabsorption. I am vitamin d deficient and low b12. Also hypoglycemic and anemic. The va gets hung up in te weight loss. I argued that the malnutrition is hardly a problem in our society because drs and medical centers try to catch it before it happens. ie. malabsorption told to take vitamin d pills. 1000 I/u x 2 a day. And vitamin b complex. Also was sent o a nutritionist for hypoglycemia and calorie intake to support deficiencies. This is for starters.

Also c&p was inadequate where Dro picked and chose what to use. Leaving vomiting out here anemia there and the dr listing malabsorption.

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I sympathize with gallbladder problems.. I have gone through the intestinal disease problems,, they could not find my problems, and I suffered greatly for many years,, gastritis, gall bladder IBD/IBS< severe diarrhea (very veyr severe for many years) and they took out my gallbladder, it helped for 2 days and then I got sick again more and more, as if the gastritis and chronic swelling and malabsorption was horriic. I was basically labeled a nutcase,, all because the labs didn't show all the suffering... I lost the ability to worka nd los tmy home and the abilityt o work and finally got SSDI for dpression, even thought he doctors basically calle dme a liar,a drug seeker and having IBD/IBS. I went though pain clinics, The malabsorption took my teeth ina horrific way t,ey turned into sharp shards of enamel cutting through my flesh, notu, lips, tongue and bleeding day and night spitting peices of teeth out. finally I had to pay a edntal school to remove the shrarp peices sticking outof my gums. The VA hospital refused al help, no matter how hard I begged and begged,, i tried in the patient advocate department and dental clinc and thye told me (GFMS).. wlel they didn't use thpose workds but they might as well have.. Intestinal disease is horrific.. it finally led to my necrotizing pancreatitits... al lstarting with gastritis on active duty and the chemicals...

My arguments are that they never specifically say the difference between mild and severe for gall bladder. SOC just does not say that I am severe. Well. What is severe. Also. The soc didn't even use my lab reports from vamc showing malabsorption. I am vitamin d deficient and low b12. Also hypoglycemic and anemic. The va gets hung up in te weight loss. I argued that the malnutrition is hardly a problem in our society because drs and medical centers try to catch it before it happens. ie. malabsorption told to take vitamin d pills. 1000 I/u x 2 a day. And vitamin b complex. Also was sent o a nutritionist for hypoglycemia and calorie intake to support deficiencies. This is for starters.

Also c&p was inadequate where Dro picked and chose what to use. Leaving vomiting out here anemia there and the dr listing malabsorption.

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It's best to always look at everything and how it relates to occupational and

social inabilities.

Here is some info in relation to "severe symptoms"for DC 7318.

"There is no evidence of severe symptoms, necessary to warrant a 30 percent rating under DC 7318.

She is able to work every day and only sought part-time employment instead of full-time employment

because of less hours, not because of her medical condition.

She is able to control some of her symptoms with medication and control of her diet,

limiting spicy and fried foods, and dairy intake.

As such, the Board finds that no more than a 10 percent evaluation is warranted."

http://www.va.gov/ve...es3/1127007.txt

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It's best to always look at everything and how it relates to occupational and

social inabilities.

Here is some info in relation to "severe symptoms"for DC 7318.

"There is no evidence of severe symptoms, necessary to warrant a 30 percent rating under DC 7318.

She is able to work every day and only sought part-time employment instead of full-time employment

because of less hours, not because of her medical condition.

She is able to control some of her symptoms with medication and control of her diet,

limiting spicy and fried foods, and dairy intake.

As such, the Board finds that no more than a 10 percent evaluation is warranted."

http://www.va.gov/ve...es3/1127007.txt

I wrote up in my NOD that I was just awarded 50% for mood disorder to include anxiety and depression secondary to my two stomach conditions. My argument was how did I get rated 50% ( on first round) where they requirement is that is effects social and occupational. Also the cp doc did not even ask me about my social and occupational at stomach exam.

Thank you Carlie for the responses. I need someone with a background to bounce off of. This is

My first BVA.

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I wrote up in my NOD that I was just awarded 50% for mood disorder to include anxiety and depression secondary to my two stomach conditions.

My argument was how did I get rated 50% ( on first round) where they requirement is that is effects social and occupational. Also the cp doc did not even ask me about my social and occupational at stomach exam.

Thank you Carlie for the responses. I need someone with a background to bounce off of. This is

My first BVA.

For mental health evaluations having an effect on social & occupational counts at different

percentages - but having different degrees of effect, doesn't necessarily equate to total,

unless stated as such by MH professional.

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