DEFERRED ITEMS COMPLETED - BETTER THAN EXPECTED

[Galen Rogers]

Howdy All,

I just recently found out that the deferred items from my claim from Dec 2017 were finally completed. I actually fared better than I expected. They approved all of the deferred sort of. One was approved with 0%, my exercised induced asthma was combined with my sleep apnea, and my irritable bowel syndrome was combined with my reflux. My total rating went from 40% to 90% with the effective date of 29 Dec 2017 (so that will be 12 mos of retro back pay). Here is the final tally as it stands now:

hemorrhoids 0% Service Connected 12/29/2017

plantar fasciitis, bilateral 30% Service Connected 12/29/2017

cervical spine degenerative disc disease 30% Service Connected 12/29/2017

allergic rhinitis 0% Service Connected 03/01/2000

sinusitis with retention cyst 30% Service Connected 12/29/2017

tinnitus 10% Service Connected 12/29/2017

thoracic outlet syndrome, left upper extremity 10%  Service  Connected 10/26/2001

thoracic outlet syndrome, right upper extremity 10% Service Connected 10/26/2001

gastroesophageal reflux disorder with irritable bowel syndrome 10% Service Connected 03/01/2000 

obstructive sleep apnea with asthma 50% Service Connected 12/29/2017

complex tear of the right knee medial and lateral meniscus, popliteal cyst, and osteoarthritis (previously rated as surgical repair of medial meniscus tear, right knee)10% Service Connected 10/01/2001

left knee anterior cruciate ligament rupture with tearing of the medial meniscus with osteoarthritis 10% Service Connected 12/29/2017

lumbar degenerative disc disease, disc rupture Not Service Connected

I am submitting a NOD on the lower back denial, the denial of my request to increase my right knee rating and the rating for my left knee, and the denial of my request to increase the rating for my reflux. I also need to research the combining the reflux and irritable bowel. I want to thank this site and all the folks who have posted on the various topics and especially all of you that have answered my various questions over the last couple years.

[Berta]

WOW that is Wonderful News Galen-

Yeah- NOD anything you feel is wrong-I am surprised that they combined the reflux with the IBS....?

If you can- scan the decision and attach it here- cover C file # , name , address prior to scanning it.

You did Very well- so far!

 

[Berta]

 

This case holds some GERD/IBS rating info-

https://www.va.gov/vetapp16/files1/1606375.txt

And there are many more if you do a search at

https://www.index.va.gov/search/va/bva.jsp   For IBS GERD in the main search area.

I guess if a vet had IBS rating SC , and then claimed GERD due to continuous VA  prescribed NSAIDS, the VA would rate the GERD as secondary and not combine.......?

[Galen Rogers]

Berta thanks for the links. I did review the CFR and a couple of VBA citations on the GERD/IBS combining question. The CFR basically says they have to rate the one that is the worst since both are part of the digestive system. Part of the NOD I'm submitting will include a disagreement with the 10% rating for the GERD. My symptoms exceed what the 30% criteria is.

I will upload the decision letter once I get back to the U.S. after my vacation here in the Philippines.  First time back with the wife since 1984.

Again thanks for the help as always!

 

[Vync]

Congratulations on your wins!

The asthma/SA were combined due to the pyramiding rule. You'll get a single rating from the higher of the two. Same deal for IBS/GERD.

I'm glad you filed a NOD for the back, knee, and GERD.

Did you file for radiculopathy? It is common when you have cervical or lumbar disabilities. It causes numbness, tingling, burning, or pain on affected extremities. You could file for it as secondary if reflected in your records.

[Galen Rogers]

On 1/16/2019 at 7:59 AM, Berta said:

WOW that is Wonderful News Galen-

Yeah- NOD anything you feel is wrong-I am surprised that they combined the reflux with the IBS....?

If you can- scan the decision and attach it here- cover C file # , name , address prior to scanning it.

You did Very well- so far!

 

Berta,

Here it is.

VA Decision 01-10-2019 Redacted.pdf