AGAIN SUCCESS & SURPRISE GERD, TINNITUS

[Dustoff1970]

AS of few days ago I received a 60% rating and 10% rating for GERD (60%), TINNITUS (10%) from a VARO initial claim filing.  This is on top of recent OSA Sleep Apnea appeal grant from BVA of 50% due to PTSD and automatic SMC-S rating with 5 years back pay.  My GERD 60% rating was secondary to long term PTSD and PTSD medications since 1985 and gerd diagnosis with continuous VA medications since 2000. Although I suffer from serious GERD the 60% rating did surprise me pleasantly.  My TINNITUS 10% was direct service connected due 1970 Vietnam combat involving Army medevac helicopter flaming shoot down crash near LZ Uplift resulting in a Purple Heart and Combat Medical Badge for a leg wound and head concussion.  Additionally I was almost blown up by a "friendly fire" large nearby explosion from ARVN artillery and near constant exposure without ear protection to 3 GUN ARVN Artillery battery fire within a few feet of a medevac crew quarters at LZ English.  According to normal math and not VA math my combined total disabilities are now 220%.  My two separate QTC C&P examiners did right by me in these claims.

Of the 7 or 8 major claims I have filed pro se since 1985 this is first initial large disability rating I received from VARO rater without having to appeal or file for increase.

I am now P&T 100% scheduler and not depending on unprotected P&T TDIU rating anymore.  This good news to me will disappoint some watchers from another forum location (not this forum) as they always say an overweight vet who may or may not smoke/drink cannot win an OSA Sleep Apnea claim due to PTSD and by implication not entitled to a service connected OSA rating secondary to PTSD.  They also said I did not qualify fro 60% GERD unless I was skin and bones (emaciated) due to Gerd symptoms. Too bad for them.  Never give up and file and then appeal if necessary and listen to advice from experienced hands on this form but also do your own research and not rely on only one source for important info.

My comment is not legal advice as I am not a lawyer, paralegal or VSO so do not contact me folks for more info.

Edited April 29, 2022 by Dustoff 11

[El Train]

2 hours ago, Dustoff 11 said:

AS of few days ago I received a 60% rating and 10% rating for GERD (60%), TINNITUS (10%) from a VARO initial claim filing.  This is on top of recent OSA Sleep Apnea appeal grant from BVA of 50% due to PTSD and automatic SMC-S rating with 5 years back pay.  My GERD 60% rating was secondary to long term PTSD and PTSD medications since 1985 and gerd diagnosis with continuous VA medications since 2000. Although I suffer from serious GERD the 60% rating did surprise me pleasantly.  

 This good news to me will disappoint some watchers from another forum location (not this forum) as they always say an overweight vet who may or may not smoke/drink cannot win an OSA Sleep Apnea claim due to PTSD and by implication not entitled to a service connected OSA rating secondary to PTSD.  They also said I did not qualify fro 60% GERD unless I was skin and bones (emaciated) due to Gerd symptoms. Too bad for them. 

Nice!  You got rated accordingly it sounds like.  Sorry you had to battle it for so long.  Also, I have seen a few of your posts on the other site.  They're not going to be happy about being wrong. In fact, be prepared for the 'raters made a mistake excuse', so we're still not wrong. The almighty, VA is never wrong, we're current or former raters with decades of experience hypocrites.  The irony.  I wouldn't bother bantering them.  They'll just pile on and make themselves feel superior.  Been there done that.  They threatened to ban me for calling them out.  Which means they already lost the argument.

[Vync]

Congratulations! Glad you are able to finally get some peace from this.

5 hours ago, Dustoff 11 said:

This good news to me will disappoint some watchers from another forum location (not this forum) as they always say an overweight vet who may or may not smoke/drink cannot win an OSA Sleep Apnea claim due to PTSD and by implication not entitled to a service connected OSA rating secondary to PTSD.  They also said I did not qualify fro 60% GERD unless I was skin and bones (emaciated) due to Gerd symptoms. Too bad for them.  Never give up and file and then appeal if necessary and listen to advice from experienced hands on this form but also do your own research and not rely on only one source for important info.

^^^ This exactly. It definitely is redeeming when you win in the face of adversity from the VA and negative people. I love reading success stories like this. Justice has been served. 

 

 

[Carl the Engineer]

Congradulations,

Carl

FYI, there are no other sites.

[Dustoff1970]

I forgot to mention that a private doctor's medical nexus opinion was not needed by me on these two very recent claims as my extensive long term VA medical records since 1985 for GERD, PTSD, Sleep issues, etc  and Army 1970 STRs provided plenty of strong positive evidence of my diagnosis and treatment/prescriptions for serious GERD and exposure in Nam for Tinnitus. 

Also my truthful statements and two separate QTC C&P examiners notes/DBQs were instrumental in grant of benefits on initial claim by VARO examiners.  I would have easily won this claim on appeal to the BVA if denied by the VARO raters (GERD secondary to PTSD just like my OSA Sleep Apnea due to PTSD).

Contrary to what others say at other internet locations a vet does not always need the all important and helpful doctor's written letter nexus opinion if you have other positive medical and/or non medical evidence.  MY PTSD and other claims (except one) were granted based primarily only upon medical records and other evidence. If denied on initial claim then you can usually win on appeal. Keep on truckin.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.