qwiksting

I can't see how it would get denied service connection...If I could figure out how to post the "hoppy" paper on here I will. My question is....It is with VLJ now. What actions will the VLJ take? I have read so many decisions on the VBA website and still am confused. Hoping I will not have to appear before a judge, I have a phobia of that from the past. 1. The VLJ grants the award 2. The VLJ grants award, but at what rating level? 3. The VLJ remands it to VARO 4. The VLJ denies award After the VLJ is finished and a decision is made, I get notified. How and when will I be notified of the rating level? Will I need to do another C&P? Sorry, just nervous, anxiety...dont know how this works exactly. I have an idea, but not fully.

Ok, since I started this post...I had been waiting on BVA to update my status. I faxed a revocation of POA to DAV on the 18th of April, and a waiver for regional office consideration, along with some more evidence and an awesome letter from HOPPY. I called yesterday to make sure they (DAV and BVA) received my change of POA. Also checked with BVA as far as the extra evidence I submitted. DAV said they received nothing from me and told me they were still assigned as my POA. So, I faxed the revocation again yesterday to DAV. My appeal is now with a VLJ, however my benefits still list DAV as my POA. I also asked BVA if they had received my extra evidence and was told they had about 3 items I sent but that was it. I was told to re submit, so I did. Question.....once it gets a VLJ what can I expect? 16 June 2008 initial claim filed 29 August 2008 Denied at VARO 9 December 2008 NOD 3 March 2009 asked for a DRO (via DAV) 16 March 2009 received official letter from DAV stating I want a De NOVO review by DRO (never got one) 29 January 2010 BVA received appeal 18 February 2009 appeal pending 27 April 2012 with VLJ

I understand what your saying Berta, I just hate to muddy up what is in progress. If I submit another claim, will it slow down my BVA appeal? If feel extremely confident based off of the "record" it will show I should be SC for GERD already. I am getting an IMO to solidify my claim, and if in the process the etiology of my SC for GERD happens to be sleep apnea, should I file another claim after my BVA appeal or before it. Thats what i was wondering. I don't know how the BVA operates and if they see another SC condition that is not yet SC, will they look at that as well. you answered my question, thanks

Yes, i spoke with him at length about the VA, and he is well aware of the 5P's regarding the VA. I am not SC for GERD yet, I am awaiting a VLJ to look at my appeal, but I thought it was interesting that he brought that up. I didn't even know what sleep apnea was, except maybe for snoring, let alone it was tied to GERD. I have never been told or treated by the VA, not military for it. I have been discharged for over 7 years now. I basically told him I needed his IMO on my condition, I presented all Records (VA, Military). I guess if I am diagnosed as having sleep apnea, he feels it could be related to my GERD, which started in Service. I have a BVA appeal pending on GERD,.....What should I do? Just proceed with the appeal, then re file another claim of SA?

Well went yesterday for IMO. Doctor is going to test me tomorrow. He said something off the wall that I didn't understand to begin with. He said my condition could be caused by sleep apnea. I have been out of the military since 2005 and was never diagnosed with sleep apnea. I only had problems with GERD. Anyway, we'll see what he comes up with, probably the same as the VA, although the VA disregarded their own evidence.

Carlie, do you think it would be a wise idea for me to get an IMO. My claim is on appeal at BVA. I am not in front of a VLJ yet, but soon. Can I submit it as evidence with a waiver of consideration from the regional office?

I would love to post what I have scanned in here on my computer Berta. It shows the paper trail as I have it from initial claim to BVA and everything in between. I have also sent in to the BVA a waiver for Regional office consideration along with a revocation of Power of attorney. Oh yeah, most importantly I sent in "new" evidence. Not exactly new, it was there all along but the C&P examiner failed to read it, along with the Rater at VARO. Two guys from this forum really, really helped me out. I can't thank them enough. Thanks again guys. Your right Berta, I did some research and found that my two DRO request were either never received from the DAV or it was ignored.

You are exactly right Dean, the State DAV gave me a weak excuse as to why it takes soooo long.

