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.

[Vync]

15 hours ago, Justaskpat said:

If they were rating only on GERD for the highest rating, they would not mention the IBS or it's symptoms. They went into great detail regarding the IBS symptoms and stated the above comment re "productive of severe impairment of health" and because of that they increased to the highest % for GERD.

What was your initial rating for IBS? for GERD?  Just curious. you ended up with GERD at 30%, correct?

I got the initial 10% and appealed because they completely overlooked the symptoms that qualified me for 30%, just like the veteran did in her BVA appeal. I'm at 30% now for the combo of GERD/IBS.

[Justaskpat]

1 hour ago, Vync said:

got the initial 10%

 

1 hour ago, Vync said:

30% now for the combo of GERD/IBS

If you had 30% initially and appealed and they then gave you credit for symptoms previously overlooked, I'll bet they would have kicked you up to 60%. I think we are saying the same thing in two different ways. I didn't get SC for GERD or IBS when I retired. It will be interesting to see what happens. I'll let you know! from the sound of it, it could be awhile before the CUE review is completed.

[Vync]

2 hours ago, Justaskpat said:

If you had 30% initially and appealed and they then gave you credit for symptoms previously overlooked, I'll bet they would have kicked you up to 60%. I think we are saying the same thing in two different ways. I didn't get SC for GERD or IBS when I retired. It will be interesting to see what happens. I'll let you know! from the sound of it, it could be awhile before the CUE review is completed.

I didn't meet the criteria for 60%:

Quote

Symptoms of pain, vomiting, material weight loss and hematemesis or melena with moderate anemia; or other symptom combinations productive of severe impairment of health

That criteria is a two-parter, meaning you can qualify if you meet the criteria of either part:

 

Either this:

Quote

Symptoms of pain, vomiting, material weight loss and hematemesis or melena with moderate anemia;

Yes, I get periodic pain and vomiting, but nothing else. 

 

Or this:

Quote

or other symptom combinations productive of severe impairment of health

It doesn't keep me out of work more than just a couple of random days per year. The lady in the BVA appeal was out of work for weeks at a time

[Justaskpat]

22 hours ago, Vync said:

I didn't meet the criteria for 60%:

were your IBS symptoms bad, compared to 7319?

[Vync]

2 hours ago, Justaskpat said:

were your IBS symptoms bad, compared to 7319?

I wasn't anemic, no weight loss, and it didn't have a much impact my ability to work. Thank goodness that my employer gave me reasonable accommodation moved my work area much closer to the restrooms.

[Justaskpat]

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 you 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 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.

Edited November 19, 2019 by Justaskpat
corrected typos