Supplemental claim denied ‘gerd’

[SergeantQ]

post removed

 

 

 

 

 

Edited August 7, 2022 by SergeantQ
post removed

[broncovet]

My eyes are not good, so I had trouble reading this.  So, please dont fault me if I read something wrong, because I cant read it all..its blurry, and I need cataract surgery.  

However, it appears you were denied because you lack a nexus.  A nexus is a statement from your doctor that your Gerd is "at least as likely as not" related to medications or otherwise related to Service connected anemia.  

DBQ, or NO DBQ, you have to have a nexus.  If your doctor did not say pretty much what I put in quotes, above, you are gonna likely be denied.  

To fix this you need a nexus.  

It sounds like you have made similar mistakes to those I made.  You start figuring percentages, and then forget all about the nexus.  Thats like expecting a win if you go to the race track, and forget to bring your race car.  

So, if your doctor DID provide a nexus statment, and I could not read it because it was blurry, then you should appeal.  

If your doctor did NOT provide a nexus statement, then you should appeal AND likely get an IMO/IME doc that will provide a valid nexus statement.  Maybe others can read this.

[Vync]

@SergeantQ The VA does not recognize anemia as a cause of GERD. However, if you are SC for another condition (especially musculoskeletal disabilities), check the side effect listing of meds used to treat it. NSAIDs like ibuprofen (the Army's favorite) or naproxen are common causes if used long term. They jack up the GI tract. Just use some caution because they are also not the best thing for your heart. GERD can also be caused by heliobacter pylori bacterial infection which is easily treated. Sometimes the VA will test for that test to deny vets.

[SergeantQ]

Thanks, yes I have a nexus but I didn’t upload it. I’m in my mobile phone. 
 

Seems off putting if the examiner completed the dbq in this way for the rater to only deny. Usually, the examiner makes the call then the rater cosigns. 

[Dustoff1970]

If for some reason you cannot get the important doctor's nexus opinion to support your GERD claim then you will and should anyway provide proof in the form of medical treatise and research studies from reputable institutions such as MAYO Clinic and many others that the side effects of the VA medications you take cause and aggravates your GERD symptoms.  I just did this successfully.

I have successfully used this contention along with other arguments to win at least one appeal and a very recent GERD at 60% claim due to the VA PTSD medications and my long-term PTSD.  From start to finish the claim took only 20 days and was based upon my long term VA medical records to include strong VA PTSD medication prescriptions for both MY PTSD and GERD of many many years.  I had no doctor's nexus opinion to support my claim.

I submitted the above evidence (copies only) and treatise research studies with both my claim and to the QTC nurse examiner in writing and oral statements at the exam that was only one hour with a review of my medical records.  Done and finished.  Again, I had no doctor's nexus statement connecting me to the research studies I submitted with the claim or to the examiner.  

Here is just one of several CAVC court decisions granting a vet's appeal based upon these research studies and without a doctor's nexus opinion. See below

I have for over a period of 30 years also read many BVA appeal decisions granting a vet his claim based on these research studies and without a doctor's nexus statement connecting him or her to the studies.

Anyone who tells you this is not possible is being deceitful.  A Google search will reveal these studies and also side effects of your particular medications.

By all means get a doctor's nexus opinion if you can but all is not lost without one. 

1.BVA Decision: Citation No: 1644123 Date 11/21/16 
"The United States Court of Appeals for Federal Circuit (the Federal Circuit) held that "[a] veteran with a competent medical diagnosis of a current disorder may invoke an accepted medical treatise in order to establish the required nexus; in an appropriate case it should not be necessary to obtain the services of medical personnel to show how the treatise applies to his [or her] case."  Hensley v. West, 212 F.3d 1255, 1265 (2000)". 
2. Court of Appeals for Veterans Claims(CAVC):  Wallin v. West,11 Vet.App. 509,514 (1998). 
3. CAVC: Sacks v. West,11 Vet.App. 314,317(1998)
4. Federal Circuit: Hensley v. West, 212 F.3d,  
"A veteran with a competent medical diagnosis of a current disorder may invoke an accepted medical treatise in order to establish the required nexus; in an appropriate case it should not be necessary to obtain the services of medical personnel to show how the treatise applies to his case." 

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

Edited August 3, 2022 by Dustoff 11

[SergeantQ]

You just took me off life support! I have been revived! Thanks so much for the advice. I’m headed to do more research.

Edited August 3, 2022 by SergeantQ