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Claim At Bva ( Kinda Long)

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qwiksting

Question

I am new to alot of the words used here on this message board, and I dont have that much experience in all this paper work. I was medically retired from the Army May 06. I currently have a rating of 80% on a couple of different problems. I filed a claim to the VA about having stomach problems that started when I was in Iraq. My medical records show that I was treated while in Iraq, and also from the VA starting Dec 05. In December of 05, I was given an upper GI showing their was a problem, put on meds for it. My primary ordered an endoscopy, but it was denied the first time (it was entered as routine). The next time I saw my Doc, He asked about the appt. and I told him I havent heard or got anything about it. He ordered it again, same results. I got concerned and tired of waiting , so I decided to file a claim (july 07), hoping a C&P would follow and I could find out what was going on with me(force them to schedul an endoscopy). Within a month of filing that , I got a notice I had an endoscopy appt. I went to it, and was told I had a hiatle hernia, gerd, and small ulcer. I think they also tested to see if it was cancerous, but that came back negative. I have been working with a wonderful DAV lady, she helped me file and get the paperwork together. The C&P I got was a joke. I was given another upper GI. I couldn't understand the examiner, she was from poland or russia?? Her accent and her words were hard to understand. I didnt think that was a big deal, I and my DAV lady felt very confident with all of the records and treatment. I waited for about 6 months and recieved the descision that I was denied. Was told that the problem had corrected itself based off of the last upper GI, and the examiners report.. Of course I NOD, and my DAV Lady helped with that. In Fact, she said I should request a RSO. I did, however, it seemed to be sent to the BVA. I have been waiting for something to happen. It seems like it has been forever on a case that was "a slam dunk" according to my DAV lady. Even my primary has it listed as a chronic problem. GERD. I even asked my primary, since the VA examiner said my problem corrected itself, why Am I still having problems, and why am I still on meds?? He sent me to a specialist, and he said the same thing after looking at my endoscopy. He agreed with my primary, Gerd, hernia, ulcer. Very Frustrated VET here.

My question is...I recieved a letter from the BVA, washington D.C. over the weekend that said my claim had been certified and that I have either 90 days or before because my case could be decided before the 90 days are up, which ever comes first to submit new evidence, get some one to represent me. I dont have anything new to submit, and didnt think I needed representation. Does anyone or has anyone had this happen? I would go to my DAV lady, but she is so busy and has done soo much already to help me.

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It almost always takes about 2 years Josh from docket to decision.

I accessed a few BVA PTSD claims at the BVA decided or remanded in 2010 and many were at the BVA for 3 years prior to remand or decision.

They do go in order as far as I know.

My BVA claim had a Sept 2008 remand based on a Feb 2004 decision.4 1/2 years at the BVA.

The remand went faster and the BVA awarded in April 2009.

Then I had to fight over the money and that took until sometime this spring.(Only because this was a FTCA offset issue)

In the extraordinary long BVA process ,it can pay to still continue to seek evidence and send it to the BVA.

BVA was only VA entity since 2003 claim filing date-to even read my years of evidence.

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  • HadIt.com Elder

Josh:

Its been a long road but I am optimistic that you will prevail. Hang in there.

Pete

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Hi and Thank you Berta for your reply!

As you know, my 1151 claim has be wallowing in the system for years and years at this point and, more likely than not, as you have indicated it may take years to finally move through the completion phase. I just hope that the US system does not collapse in the process, or after, or ever...

Watching FOX News' Glenn Beck program I am truly concerned. Hope all is going well with you Berta... Oh yes, long time ago I ask if the Hadit Elders and/or Members have ever gotten together. At the time the answer was "No, but we want to." Any changes there? Smile....

Please take care Berta and all of you there. :wink:

Hurtin' Vet Josh

It almost always takes about 2 years Josh from docket to decision.

I accessed a few BVA PTSD claims at the BVA decided or remanded in 2010 and many were at the BVA for 3 years prior to remand or decision.

They do go in order as far as I know.

My BVA claim had a Sept 2008 remand based on a Feb 2004 decision.4 1/2 years at the BVA.

The remand went faster and the BVA awarded in April 2009.

Then I had to fight over the money and that took until sometime this spring.(Only because this was a FTCA offset issue)

In the extraordinary long BVA process ,it can pay to still continue to seek evidence and send it to the BVA.

BVA was only VA entity since 2003 claim filing date-to even read my years of evidence.

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  • HadIt.com Elder

buy gold from his sponsors and everything will turn out right in the world you could help your stomach by turning off all news shows and talking heads stick to newspapers it cut my anger in half and my stomach problems way down

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