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Partial Success/dro Hearing Finalized Pending Claim/appealed Issues Being Decided In Estimated 30Days

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ArNG11

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Berta that letter was a bungled up cut and paste job gone wrong.

From my rainmakers stand point I'm not allowed to have and IBS and a GERD rating. I don't understand that. Two different ends no pun intended. I'm connected for both but it's considered pyramiding. At least that is the VA s reasoning.

I'm taking a breather and letting all this sink in. It's only recently that I've come to terms with my circumstances.

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Bud as I stated in other posts, I currently have GERD, Crohn's, IBS and now a Hiatal Hernia, and guess what they are all rated only 30%, even though I will have to have my Colon removed soon. Same goes for Mental Conditions, I have 5 or 6 and all treated differently yet rated together as 70% PTSD. That is just how the VA works, even though it don't make sense. I mean you take my Severe TBI, yet it is rated together with Migraines, WTH!!!

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Yeah I understand that part of it. I just don't see how they both add up to 0% on each. Im not giving in just yet. Not while I can still fight.

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This case seems to explain pyramiding when applied to GERD and IBS ratings:

http://www.va.gov/vetapp09/files2/0919318.txt

(this vet was awarded 60% for combined GERD and IBS)

It pays to make sure they used the correct diagnostic codes on this stuff. I bet they rated your IBS wrong.

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Absolutely.....continue the fight!

You know SSDI factors in when anyone ,whose main occupation requires the use of their hands..and that is almost everyone.

You made some very good points here, to get this stuff documented with all gov agencies.

They might have deferred TDIU and will enclose the TDIU form with the decision....

"Increased evaluation of GERD with irritable bowel syndrome is denied. Hold on those two are now rated together."

?????

Has VA ever had you on long terms NSAID use ( ibuprophen , aspirin, etc )

That can be a cause of GERD as well as other factors.

I dont get it.... one regards one end and one regards the other end,,if you catch my drift....

But you did WELL and the award letter will reveal more enlightenment!

( meaning more to fight with)

No Berta because I am still employed they considered TDIU but denied it. With regards to the ???? The SOC states the IBS is rated under 7319 which is Irritable colon syndrome. My beef with that is I meet and met the 10% evaluation when I submitted my claim. Moderate, frequent episodes of bowel disturbance with abdominal distress. 6-10 times a day with periods of improvement and worsening. Believe me I am in distress when it hits. But heh the VA was grand and service connected the IBS at 0%.

WIth the GERD, I met the 10% with evidence, pyrosis, heartburn, dysphagia, and regurgitation every now and then. No substernal or arm or shoulder pain, at least not constantly with me. When I first filed I got service connected but they rated it 0%. I have been on reflux meds since 2008. (within 1 year of active duty) I had surgery in January 2015 because the nexium and countless others were just not cutting it. The private doc did the laparascopic fundlicpication and repaired a small hiatial hernia. In any case I state this because by the rating schedule, with two or more symptoms of the 30% I should have been rated at 10% from the get go. On technicalities, I should be rated higher, because I had to have it surgically repaired. The SOC states 7346 but the VA is not applying it correctely. The kicker is though, not perfromed during service and not performed by military or VA docs. All this is why I get so aggravated and angry.

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Oh and I noticed something to. In the decision that granted me service connection it is listed as Irritable bowel syndrome. In the denial of the higher rating in the SOC they used code 7319 which is irritable colon syndrome. But in the reasons and bases they deny it under IBS. So I'm left wondering which is it folks. Either way I got denied a higher rating.

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