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Ramp Ape

Gerd DENIED, next move?

Question

750947308_GERDDENREDACT1.thumb.jpg.fcccff822e9adb4b17deed8402623c55.jpgI recieved my denial letter for GERD secondary to DDD, what would y'all recommend my next course of action?829973154_GERDDENREDACTPG2.thumb.jpg.8ac57fd4e32f5cd4290e1a38d89216a2.jpg

GERD NEX REDACT.jpg

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This section of the rating decision which matters for service-connection (SC).

Quote

Dr. Filner provided a statement contending your gastroesophageal reflux disease is related to anti-inflammatory medication used for your service connected degnerative disc disease, L3-4 with intervertebral disc syndrome. The statement does not contain required language of a medical opinion nor the specific medication used (38 CFR 4.6)

They looked at DBQ at SECTION VIII - REMARKS: "His service in the military contributed to his severe GERD".

That is very vague and does not contain sufficient medical rationale.

 

For a better idea of what they look form please check out this article on VA's M21-1 web site:

M21-1, Part III, Subpart iv, Chapter 3, Section D - Examination Reports

Article ID: 554400000015812

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000015812/M21-1-Part-III-Subpart-iv-Chapter-3-Section-D-Examination-Reports?query=examination

 

Because you are working to get secondary SC, the nexus must be specific and tie your current disability (back) or the side effects of meds used to treat it (NSAIDs) to your current gastro issue.

Here are a few elements that are missing (see the M21-1 link for VA details):
1. What NSAIDs are prescribed for your back?
2. What are the side effects of the NSAIDs you are taking?
3. Are your gastro issues related to NSAID side effects?
4. And the VA's preferred nexus jargon:.

50%/50% As likely as not due to
75% more/most likely due to
100% caused by/due to

That last question should be reinforced by medical rationale to tie NSAID use to your gastro issues. When I filed my gastro claim, I included the paperwork that came with the medication and noted the side effects I was experiencing. 

 

This information does not necessarily have to be submitted on another DBQ. It might be easier if they can write a separate letter on their office letterhead, but be sure they indicate they are clarifying their findings on the DBQ dated MM/DD/YYYY. 

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I included his Nexus letter in my first post, I should have added it to the DBQ post, my bad.

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Nexus letter from Dr.

GERD NEX REDACT.jpg

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That nexus looks very good, except it only refers to "high dose NSAIDs". It never mentions which NSAIDs you were taking. Your pharmacy can print out a list of medications you were prescribed and provide that to the VA. Include a statement indicating which meds are NSAIDs. It would not hurt to get the doctor to write an addendum letter indicating the meds that were prescribed, doses, and how long they have been given.

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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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