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C&p On Friday (From A Remand)


qwiksting

Question

I have a C&P on Friday. It is from a remand that is/was at the BVA. It was remanded to the AMC July this year. The C&P is going to consist of:

1. A Barium Xray (upper GI). Although I had 2 different endoscopies done in April and May this year, The VA for what ever reason is asking for this. It reminds me of the first C&P I had done when I filed this claim in 2008. Endoscopies always find more than a Barium X-ray. Needless to say I feel nervous about this.

2. Meeting with the VA examiner. I called about this appointment to make sure They knew they scheduled a Barium X-ray 45 minutes earlier than this appointment. I was told I would have time to make both appointments and that the second appointment was scheduled for 2 hours. I thought, wow, a 2 hour meeting with a VA examiner. Is it really going to take 2 hours? I have never had an appointment with any doctor that took 2 hours...

Some background on this claim. I served in Iraq December 2003-March2005. I was semi diagnosed with Stress induced GERD while in Iraq in November 2004 by a Navy Corpsman. Was prescribed Meds. I went to the VA clinic in December 2005, had an upper GI (barium X-ray) and was diagnosed with GERD, put on meds by my PCP. This took place only 9 months after discharge. I was finally afforded a endoscopic procedure by the VA in 2008, in which they found a hiatal hernia as well as esophagitis,gerd. I filed a claim for it because it was Chronic,this was in 2008 also. I had a C&P 2008, Barium Xray and examination. The Examiner opined that GERD had resolved itself, and that the hiatal hernia was a NEW finding. The VA denied my claim based off of the examination. I filed a NOD, ended up at BVA, Remanded to the AMC,4years later, here I am again.

First of all, I was under the impression , that if a condition presented itself while on active duty, it w chronic and was diagnosed within 1 year of discharge, it would be granted. Where am I wrong on this?

And any advise about the C&P would be appreciated. I am bringing copies of the DX'ed condition from the corpsman in Iraq(2004) the DX'ed condition from my PCP at VA(2005) Copies of endoscopies(2008,2012) A DBQ filled out by my PCP at VA, A written letter from my employer on how this affects my employment. Am I missing anything?

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There are 3 things to get service connection not two. 1) Yes, it "presented itself on active duty". 2) you have to have a "current diagnosis" and 3) a nexus between the two.

I dont know if you are "currently diagnosed" or not, but maybe your C and P will determine that.

You will also need a nexus statement that connects your current diagnosis, if any, to military service.

You wont receive any compensation for a condition that was diagnosed in service, if you have no issues with it now. (that is, no current diagnosis).

And, Yes, you are right, in that "presented itself on active duty" would include within a year of active duty, but you still have to meet the other 2 criteria.

I will add that just because you are "scheduled" for a two hour doc appointment, it may not necessarily last that long. They are giving the full two hours so that the doc does not have to cut you short if he has another patient in an hour.

Edited by broncovet (see edit history)
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Thanks for the reply. Yes I am currently diagnosed with it now, have been all along,It is listed on my active problems list as "chronic". As far as a nexus, connecting military service and the condition....

§ 3.304 Direct service connection; wartime and peacetime.

(d) Combat. Satisfactory lay or other evidence that an injury or disease was incurred or aggravated in combat will be accepted as sufficient proof of service connection if the evidence is consistent with the circumstances, conditions or hardships of such service even though there is no official record of such incurrence or aggravation.

However, there is a record of me having the problem, 2004 "stress induced gerd" from the navy doc in Iraq and especially if My PCP DX'ed it within one year of separation. It was at least 10% at that time.

I am hoping for the best, once again.

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So were you on medication for GERD at the time the brilliant C&P Doc said it was resolved?

Kinda like saying someone doesn't have high blood pressure because their blood pressure is normal when they take thier medication!

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Yea, thats the funny part, I even explained the symptoms I was having. I even had an EEG done 2 months prior that wasnt even considered as evidence. Took medicine while in Iraq, took meds when I got home, and guess what?? I am taking meds now for the same chronic problem...that they said resolved itself 4 years ago...

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Just back from my C&P. Dr. was very short with me. Most questions were directed toward the questionnaire I filled out before I went. Mostly about Family history, what id your father do before he retired, and mother. How many siblings I had, older and younger, and what were their health like. I started getting pissed because I thought the C&P was for me, not my family. I. understand they are trying to get a "fix" on medical problems that may run in my family. But still.... I wasn't aked about the frequency or symptoms of anything???? I had a UGI done this morning prior to seeing the C&P Doctor but that is all concerning my GERD/hernia. I brought copies of prior dr.s notes stating that my GERD is being aggravatd by stress and anxiety. I also brought medical literature that discusses the relationship between the two. The dr looked at it and handed it back to me. He took a couple of things I brought( ARMY medical records from IRAQ stating the DX was stress induced gerd) and my statement, made copy and gave it back to me. I asked him how long did he think it was going to be before he had my report done, he said 3 to 6 months. I dont feel good about it.

Also wanted to say that my appt was scheduled for 10 am this morning. I was there about 20 minutes early, and was called back about 5 min later. I was on my way about 10:05 am. So I would say the supposed scheduled (2hr) C&P lasted about 20 minutes. I still can't believe the Examiner didn't ask me anything about my GERD/Hernia. Did not fill out a DBQ....nothing. Spent most of his time going over family history, and showing me a file about 12 inches thick (my C file) telling me he is supposed to connect my c file claim with my condition now using science. At least the First C&P in 2008 was alittle more thorough, asking me about symptoms, although I dont believe there was a DBQ then. I dont feel good about it.

Edited by qwiksting (see edit history)
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Well, as i suspected, my C&P exam went as I thought. I was wondering why the examiner made a reference to an attorney while I was there. Ok, so now that I have the C&P in my hand, (it took all of 5 hours for the examiner to see me and put his report in the system to send back to VBA). I have a feeling he had already wrote what he wanted to, because he did not reference my UGI of that same morning prior to his appt. My UGI says I have GERD and examiner says there is no diagnosis of GERD at the present time. I am sooo effing mad right now.

Question to the knowledgeable ones: How does one go about rebutting a very bad C&P. I have military service records of the issue, I have VA records within the one year time frame of the issue. The issue is chronic (lasting more than 6 months...actually lasting from 2004 to present) A current UGI dx'ing Gastroreflux with hernia, My PCP statement saying this problem has not resolved and is still present. # scopes saying I have the problem. My claim is on remand from the AMC. The BVA called for another c&p. How do I get a real C&P, or do I need to get an IMO.

I have passed this off to Hoppy, because I trust him.

Thanks for letting me vent, Now I realize the VA isn't for the veteran at all. I am sad. Why does it have to be so adversarial. I waited over 4 years at the BVA to get this?? I know there are other guys out there with alot worse situations than mine. I just dont understand because the "evidence" they want dont fit with what they are trying to pass off. The evidence is black and white.

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