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GERD secondary to service connected alcohol abuse

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grayling12

Question

If a C&P examiner states in their reason for denial that alcohol is a known trigger for GERD and more likely to cause it, can I use those notes as additional evidence to support a claim of GERD secondary to service connected alcohol abuse?
I filed initial claim as GERD secondary to PTSD meds and was denied. I didn't research the claim very well and the VSO wasn't any help, I never appealed the decision at the time, it was 5 years ago. How would I proceed with this claim now? 
Would I submit it as a new claim for GERD secondary to service connected alcohol abuse or is there some other way that I would have to file it since I already filed for GERD once before? Thanks.

This is an excerpt from my C&P exam and was used as the rationale for denying my GERD claim secondary to PTSD meds. The C&P examiner clearly makes the connection between service connected alcohol abuse and GERD as a known trigger.

c. Rationale: Veteran has gastroesophageal reflux, diagnosed by tissue biopsy of the esophagus. Veteran has risk factors other than his PTSD medications that are more likely to increase his risk of developing GERD. Veteran drinks alcohol which he reported to his primary provider is a trigger for his GERD.

(Alcohol consumption is a known trigger for GERD). Veterans PTSD meds----Buspirone, Paroxetine, Aripiprazole---- are not medications known to increase acid reflux or worsen GERD.

Thanks

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You would file as a supplementary claim on a 21-526 if you are filing based on a 'new theory of entitlement'. If you were appealing the old decision it would be on a 21-0995, 21-0996, or a full board appeal form. 

In your case, just a regular claim, submit (or notate on your claim form or 21-4138 how that particular exam/DBQ has evidence for what you are claiming. If you have the DBQ you can submit that, or just refer to your decision and the approximate date of the exam. 

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

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M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

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B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

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