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Two separate diseases rated together

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deckie69

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deckie69 Rookie

deckie69

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Hello everyone I'm a longtime lurker first time poster.

I have two two diseases that the VA has combined for a rating of 10%/Crohn's Disease with mesenteric panniculitis.

My question is I think these are separate contentions and should be rated separately am I correct in thinking that?
They have some of the same symptoms but are definitely not the same.
 

How should I go about getting this fixed if I am assuming correctly that they should be separate?

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Navy04
Navy04

Sorry to say bud, but they are grouped together. I have 30% for Severe Crohn's Disease and Barretts Esophagus. These two are totally treated differently, yet as you can see the VA put them together du

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§4.113   Coexisting abdominal conditions. There are diseases of the digestive system, particularly within the abdomen, which, while differing in the site of pathology, produce a common disability

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Navy04 Grand Master

Navy04

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Sorry to say bud, but they are grouped together. I have 30% for Severe Crohn's Disease and Barretts Esophagus. These two are totally treated differently, yet as you can see the VA put them together due to both being in same family of conditions. For example my Migraines is 50% and that includes TBI. You can always submit a claim for these to be Increased if they are bad enough, or apply for another Secondary Condition. 

100% PTSD

100% Back

60% Bladder Issues

50% Migraines 
30% Crohn's Disease

30% R Shoulder

20% Radiculopathy, Left lower    10% Radiculopathy, Right lower 
10% L Knee  10% R Knee Surgery 2005&2007
10% Asthma
10% Tinnitus
10% Damage of Cranial Nerve II

10% Scars

SMC S

SMC K

OEF/OIF VET     100% VA P&T, Post 911 Caregiver, SSDI

 

 

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§4.113   Coexisting abdominal conditions.

There are diseases of the digestive system, particularly within the abdomen, which, while differing in the site of pathology, produce a common disability picture characterized in the main by varying degrees of abdominal distress or pain, anemia and disturbances in nutrition. Consequently, certain coexisting diseases in this area, as indicated in the instruction under the title “Diseases of the Digestive System,” do not lend themselves to distinct and separate disability evaluations without violating the fundamental principle relating to pyramiding as outlined in §4.14.

http://www.ecfr.gov/cgi-bin/text-idx?SID=98da35183622f5861d11f71114e824be&mc=true&node=sg38.1.4_1104.sg6&rgn=div7

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deckie69 Rookie

deckie69

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Thank you Navy and Pete for replying to my post. That is unfortunately pretty much the answer I was expecting.  

Navy I noticed in your list of disabilities that your percentage for scars was lowered. How did the VA do that and why? 

 

Thank you,

Deckie

 

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MuggleLover Rookie

MuggleLover

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I had this happen with mental health issues. For me I believe the reason is that it is hard to separate out the symptoms of each issue...

 

since I am not knowledgable about your diagnoses, I don't know if that would be the same case as well... That maybe they're just too close or intertwined to differintiate symptoms or side effects 

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