REVISED GERD / IBS CUE, March 23, 2011 decision

[Justaskpat]

I was denied SC for IBS and GERD IN 2011. In 2019 I was awarded SC for GERD. This CUE  is for 2011, both GERD and IBS. There are some odd aspects regarding the 2011 decision, the way it was written and the C&P report and the way it was written. I've tried to present this as clearly as I can. Note: the decision contradicts itself. the decision also contradicts the C&P Report. Honestly, I think the rater just got confused because the C&P was so poorly written. *THIS CUE HAS NOT YET BEEN SUBMITTED*Please let me know what you think. Appreciate all comments and suggestions. Thanks.

11/19/19:  Uploaded additional C&P diagnoses and comments.  Uploaded 2019 C&P DBQ that resulted in SC for GERD. 

A lesson learned that I did not realize until today. In 2010, the C&P exam was for "Irritable Bowel Syndrome (IBS), also claimed as colon polypectomy and Acid Reflux (GERD)". When I sent in "new evidence" in 2018, I sent it under "GERD" only. I should have submitted the new evidence under the exact same heading as was used in 2010.

 

VA RATING DECISION MARCH 23 2011 GERD IBS.pdf C P REPORT 7312010 GERD IBS.pdf GERD IBS CUE 2011(1).pdf

C P ADDENDUM REQUEST RE DIAGNOSIS 7232010.pdf

2011 C & P GERD IBS diagnoses comments.pdf 2019 C & P Report resulting in SC GERD.pdf

Edited November 19, 2019 by Justaskpat
Uploaded 2011 C&P GERD/IBS diagnoses/comments and 2019 C&P DBQ that resulted in SC GERD.

[Justaskpat]

12 hours ago, GeekySquid said:

t contains the general suggestions and a suggestion about how to write a specific statement.

Thanks for all the great advice! and for taking the time.

[Justaskpat]

15 hours ago, doc25 said:

 You may have a CUE for getting assigned the highest rating. 

Can't thank you enough for sending me the link to that BVA case. Although I realize every case is different, it certainly appears I might just have a chance at that highest rating. I am almost finished writing the revision of the CUE. I'll post it by tomorrow, hopefully. thanks again

[Justaskpat]

On 9/9/2019 at 7:18 PM, GeekySquid said:

If you post drafts I will comment as I can.

Posted a revision just now. Thanks for all your suggestions and comments. It helped the process immensely.

[Justaskpat]

On 9/9/2019 at 11:56 PM, doc25 said:

You may have a CUE for getting assigned the highest rating. 

I just uploaded a new hopefully improved CUE for both IBS and GERD together. Thanks again.

[GeekySquid]

59 minutes ago, Justaskpat said:

Posted a revision just now.

WO,

Read the new draft quickly (between telling my clients employees that NO YOU CAN"T DO THAT for the 1000th time!!!) and frankly I am happy with the improvement.

I cannot do a detailed critique now...it may be later tonight this week.

I will say, if you choose to, this doc for the most part can go just like it is.

That said it is not as strong and clear as it should be.

You started pretty strong (but there are a couple suggestions even here), then around Exhibit 2 or 3 you started to veer off the course in terms of format and direct content.

Get the use and position of the Exhibit 1, Exhibit 2, Exhibit 3 consistent in your style and sentence position. the exhibit should be in the first couple of words of each statement. 

Exhibit 1, page 2 para 3, Line 4 says in part "...blah blah blah..."

in a few places you write 'the examiner stated" or such phrases. NO NO NO NO NO.

Don't include the wording for hiatal hernia as a law in the way you did.

State the Law Name, Code XXXX , contains the conditions analogously represented in Service Treatment Records Exhibit ,1 page 7; Exhibit 2, page 3; Exhibit 4, blah blah blah. Include that law and CODE at the top of your CUE with the other 2 laws.

You cited a BVA case, fine, List it at the top after laws, and cite properly. format as otherwise shown. states in part "...blah blah blah...blah blah....blah blah bla..."

Your Exhibit List needs a title...List of Exhibits works nifty.

In your naming use Exhibit 1(insert em dash(it is the long dash) between the number and title) My first exhibit.

Note I would put in the em dash here to show you but the interface won't let me.

Tighten it up WO, Tighten it up.

NO PERSONAL WORDS. YOU HE THEY nope dont' use them. Don't use "the examiner" nope don't do it.

You have a winning CUE, just don't blow it on format and lax writing style. I see you can write, just tighten it up and you good draft will be an amazing CUE that no reasonable reader could fail to agree with.

 

 

 

[Justaskpat]

21 hours ago, GeekySquid said:

Tighten it up WO, Tighten it up

working on this. Stand by. and thanks!