HLR for Barrett's and Hiatal Hernia

[Carl Bacon]

Well,

I waited as long as practical, but I just submitted an online (all of 2 minutes) HLR for my denied Barrett's and Hiatal Hernia of Jun 4, 2021.  I was waiting for my C-File to come to see the exams etc., but it has not arrived yet.

Both were claimed by me as secondary to my medications for HBP, DDD and DJD of spine, etc.  I was denied because the Barrett's and Hiatal Hernia was not related to the conditions of HBP, DDD and DJD of spine, etc., etc.  

I am unsure if "conditions of" is the same or not the same as caused by medications.  And I will express that to the caller when I have my phone meeting.

That and the fact that I do not have access to my exams and evaluations (opinions) from the third pary examiners.

Wish me luck,

Carl

Then if denied, supplemental.  Hopefully I will have the C-File by then.

Edited May 3 by Carl Bacon
cause I can

[GBArmy]

GERD and Barrett's can definitely be linked to meds. Get a good IMO. 

[Vync]

Have you been taking NSAIDs for a long time to help alleviate your DDD/DJD? GERD is a very common side effect of long term NSAID use.

[Carl Bacon]

2 hours ago, Vync said:

Have you been taking NSAIDs for a long time to help alleviate your DDD/DJD? GERD is a very common side effect of long term NSAID use.

2004ish, give or take.....

Carl

[Carl Bacon]

3 hours ago, GBArmy said:

GERD and Barrett's can definitely be linked to meds. Get a good IMO. 

That's the rub.  I can not see if the examiners or raters mentioned medications in the evaluation of my "conditions".

No C-File yet,

Carl

Buying time...........HLR.............

[GBArmy]

IMHO, you don't have to have the origin or or cause of the GERD/Barrett's in your VA records; just the diagnosis and hopefully, prescribed meds. You can get the nexus from an outside Med practitioner, especially a specialist. Provide "some" med records to them so they can state they have "reviewed your med files." Note that the diagnostic code is likely going to change soon, so be smart on timing.

[Vync]

@Carl BaconI encountered the same with my heart attack claim in 2019 - twice. The first C&P doc completely overlooked the side effects of medications prescribed to treat SC disabilities. I ended up getting a strong IMO and then sent in a supplemental. The second C&P (LHI NP) made not only the same mistake, but also opined on the wrong condition. I then went HLR/CUE and the DRO was kind of shocked at how much was actually overlooked. I ended up winning.

But with HLR supposedly not allowing any new evidence, you could consider approaching it like a CUE where to simply tell them that the C&P examiner failed to consider side effects of NSAIDs and other meds to treat your SC spine issues. If they were competent, I would expect them to send it back for clarification of the C&P or maybe one done by a GI specialist. If they accept your assertion that side effects of the meds were overlooked, I also would hope they would then entertain new and material evidence submitted by your doc/medical records.