Click To Ask Your VA Claims Questions | Click To Read Current Posts
Read Disability Claims Articles View All Forums | Donate | Blogs | New Users | Search | Rules
qwiksting
-
Posts
255 -
Joined
-
Last visited
-
Days Won
1
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by qwiksting
-
-
Yes Carlie, I am still on meds RX, and they are still treating the condition. What does BOD mean. Yes I have been continually fighting this claim since 2008.
Thank you!!!!!! I hope I do, and not have to go to CAVC. But I will.
-
yes, and no. I sent the BVa an incorrect version of the DBQ without the Dr counselman statement, and also the Dr. Denby letter. I obtained irrefutable evidence that I have GERD, and have had it since Iraq. The DBQ got corrected once i read the last C&P report stating no diagnosis of GERD. I looked at the date of diagnosis my DR. wrote down and it was a mistake by 3 years. I was diagnosed in 2005 by an upper GI series, and he,Dr. Conselman, sited the 2008 Endoscopy from the VA in 2008 by Dr. Fabian (VA endoscopy report). On page 6 of the C&P the box is not checked for GERD, yet my DBQ contradicts that as well as Dr. Denby,private Gastro Doc letter to the VA. I have not submitted anything as of yet, I am waiting on Hoppy to send anything in. Hoppy is gonna rip them.
If you look at the DBQ, you can see where it was corrected, marked thru and correct date marked by Dr. Counselman. Then the statement he made was made after the second C&P because of what the C&P had in it and what the BVA said when they remanded it. The BVA cited Dr. Counselman in their decision, but said he did not opine as to the nexus. I dont believe a nexus is necessary with his statement, and diagnosis date (9 months after discharge).
-
I was Discharged from the Army 23 mar 05, Diagnosed by VA on 28 dec 2005. Would this fall under presumptive, with continued continuity of symptoms?
Would this be useful??? I sent it to the AMC...along with all that other stuff
Hoppy has something for these clowns....
-
And the evidence mounts....I have a binder of this kind of evidence
-
Here are a couple other pages of lies...I hope in doing this, this will give other vets some bought experience.....
-
Here is my AMC ordered C&P. Pay attention to page 6. Corruption and fraud outright!!! I have a diagnosis from the VA on 12-2005 of GERD with test to prove it. So, it would be subjective complains by me from the military all the way up to when I first walked in the VA's doors in 2005. It has progressively gotten worse over the years. I have a binder full of my VA medical records/VA primary care dr. visits and VA ordered test that confirm continuity. I have a Private Gastro Dr. saying the same thing. Chronic,Chronic,Chronic.
Page 6 is at the end
-
Here is my AMC ordered C&P. Pay attention to page 6. Corruption and fraud outright!!! I have a diagnosis from the VA on 12-2005 of GERD with test to prove it. So, it would be subjective complains by me from the military all the way up to when I first walked in the VA's doors in 2005. It has progressively gotten worse over the years. I have a binder full of my VA medical records/VA primary care dr. visits and VA ordered test that confirm continuity. I have a Private Gastro Dr. saying the same thing. Chronic,Chronic,Chronic.
-
And the SSOC reason and basis?? I didnt want to scan all the other papers that were attached, they were waivers for BVA not to wait for 30 days to hear the Claim??
-
here is my second denial :(
-
My very first denial, I will cherish it forever.
-
be right back with both
be right back with both
If you think that C&P was crap...I have a whopper Its the 2nd C&P ordered from the AMC
-
Heres the first BS C&P...Woman couldnt speak english..Note that the first test was done on 12-2005 and DX'ed at that time, also I had been going to the VA complaining about my symptoms to my pcp who put in a endo consult in 12-2005 after the upper GI series confirmed reflux. I was denied the endo for 2 years, till I threatened to put this claim in. That was around june 2008....and I got an endo done. They found more than reflux at that point.
-
This is the DBQ that my VA PCP filled out in response to the 2nd Crappy C&P
-
Berta would u like to see c and p the fist one and second one with soc and ssoc?
-
Well i have a appt with my pcp on monday the 14 th i will ask him about this. How can i ask for a stronger nexus ? This all started in iraq as i have medical documents and treatment from there. Also it was diagnosed within 1 yr of discharge and it has well documented continuity to present. I have scanned all c&p's and descisions as well as evidence on my pc i had a hard time uploading amc descision i posted yesterday
-
Unortunately, sent the AMC a Binder, $pounds according to Fed Ex, when I sent it. So no they did not cite anything but PCP and C&P Drs. They failed to mention my Private Gastro Drs notes, muliple endoscopies, upper GI's, hoopy letter, my letter, my employer letter, my medical records from active duty (Iraq)..ect ect....oh yea, they did note that DBQ that was corrected with the right date of Diagnosis (9 months after discharge).
