Decisions Coming in Piecemeal - Wait on Deferred Decisions Before Appealing?

Goonie

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Registered Member
So I sort of shotgun a bunch of stuff after letting medical issues pile up for years and deciding it was finally time to try to get 100% schedular. I have a lot of gut issues that in theory shouldn't be hard to service connect to either care for GERD/gastritis multiple times while active or as secondary to fibromyalgia. I also have a neck issue (subsumed under fibromyalgia and trying to get it rated separately) and I have a genitourinary issue that are both deferred but the gut issues have already come back as non-service connected secondary to GERD. I think if I re-submit the gut issues as new issues and as secondary to fibromyalgia (IBS in particular) that the claims will actually be granted as service connected. I think they were denied because I listed them specifically as secondary to GERD - all the reasoning talked about there being no causal link between GERD and the gut issues.

I'm at 93% after a recent, new 10% rating and it's possible the neck issues or the genitourinary will bump me to 95%/100%. Should I wait on the deferred decisions to come back or should I go ahead and appeal the denied gut issues while they are still in deferred status?

Also, if there are multiple ways an issue could be service connected, is it OK to submit them as both new and as secondary and explain that in a statement? For example, I was treated for GERD and gastritis while active, it was mentioned in medical notes that there was a connection to anxiety (anxiety is 50% service connected), and I have fibromyalgia (FMS 40% service connected). Over the last 5 years or my gut issues have worsened and I now have fairly chronic issues with IBS, swallowing issues (esophageal dismotility), gallbladder was removed (which I think was the problem a couple of the times I went to the ER while active for abdominal pain), and fairly frequent bleeding from having poor bowel movements. To me, it's all interconnected in multiple ways and I don't know what the VA or doctors would think is the strongest link. Would it make sense to submit them as new and mention the treatments while active and also submit them as secondary to anxiety and/or fibromyalgia and ask the VA to decide where it belongs?
 

RaiderX

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
GERD, IBS, and others could be covered under Gulf War symptoms and thus service connected.
 

Goonie

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
So I found out about further claim denials today but I don't have the actual packet yet. I still have questions though:

If claimed a bunch of gut issues at secondary to GERD but I want to re-submit as secondary to fibromyalgia or link them to treatment during service, is this still part of the appeal process if it's the same condition claimed another way? I'm concerned about back dating.
 
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