Carlie Yes, I asked for a De Novo Review. I called the state DAV today and was told the DRO was unable to make a decision so it had to go to BVA. I also checked on my appeal to the VA that I did not want it to go to BVA.

Well it is at the BVA, been there since 1/29/2010. Well at the "backlogged" DAV. BVA said they would look at it as soon as the DAV released it to the BVA.

I am at appeal at the bva now with a claim for gerd/hernia/ulcer. I was treated in Iraq and at the va. Upper gi/EEG tests confirm it. Va denial letter in 2008 says the problem resolved itself, all the while getting treated and more confirming test. Go all the way, don't give up!!!

Once again, as I look deeper into my own case (head is somewhat clear) I see where a request( 21-4138) for a DRO to look at my claims (one relates to the other, maybe secondary condition is the term) was submitted on 3/3/09, and received by the DAV National service officer on 16 April 09. I was denied on both so I requested a DRO to look at it. What happens when a DRO does not look at it and it gets sent to BVA?

Thank you Dean, I just feel I have a good case, couldn't see why it was denied S/C in the first place. Now worried that if I revoke POA from the DAV, theres no telling how they may have screwed up my paperwork/case. I hat that it could go to a VLJ as is without it getting put in some sort of order. What exactly does a VLJ do when he gets the case? Will he put it in order so that it can be reasonably adhjucated fairly with ALL the evidence I submitted? Do they even look at the VA treatment records to see this is a chronic problem and "has not resolved itself".

ok, dumb question here, what is Iris and how do I use it. I have established a Ebenefits account so that I can see where exactly I am at on my appeal. I am not trying to hijack his post, just curious as I am considering ALL options with the BVA.

I almost want to revoke my pod for the day, who will be my representative then, to argue my case??An attorney? just asking I don't know what I should do. This is way off my grid.

Well, the new evidence was submitted through my congressman here in Florida, Jeff Miller. I thing he has something to do with the VA, Chairman of the House committee on Veterans Affairs. When I called the DAv I asked about the new evidence and was told they received it and put it with my case. I also checked on Ebenefits to see what was going on with my appeal and see where there was some activity on the 10 of April. I don't think getting the congressman involved will speed it up, but maybe someone will actually pay attention to the obvious evidence and see I was stricken with this condition while sitting on FOB Echo,Diwaniya Iraq. We didn't have a hospital there, only corpsman, so I hope they don't think I could have had this diagnosed there. There was no medical equipment there except for a combat lifesaver bag and corpsman.

Ok, I just got off the phone with the DAV. Supposedly they are backlogged.. First I called the BVA, who told me they are working on 2010 cases. They informed me that my appeal is being held up at the DAV. That as soon as the DAV would send it to them(BVA) they would work it and give it a docket number. She, the (BVA) gave me the number to DAV to find out where it was as far getting it to them. I called the number and talked to a lady that told me that they wouldn't get to my appeal and work it until around October 2012. Claim opened 25 june 2008. Claim denied 28 August 2008. NOD 02 December 2008. Also opened claim for Hiatal Hernia at the same time . I don't know to much about the procedures, my Local DAV rep. helped me with these claims. Both are forms 21-4138, they were filed at the same time. My local DAV rep filed a 21-4138 stating I wanted a Decision Review Officer to look at my appeal, that was submitted on 3 march 2009.I received a letter from the DAV stating that the veteran wishes for a De Novo Review by a DRO on 16 March 2009. 9 April 2009 I was denied service connection for Hiatal Hernia. On 13 April 2009 another 21-4138 was submitted stating my NOD and to consolidate my other appeals and all gastrointestinal issues into one review(it is all related). I received a packet from the VA on 18 September 2009 stating that my appeal will go the the BVa, because "Deadline for submitting a response to appeal election letter. Since no response, the appeal will follow the tradition appeal process". Which is a LIE, because I submitted a 21-4138 stating I want a DRO to look at my appeal! On 14 October 2009, I let my DAV rep see that and she filed a Form 9 Appeal of Denial of S/C for gastrointestinal conditions, stating that we followed there rules. Claim appealed 14 October 2009. Just a little background While in Iraq, OIF2, I was treated for, what i thought at the time was severe heartburn, (prilosec, family sending me lots of tums.) I still have the corpsman's medical treatment paper. Outprocessing at Ft Stewart February 2005, I was given health assessment and noted that I was and still am having stomach problems. (I was In the National Guard). I was still in the National guard, just out processing the active Army side.(I was discharged from the National guard in May 2006). I went to the local VA in December 2005 because my stomach problems became worse. I was given an Upper GI, they found I had reflux and started me on Meds. My Doc at the VA requested an endo scope, however that was denied, 2 different times. Finally got a Scope done in June 2008 where it was discovered a hiatal hernia, esophagitis, gastritis and small ulcers. Got another scope done last week, same results,bigger ulcer. Question is I feel the VA is trying to tell me there is no nexus here between my service and my conditions. Why is the DAV so backlogged???

