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Justaskpat

REVISED GERD / IBS CUE, March 23, 2011 decision

Question

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

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6 hours ago, GeekySquid said:

i would never intentionally offend you

I know you never would my friend!

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9 hours ago, doc25 said:

Ratings under diagnostic codes 7301 to 7329, inclusive, 7331, 7342, and 7345 to 7348 inclusive will not be combined with each other.

Hi and thanks. When I read this part of the law when I was researching before I started, it sounded to me as if the two codes 7319 & 7346 could not be combined. "will not be combined with each other". I guess I have it completely backwards. Thanks for pointing this out. I will delve into the link you provided. As for "what I want to hear" - there is no what I "want" to hear. I'm here to learn and open to everything, good bad and in between. Thanks so much for taking the time.

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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.

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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

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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.

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    • 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
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


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