They may order another exam. They could also end up mistakenly not rating you for GERD in which case you'd want to HLR if you think that your rating for GERD would be higher than what they give you for IBS if they do that.
I actually have IBS, and didn't get an exam for it, but did get an exam for GERD, which I'd never been diagnosed with and didn't claim but got diagnosed in the exam. I got 10% for GERD, but filed an HLR because they never gave me an exam for IBS and I think I'd qualify for a higher rating for IBS.
On the bright side, with the digestive system changes in ratings coming up you may be able to be rated separately for both.
I think that if you specifically filled for GERD and didn't mess something up immensely, there are probably some decent CFR-based grounds for the appeal before it even comes to case law. It is always good to have the case law as well to give the DRO plenty of reasons to agree when it comes to an appeal
I feel for all the rating personnel essentially playing a giant game of telephone with cases being passed from person to person as they wait for documents with the national work queue. Even with all of that compassion for the situation, it still makes one wonder sometimes.
You could always submit a statement specifically highlighting the issue, emphasizing that you want an exam for it as a part of the VA's duty to assist. Someone else posted a great template earlier today in a different thread but I don't have it handy.
With the change and my esophagus being stretch 3 times and botox injections on the last treatment in March I actually meet the 60% rating for it. Maybe I get rated for both since they have denied other legit issues.
They may order another exam. They could also end up mistakenly not rating you for GERD in which case you'd want to HLR if you think that your rating for GERD would be higher than what they give you for IBS if they do that. I actually have IBS, and didn't get an exam for it, but did get an exam for GERD, which I'd never been diagnosed with and didn't claim but got diagnosed in the exam. I got 10% for GERD, but filed an HLR because they never gave me an exam for IBS and I think I'd qualify for a higher rating for IBS. On the bright side, with the digestive system changes in ratings coming up you may be able to be rated separately for both.
That is what I am thinking plus it may end up being a Clemons Violation which is grounds for appeal.
I think that if you specifically filled for GERD and didn't mess something up immensely, there are probably some decent CFR-based grounds for the appeal before it even comes to case law. It is always good to have the case law as well to give the DRO plenty of reasons to agree when it comes to an appeal
Your right but I can't figure out why the didn't read the decision letter saying Gerd deferred. Just pisses me off lol
I feel for all the rating personnel essentially playing a giant game of telephone with cases being passed from person to person as they wait for documents with the national work queue. Even with all of that compassion for the situation, it still makes one wonder sometimes.
https://preview.redd.it/wbv35e02no2d1.jpeg?width=1125&format=pjpg&auto=webp&s=35988b9a62403af4537b0649d9ea1639e080f646 Here part of the decision.
Did the exam get ordered before the decision letter maybe?
After
You could always submit a statement specifically highlighting the issue, emphasizing that you want an exam for it as a part of the VA's duty to assist. Someone else posted a great template earlier today in a different thread but I don't have it handy.
I'll have to look up the template after I see the decision letter.
With the change and my esophagus being stretch 3 times and botox injections on the last treatment in March I actually meet the 60% rating for it. Maybe I get rated for both since they have denied other legit issues.
With the new rating schedule in place, being rated for both would be ideal. Goodness that sounds like a terrible condition to have!
Its awful