Well, I just found out about benefits!!!! I got a premium account and started doing some research. According to their records, my appeal was received by the BVA on 1/29/2010. The latest it looks like is "date of current progress is 06/01/2011. It also says it is "current progress is with VSO "3", whatever that little 3 means. Anyone wanna take a guess as to what is happening, or maybe a time frame?? The initial claim all started on 06/25/2008. Also, what does EAA-119 by phone mean as far as "What we have received from you". Ebenefits...sorry.

thanks

Hello to all, I was wondering if someone could help me out with some advice. I submitted a claim to the VA in 2007. I have esophagitis, with a hiatus hernia. Also GERD. I returned from Iraq in 2005, was discharged in 2006, went to the VA and began getting treated and diagnosed, (upper GI)and then treated with omeprazole and some kind of nasty thick liquid stuff. The Doc called for a endoscopy, so I waited for an appt. which never happened. So the next time I went in for an Appt. Doc wanted to know about the endoscopy, so he pulled up something on his computer, and it said it was put in as a routine procedure and was denied. This went on one more time till the Doc had to call Gastro to set it up himself. 2yrs into the process. Got the scope done and was discovered a Hiatus hernia and GERD with a small ulcer. Like I said earlier I submitted the claim in july 2007. In Feb 2008 It was denied, stating" that everything had resolved itself". I then put in an appeal with the VA, spoke with a DAV person who was helping me. I was given a choice as to where my appeal would go, and was advised that it should go to a DRO. Anyway,I think a mistake was made and it got sent to the Board of Veterans appeals in Washington DC. I don't understand the paperwork flow but it is what it is. So, today I had another Endoscopy done at the VA, and the findings are: Moderately severe esophagitis seen in the distal third of the esophagus(530-10) Biopsy taken 34-37 cm level esophagitis A hiatus hernia was found in the GE junction (553.3) 37-40 cm level Erosive gastritis was found in the antrum (553.40) Biopsy taken Normal body of the stomach, cardia, and funds. Two biopsies taken Normal Duodenum This looks similar to the first Endo that was done in 2007, when I filed my claim. my question is, do I, or can I submit this to the BVA, and if I can how do I do it? Thank you for listening and or helping me.

Thank you all for your input and support. I recieved a letter from Washington D.C. stating my appeal was docketed. I hope that is a good thing. The letter also stated that if I had any other evidence that I have 30 days to submit it from the date of the letter. I dont have anything thing else to submit, so I guess I will sit tight. Thank you everyone.

