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HadIt.com Anniversary 24 years on Jan 20, 2021
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Denied GERD increase, Possible NOD?


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Hello all, A bit about my situation. I was rated TDIU and recently filed for an increase on some issues that the BVA denied. I was increased from 10% to 40% each knee, and 10% to 20% for lower back. This put me in the 100% P&T threshold. I also filed for an increase with my Hiatal Hernia. Below is there reasoning for denying an increase of GERD. They list all but one contention that would need to be met,  but what they fail to understand is I have constant arm/ shoulder/ upper chest pain from an AC separation which I am also service connected for. So when asked my symptoms I would have never guessed besides having upper chest pains that my arms and shoulder would be effected by my GURD considering I had considerable pain there regularly. My question is should I file an NOD or just let it go and not "rock the boat" considering I am at 100 P&T? 

 

 

 

 

 

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LanceJoseph The VA does that all the time. They lowball you because they leave off addressing symptoms that will bump you up to the next rating level. 38CFR4.114 for diagnostic code 7346, which is the code used for GERD does call it out for 30% with your shoulder pain.   If the hernia causes pain, vomiting, significant weight loss, blood in the vomit or feces, and anemia, or if other symptoms cause a serious overall health disability, it is rated 60%. If there are regular episodes of pain in the upper abdomen, trouble swallowing, heartburn, the return of food into the back of the throat/mouth, and pain in the upper arm or shoulder, it is rated 30%. If two or more of the previous symptoms are present, but are not as severe, it is rated 10.    

 

I would go for HLR and show that they didn't consider the evidence of your S=C shoulder and pain.

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Well, I wouldnt put up with the VA's BS if not for the money.  So, altho Im not afraid of reductions, I say let them take on another Vets issues, not mine.  Exception, of course is if this could mean SMC S statuatory for you.  And I dont know that, because I dont know if you qualify with a "single" 100 percent for tdiu.  

 

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