They are flat out not reading evidence, or playing a game
-
Well being that he is my primary pcp, dxed my GERD in 2005, right after discharge...medical records of issue with "stress induced GERD" from doc in Iraq...I can't see how this is not a direct service connection. especially if there is continuity of treatment from my pcp. Baffling to me.
-
AMC reason for denial. BTW, Dr Counselman has been my primary care physician since 2005, my return from Iraq. He is the one who DX'ed my gastro /GERD problem.
-
Im gonna be a calling fool tomorrow!! First the BVA, then the DAV, then the AMC. I will find something out tomorrow!!!
-
Im gonna be a calling fool tomorrow!! First the BVA, then the DAV, then the AMC. I will find something out tomorrow!!!
-
Carlie, if I am reading this right, I am stuck with the DAV, because I do not have good cause to revoke POA?
One other thing, I hate to keep beating this dead horse...but in the remand it states that if the benefit sought on appeal continues to be denied, the RO should furnish the veteran with a SSOC, and give veteran requisite time to respond prior to the AMC sending the Claim file back to BVA. Now if a SSOC was generated to be sent to me on 12-31-12, and it is in in the mail (I haven't got it yet) , How is it the BVA has the file now. I have not had a chance to respond to said SSOC. As I was told last night by ketchup, BVA and AMC have their own way of doing things.
-
Yes Berta, I faxed theDAV here in florida my Revokation of POA as well as to the BVA. I called to check and make sure they were no longer representing me a few weeks afterwards after it showed on Ebenefits that I no longer had a POA. The DAV in Florida, I think they are in St. Pete near the VARO, told me they could not talk to me any longer about my claim as they did not represent me anymore. I posted what ebenefits had been showing "no POA", up until AMC sent my file back to BVA, and then it appeared as they were my POA. I also faxed all new evidence, as well as what Hoppy did for me with the Waiver of consideration to the BVA. If you see on one of my post I was constantly faxing in to the BVA revocation of POA, waiver, new evidence ect. It shows on what I posted "What we have recieved at BVA" so it should be with my file, especially since I was represented by DAV for a couple years with this claim, then I took Ketchup and deanbrt advice on revoking poa and waiver of consideration.
Yes, I also recieved a copy of the C&P exam that was ordered from AMC. It was just a contracted Dr. at the va. The C&P was sent in to the AMC the same day it was conducted. The examiner stated there were no diagnosis of any Gastro problems, even though I had a Upper GI before exam that showed Gastro problems. My PCP also filled out a DBQ stating when I was Diagnosed with Gastro problems (DEC 05) 9 months after discharge. He also stated:
1. I have reviewed all cprs treatment notes from 11-10-2005 to present
2. I have been Mr. veterans primary treating physician since 12-28-2005 to present
3. I have provided consistent treatment for Mr. Vet GERD symptoms from 12-28-2005 to present
4. There have been no test or events that would determine that the symptoms described in 2005 are unrelated to the symptoms of GERD
C&P was very negative, he told me I would need an attorney to win this appeal, he did not examine me, he was interested more in my Family (mom dad, bros, and sisters) than me. He wanted to know if my family had this problem. I politely told him no. I began having this problem while in Iraq,2004.
-
Unfortunately, I submitted a waiver of regional office consideration to the BVA in April 2012 along with a revokation of my POA. All this was in trying to get in front of a VLJ, as I had been waiting with my VSO (DAV) for quite some time. My point is, how many times must I submit that waiver and revokation to the BVA for the same appeal? At one point after I submitted the revokation of POA, Ebenefits listed my POA as none. Now, it list the DAV as my POA, once again. It would seem that it would be against the law to let the DAV have POA again once it has been revoked.
-
And now look at the POA and dates
Details about your BVA Appeal received on 01/03/2013
Local VA Office of Jurisdiction: St. Petersburg, FL
Power of Attorney: D - DAV
Current Progress: With VSO
Current Progress Description: Your case has been received at BVA and is currently with your Veterans Service Organization (VSO) representative for purposes of preparing written argument in support of your appeal. If you have questions about your case contact your VSO. For an online directory vith VSO contact information click here.
Timeline of Your Appeal
Date of Progress
Progress
Progress Office
08/29/2008
Local VA Office Decision
RO
12/09/2008
Notice of Disagreement (NOD)
RO
09/18/2009
Statement of the Case (SOC)
RO
10/14/2009
Substantive Appeal (Form 9)
RO
01/22/2010
Certification of Appeal
RO
01/03/2013
Received by BVA
BVA
01/03/2013
Administrative Case Processing
BVA
01/04/2013
With VLJ
BVA
01/05/2013
With VSO
BVA
Show Fewer Items
Waiver Of Regional Office Consideration For The Amc?
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
I will dean, just as soon as I get the "Hoppy" paper...:)