I apologize for not being more clear. Just when I think about this I get pissed off and irrate. I was treated and have the medical documentation from Iraq. Diagnosis was "Gerd". Meds_ prilozac. Its all they had in country, or at least at my FOB. My primary physician at the VA has noted on my records everytime I go in for an appt to him (every 6 to 8 months) that I have GERD. He is the one that called for an Upper GI (least invasive way to check for either GERD or Helicobacter infection) It was determined that I had reflux during the test. The test was on Dec 06. So I believe the "nexus" should have been tied to either my service record from Iraq, or within one year of Discharge from Active service Mar 05. After the test i was given an ongoing prescription of omeprazole. The primary doc then ordered an Endoscopy (where they go down your throat with a camera) That test was denied because the primary put it in as a routine test. (Ifound out later) I went back to him the again, and he didnt see my endoscopy results, so he ordered it again. Once again it was put in as a routine test. I continued on my meds, he noted it everytime I went, and eventually it was noted with my other probles as being chronic. July 07 I decided not to wait anymore for the VA, I filed a claim for GERD. Not long after that I got a letter in the mail telling me that I had an appt for an endoscopy. Result from the endoscopy revealed a hernia, Gerd with gastro ulcer. So I was assuming that was part of the C&P process, until 3 months later I got another letter saying I had a C&P and was scheduled for an Upper GI. I was dumbfounded because they just had the most invasive test you could do, and now they wanted to do an upper GI?? So I went to my appointments. Met with the examiner, couldn't really understand her questions and I am sure she didnt understand me. She was having difficulty choosing english words. So I felt ok about it, thinking they had all my records, (evidence I submitted plus the endoscopy) . About 4 months later I got the denial letter. She said I said things and that the GERd had "resolved" itself and that my discharge physical showed no signs of GERD. I never had a discharge physical. I was pissed. I took that to my DAV lady, with the endoscopy results. I pointed out that a hernia and ulcer were found along with GERD or reflux. She filed a NOD and filed another claim for the hernia and ulcer at the same time. She said she couldn't believe the response of the denial letter. Said my nod needed to be looked at along with my new claim by an DRO. She said it would be faster to get it all looked at at one time. So I have been waiting, until I got a letter stating my appeal was going to Washington. I called the VA and asked about the DRO thing, they told me they never got a response to some form??So that is where I am at now. Oh, I did call the State DAV and was brushed off about it. "Your appeal had to be certified by us, and then we sent it to Washington, it will take 1 to 2 years before you get a descision". So, thank you to your responses, it looks like I will be back in 1 to 2 years to let you know what happened.

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.

On another note, just curious, I am currently rated 70 % ptsd. Like I said , I had a re exam today for ptsd. If the examiner writes that I am doing worse, I.e. having trouble a work and such ect ect..,is it possible that they re rate me higher? I am afraid to be rated higher, simply because I still want to work. Work for me is therapy I think. Yes, I have trouble concentrating and doing my job. It is alot harder now than befor Iraq, but if I dont have a job, I absolutely have no life or purpose. Has anyone ever NOD with the va over a 100% rating? I know this sounds weird, but I really need a routine to help me. I told the examiner that even though I am having trouble at work (verified with letter from supervisor) I still need to go. she asked if I enjoyed work, and I told her no, I need a routine and a purpose and a reason to keep trying and not lose touch with reality.

Ok,I went to my C&P today. I checked in 30 minutes early as stated on the letter,which I got in the mail yesterday. Surprisingly enough, I felt it went ok. The examiner had my C&P examine from Sep 06 and was briefly using it as,"does this still happen or bother you" type questions. I asked her why I had to have another exam so fast (2 yrs exactly). she gave me the VA story line....about how the va wants to ensure I was rated correctly and if my SC got worse, better or stayed the same. I also had a letter from my supervisor that I gave her (the examiner). She was nice and polite, but wanted to talk about things that were really difficult for me to talk about. It almost reminded me of the C&P last month I had, except it turned out bad. I got my denial letter in the mail the same day I got my New Re exam c&p. I did however tell her that my stomach was bothering...hitting on the last c&p I had. (Gerd), wastold by the VA raters that my problem was not chronic, however I have been on meds and was sent for an endoscopy, which revealed GERD, hernia, and an ulcer. Sorry got of on a tangent. I was told by the examiner that I would be getting a letter from the va in a month regarding this C&P. She did ask me if I thought I was doing about the same , worse or better over the past 2 years. I replied" I feel like some things are much worse, other than that it is about the same. If anyone has a PTSD C&P exam comingup, I will be glad to give you some info on questions that were asked. I had all my meds with me also. Trazadone, lorazapam, quietapine, sertraline, prozasin. I am so glad it is over for now. I think I was having a panic attack while in the exam. Has anyone ever had to do a re exam before, and what and how long did it take to know anything??