Supplemental Claim question

[ronnieusmc0311]

Hello everyone,  I was denied a secondary service connection for Acid reflex/GERD. I made it secondary to Asthma (medications). The nexus letter from my private doctor kinda screwed things up along with the VA examiner saying that my Asthma was not the cause of my Acid reflex/GERD (I was basing it off of medications not Asthma). At the moment, I am having trouble from my Asthma specialist and GI specialist with getting a nexus letter, they both are saying my meds do not or seldomly contribute to the development of acid reflex/GERD. I have showed them multiple studies that prove otherwise and they still refuse to right a substantial letter, only willing to write a one sentence letter....jeez. I have researched the Gulf War syndrome claim, I have deployed to OEF in 2010-2011, in which I was diagnosed with Asthma when I returned. My acid reflex/Gerd symptoms started shortly after that, I always assumed the medications I was taking, from albuterol, prednisone and constant ibuprofen and Toradol (NSAIDS). I am now thinking to go the Gulf war syndrome route. My question is, I plan on submitting new information in a supplemental claim, what should I do if the claim was asthma meds secondary to GERD but now I wanna include it could be the meds and or my time overseas? I feel like this is a cluster F.  Any help is appreciated.

[ShrekTheTank]

Ok so I think this is a case of making it too pointed at one thing.  I am going after mine just as a whole and letting them figure out where it fits.  I believe I have seen a bunch of people from OIF/OEF who have gotten claims for GERD.  either secondary to IBS or a direct connection.  Do you have it documented in your C-FIle of where you got checked for the symptoms of GERD?  If so then this would be a direct connection and not a secondary.  

Check you file and see if you do and try to go at it from the front and not the back.  

[ronnieusmc0311]

31 minutes ago, shrekthetank1 said:

Ok so I think this is a case of making it too pointed at one thing.  I am going after mine just as a whole and letting them figure out where it fits.  I believe I have seen a bunch of people from OIF/OEF who have gotten claims for GERD.  either secondary to IBS or a direct connection.  Do you have it documented in your C-FIle of where you got checked for the symptoms of GERD?  If so then this would be a direct connection and not a secondary.  

Check you file and see if you do and try to go at it from the front and not the back. 

I agree, i think it crashed because of being to specific to one thing. It definitely is in my c-file. When I medically retired in 2012, I mentioned it and they gave me omeprazole. I took it only for a couple months. I have brought it up multiple times at Va appointments. They did see that info and brought it up at my C&P exam. I have never brought up IBS but I have and sometimes do experience it even with a healthy diet I'm on. My wife is gonna write a lay evidence letter, so will I and I will mention I believe it is a combination of the meds I am on and have taken for long periods and my deployment. I don't know if this is the right way but at this point the whole claim is a mess.

Edited January 3, 2020 by ronnieusmc0311

[ShrekTheTank]

Are you ready to appeal? If so you can fix it there. Redirect them!  Make sure you have checked all presumptive conditions and put them all In!  

What stage are you at?

[ronnieusmc0311]

58 minutes ago, shrekthetank1 said:

Are you ready to appeal? If so you can fix it there. Redirect them!  Make sure you have checked all presumptive conditions and put them all In!  

What stage are you at?

Well, I dunno what to do next. I'm thinking I should do a supplemental claim to clarify things and add lay evidence. Like I said, I'm not sure if I should say that I believe it is my meds and or something that developed after deployment (OEF). I know I meet the presumptive conditions its all there. Some people say I should do a supplement claim others say go to appeals...I was hoping appeals would be my last resort. Can you see the cluster I'm in? lol. Thanks for the responses Shrek!

[ronnieusmc0311]

Cause the claim started out as Acid Reflex/GERD secondary to Asthma, that was the title but I said Asthma Meds, now Im saying it could be something from Gulf War syndrome..

[ShrekTheTank]

You can try to fix it and each way has it’s problems like you said.  You can try the supplemental. And then appeal. Which will probably happen. 

Make sure you do your research and pick what fits the best way forward. 

Personally I would go with the presumptive as I has worked for me.