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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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NMNavVet

Can hemorrhoids be linked to IBS or GERD

Question

I had listed GERD, IBS, and hemorrhoid has disabilities in my claim.  VA decision states that GERD and IBS is clearly evidenced in my private and VA medical records but no evidence in Service Treatment Records.   Now, hemorrhoids is listed as evidenced in my Service Treatment Records, but nothing in private or VA records.  Because hemorrhoids is found in my service record, how can I establish an link to the private and VA evidences concerning GERD and IBS.   

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First things first, were you granted service connection for the GERD or IBS?  

If you are a GW vet with qualifying service you may be able to claim it as presumptive.  You'll need to check the regs for the particulars on it to see if that applies.

Please post a redacted copy (no personal info) of the letter for the good folks here to view and that will make it easier to help you.

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The following is from the VA Decision dated September 6, 2016:

6. Service Connection for hemorrhoids due to contaminated water at Camp Lejeune.

We received your statement indicating that you are seeking service connection for hemorrhoids due to contaminated water at Camp Lejeune.  Based on the evidence of record, we concede exposure to contaminated water at Camp Lejeune.

Service Treatment Records show that hemorrhoids manifested while in service.

VAMC records and the medical evidence received do not show that you have hemorrhoids.

 My thoughts:  I am not a medical expert, but is hemorrhoids an symptoms of GERD and IBS?  Truthfully, I did not know that hemorrhoids was in my service records and having listed has manifested in the service does make it a great start.  Now I just need to connect to my VAMC and private medical records

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4 hours ago, NMNavVet said:

The following is from the VA Decision dated September 6, 2016:

6. Service Connection for hemorrhoids due to contaminated water at Camp Lejeune.

We received your statement indicating that you are seeking service connection for hemorrhoids due to contaminated water at Camp Lejeune.  Based on the evidence of record, we concede exposure to contaminated water at Camp Lejeune.

Service Treatment Records show that hemorrhoids manifested while in service.

VAMC records and the medical evidence received do not show that you have hemorrhoids.

 My thoughts:  I am not a medical expert, but is hemorrhoids an symptoms of GERD and IBS?  Truthfully, I did not know that hemorrhoids was in my service records and having listed has manifested in the service does make it a great start.  Now I just need to connect to my VAMC and private medical records

You'll need this to obtain SC:
1. Event in service: Got that -- ie.exposure to contaminated water at Camp Lejune, listed in STR's
2. Current diagnosis: VA is saying you don't have this yet
3. Nexus/connection of 1 and 2, direct/secondary/presumptive

It might be a stretch for a doc to opine that roids are secondary to GERD, but it would be more reasonable for a doc to say IBS caused the roids.

My recommendation:
1. Go through your STR's and VAMC/private medical records, locate every instance where roids are mentioned
2. If you do not yet have a current diagnosis, go to your doc and get them checked objectively, noted, etc... Not fun... If your doc is willing to opine that the roids are "as likely as not", "more/most likely", or are "due to" your IBS, then that would be a big plus.
3. Submit each diagnosed record (including the roid nexus) to the VA

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I appreciate your wisdom and knowledge in providing me some direction.  This includes, all of those vets who have experienced this complex process and willingly provide many of us with guidance.  on the above subject, I will review my records and get back with all of you.  thank you. be back. 

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2 hours ago, NMNavVet said:

I appreciate your wisdom and knowledge in providing me some direction.  This includes, all of those vets who have experienced this complex process and willingly provide many of us with guidance.  on the above subject, I will review my records and get back with all of you.  thank you. be back. 

Thank you for the kind comments.

We are or were in the similar boat of VA red tape at some point or another and it is not easy to wade through it alone. I hope you are able to find something promising. Good luck!

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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