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REVISED GERD / IBS CUE, March 23, 2011 decision

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Justaskpat

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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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On 9/25/2019 at 9:49 PM, GeekySquid said:

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

quick question, should I name the exhibit, or not?  for instance, should it be exactly as you described above  

"Exhibit 1, page 2 para 3, Line 4"  

OR is this acceptable? 

Exhibit 1, C&P Report dated March 23, 2011, page 2 para 3, Line 4

The first way looks much cleaner, but when I think of doing it that way, Berta's words echo in my head, paraphrased,

some of those guys (raters) can barely even read...

 

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17 hours ago, Justaskpat said:

should I name the exhibit, or not? 

yes.

Properly identifying your evidence documents, whether you call them exhibits or enclosures, is essential in properly citing them and leading the rater to exactly which document and which page/para you want them to be reading.

The last thing you want to do is give them reason to dig through piles of unrelated crap, who knows what they may latch onto to deny your CUE

The rules for "properly" citing something are fairly similar no matter what standard of style is used.

Initial time in a document.

List full title--- Exhibit 1, C&P Exam Dated XXXXXX, p. 1, para, 2. says in part "....blah blah blah..."

If you have multiple places to use Exhibit 1 in the same document, the rest of the entries are Exhibit 1, p. 2, para 4 says in part "....blah blah blah...."

If you have multiple exhibits supporting the same thing if they are the same type of record it is a little different.

For example if you arguing Hearing Loss. you will likely have multiple military hearing tests as exhibits.

If you write "C&P Dr. xxxx states in part "...veteran can hear fine..." and your have multiple military hearing tests that say different you write

Exhibits 2 to 12, Military Hearing tests 1980 to 2012, show marked hearing loss and OSHA STS.

you don't necessarily have to go to the specific line unless that line is in a long long paragraph and only that line is important. Besides going that low can lead the reader to the wrong sentence.

that is why you use the phrase "states in part "...blah blah blah...""

that blah blah blah is the line you want them to read and tells the reviewer this specific thing is what is important for you to read/grasp.

 

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