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.

[RBrogen]

18 hours ago, Justaskpat said:

I look at other CUEs, especially the one done by @RBrogen pointed out to me by @GeekySquid, for guidance in how to prepare my CUEs. 

The problem with my 2 most important CUEs (not yet submitted to the VA) is a weird problem. In both, the GERD/IBS one posted here, and the Anxiety one (not yet posted here) is that the Decision contradicts itself and also contradicts the C&P report, not to mention ignoring evidence in my STRs.

In this GERD/IBS CUE, I pointed to these discrepancies as clearly as possible, but it still seems a bit confusing when I read through it.

@RBrogen if you have time to take a peek at my CUE, any comments would might have would be greatly appreciated as well.

I haven't seen any other CUEs where the decision contradicts itself and contradicts the C&P as well. @GeekySquid had mentioned something to me about when the Rater substitutes his own opinion for that of the Examiner's it's a no-no, but never went got back to explain what he was thinking and I haven't heard from him for over a month now.  Has anyone heard from him? I hope he is OK.

@Berta I don't know if you've had the time to take a second glance at my CUE yet?  Would you happen to know what @GeekySquid may have been referring to? Thanks everyone.

Hey @Justaskpat,  I responded to this with detail but wasn't logged in so I think the moderator has to approve the post.

[Justaskpat]

21 minutes ago, RBrogen said:

I responded to this with detail

Thanks RBrogen!  I'm looking forward to reading your response.