HLR for Barrett's and Hiatal Hernia

[Carl the Engineer]

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, 2022 by Carl Bacon
cause I can

[El Train]

Some of these examiners can't put 2+2 together.  Unfortunately, this is where a third party medical opinion can help them out.  I went this route.  In the end, I got a whopping 0% for it and IBS Gulf War Presumptive.  At least it's service connected and I get meds for it.  Sure, I could fight it for an increase except I'm 100% P&T with SMC-s.

[Dustoff1970]

Gerd and Hiatal Hernia are rated under same DC Code and I just very recently within 20 days of filing received 60% for Gerd and 10% for Tinnitus from the VARO adjudicator and I did not have  the nice to have doctor's nexus opinion statement for these two recent grants.

As with many vets I have no luck with VA doctors writing a nexus statement for me and depend on their notes and nurses notes in the treatment records, etc.

I submitted my VA records (extra copies) from 1985 to present day showing numerous diagnosis over the years by VA doctors/nurses of GERD and taking VA prescribed GERD medications continuous since 2000.  I claimed that (1) my GERD was secondary to long term VA VN PTSD and PTSD medications, (2) GERD was secondary to my VA OSA Sleep Apnea and (3) GERD was secondary to my VA AO IHD/CAD heart disease and the VA medications for high BP and Cholesterol.

I also claimed direct service connection and submitted 1970 copies of Army medical records from Vietnam and Japan showing prescribed medications for several months of antibiotic Tetracycline and also Valium and Seconal for combat stress and sleep plus the PH and CMB awards and description of my repeated combat incidents in Nam and stated my GERD symptoms started in Nam and became much worse in 1985 when admitted and diagnosed for PTSD at Texas VA hospital where I received initial 50% rating for PTSD.

Also provided copies of medical reports, studies and treatise from Mayo Clinic, NIH, Cleveland Clinic, and others proving that extreme stress, prolonged stress, antidepressant medications, antibiotics, BP medications and Sleep Apnea all cause and aggravates GERD. This info can easily be found with Google search.

A 1 hour C&P exam was done by QTC. I showed all the above evidence to the examiner.. As with my other previous pro se  successful claims and appeals I presented to VARO a very well organized in logical order packet containing the above documents divided into different sections along with easy to read typed forms and statements in support of claims.

As with the other claims and appeals all of this was fun for me to do as a retired accountant and commercial pilot.

I feel extremely confident I would have won these claims on appeal to BVA if it was necessary to do so. The proof of this is in the pudding.  I got a surprise 60% for GERD. Good luck.

My comment is not legal advice as I am not a lawyer, paralegal or VSO. What works for me may not work for others.

P&T 100% since 1998 plus now SMC-S

These guys are the best of the best and did the heavy lifting and suffering in large numbers in Nam.  I am honored to have saved several hundred of them from the combat zone. Bless them.

 

 

Edited May 4, 2022 by Dustoff 11

[Vync]

@Dustoff 11Now when vets file a claim for GERD, the VA now likes to start by doing a blood test for heliobacter pylori bacterial infection. It's an effort to try and point the finger at an infection. If positive, they will either try to blame it first or administer a course of antibiotics. If GERD complaints are not resolved, they will move on to doing the upper GI and so on. For those of us who are older or have been on NSAIDs for the long term, it's often too late to resolve it with simple antibiotics because the damage may already be done. However, a lot of us have been able to manage it to some degree with meds like prilosec, but it does not always work and also comes with side effects of its own. 

[Dustoff1970]

In addition to taking VA and private doctors medications for GERD since 2000 plus TUMS, ROLAIDS, ALK SELZER I find raising the head of my bed 1 and half feet also gives some relief from GERD.

MY initial VA GERD diagnosis was done at Austin, Texas VA outpatient in 2000 by a test whose name I cannot remember.  I cannot tolerate endoscope or other scopes.

Here is a copy of the Austin VA Clinic medical treatment and diagnosis of GERD in year 2000.  It pays to be a pack rat. You will notice the proof/nexus connecting my 70% PTSD to GERD in these assessment treatment notes and no formal MO anywhere.  I have many other records like this since 2000.  Cheers to the Brave.

Edited May 4, 2022 by Dustoff 11

[Carl the Engineer]

20 hours ago, El Train said:

Some of these examiners can't put 2+2 together.  Unfortunately, this is where a third party medical opinion can help them out.  I went this route.  In the end, I got a whopping 0% for it and IBS Gulf War Presumptive.  At least it's service connected and I get meds for it.  Sure, I could fight it for an increase except I'm 100% P&T with SMC-s.

Basically, like you, I just want it service connected in case it is what takes me out!

Carl

I'm service connected for Acne at 0%.  But, if it takes me out, I got that in my back pocket, just sayin...

[Carl the Engineer]

3 hours ago, Vync said:

@Dustoff 11Now when vets file a claim for GERD, the VA now likes to start by doing a blood test for heliobacter pylori bacterial infection. It's an effort to try and point the finger at an infection. If positive, they will either try to blame it first or administer a course of antibiotics. If GERD complaints are not resolved, they will move on to doing the upper GI and so on. For those of us who are older or have been on NSAIDs for the long term, it's often too late to resolve it with simple antibiotics because the damage may already be done. However, a lot of us have been able to manage it to some degree with meds like prilosec, but it does not always work and also comes with side effects of its own. 

I had the upper through VA medical and it showed Barrett's and the Hernia.  So, I have it and they know that.  They also prescribed the medicine for over 15 years, so they know that too.  It's the link from the medicine to the condition that I am missing. 

If the HLR is denied, then I will get a private medical opinion.

Thanks,

Carl