qwiksting

This may be a dumb question, but i am gonna ask for some input. If I had a claim at BVA, and it was remanded to the AMC should I submit a Waiver of regional office consideration to the AMC? I submitted one to the BVA so do I need to submit another one? I sent new evidence to the AMC today (Thank you Hoppy!!!) but should I send another waiver? If I do send the waiver in, where do I send or fax it to? what happens to my claim? Does it go back to the BVA? This is a link to my BVA claim: http://www.va.gov/ve...es4/1224885.txt Thank you for overlooking my ignorance. Accordingly, this matter is hereby REMANDED to the RO, via the AMC, for the following action:

Thank you Hoppy...I actually might be able to sleep alittle now..

Well, as i suspected, my C&P exam went as I thought. I was wondering why the examiner made a reference to an attorney while I was there. Ok, so now that I have the C&P in my hand, (it took all of 5 hours for the examiner to see me and put his report in the system to send back to VBA). I have a feeling he had already wrote what he wanted to, because he did not reference my UGI of that same morning prior to his appt. My UGI says I have GERD and examiner says there is no diagnosis of GERD at the present time. I am sooo effing mad right now. Question to the knowledgeable ones: How does one go about rebutting a very bad C&P. I have military service records of the issue, I have VA records within the one year time frame of the issue. The issue is chronic (lasting more than 6 months...actually lasting from 2004 to present) A current UGI dx'ing Gastroreflux with hernia, My PCP statement saying this problem has not resolved and is still present. # scopes saying I have the problem. My claim is on remand from the AMC. The BVA called for another c&p. How do I get a real C&P, or do I need to get an IMO. I have passed this off to Hoppy, because I trust him. Thanks for letting me vent, Now I realize the VA isn't for the veteran at all. I am sad. Why does it have to be so adversarial. I waited over 4 years at the BVA to get this?? I know there are other guys out there with alot worse situations than mine. I just dont understand because the "evidence" they want dont fit with what they are trying to pass off. The evidence is black and white.

Just back from my C&P. Dr. was very short with me. Most questions were directed toward the questionnaire I filled out before I went. Mostly about Family history, what id your father do before he retired, and mother. How many siblings I had, older and younger, and what were their health like. I started getting pissed because I thought the C&P was for me, not my family. I. understand they are trying to get a "fix" on medical problems that may run in my family. But still.... I wasn't aked about the frequency or symptoms of anything???? I had a UGI done this morning prior to seeing the C&P Doctor but that is all concerning my GERD/hernia. I brought copies of prior dr.s notes stating that my GERD is being aggravatd by stress and anxiety. I also brought medical literature that discusses the relationship between the two. The dr looked at it and handed it back to me. He took a couple of things I brought( ARMY medical records from IRAQ stating the DX was stress induced gerd) and my statement, made copy and gave it back to me. I asked him how long did he think it was going to be before he had my report done, he said 3 to 6 months. I dont feel good about it. Also wanted to say that my appt was scheduled for 10 am this morning. I was there about 20 minutes early, and was called back about 5 min later. I was on my way about 10:05 am. So I would say the supposed scheduled (2hr) C&P lasted about 20 minutes. I still can't believe the Examiner didn't ask me anything about my GERD/Hernia. Did not fill out a DBQ....nothing. Spent most of his time going over family history, and showing me a file about 12 inches thick (my C file) telling me he is supposed to connect my c file claim with my condition now using science. At least the First C&P in 2008 was alittle more thorough, asking me about symptoms, although I dont believe there was a DBQ then. I dont feel good about it.

Yea, thats the funny part, I even explained the symptoms I was having. I even had an EEG done 2 months prior that wasnt even considered as evidence. Took medicine while in Iraq, took meds when I got home, and guess what?? I am taking meds now for the same chronic problem...that they said resolved itself 4 years ago...

Thanks for the reply. Yes I am currently diagnosed with it now, have been all along,It is listed on my active problems list as "chronic". As far as a nexus, connecting military service and the condition.... § 3.304 Direct service connection; wartime and peacetime. (d) Combat. Satisfactory lay or other evidence that an injury or disease was incurred or aggravated in combat will be accepted as sufficient proof of service connection if the evidence is consistent with the circumstances, conditions or hardships of such service even though there is no official record of such incurrence or aggravation. However, there is a record of me having the problem, 2004 "stress induced gerd" from the navy doc in Iraq and especially if My PCP DX'ed it within one year of separation. It was at least 10% at that time. I am hoping for the best, once again.

I have a C&P on Friday. It is from a remand that is/was at the BVA. It was remanded to the AMC July this year. The C&P is going to consist of: 1. A Barium Xray (upper GI). Although I had 2 different endoscopies done in April and May this year, The VA for what ever reason is asking for this. It reminds me of the first C&P I had done when I filed this claim in 2008. Endoscopies always find more than a Barium X-ray. Needless to say I feel nervous about this. 2. Meeting with the VA examiner. I called about this appointment to make sure They knew they scheduled a Barium X-ray 45 minutes earlier than this appointment. I was told I would have time to make both appointments and that the second appointment was scheduled for 2 hours. I thought, wow, a 2 hour meeting with a VA examiner. Is it really going to take 2 hours? I have never had an appointment with any doctor that took 2 hours... Some background on this claim. I served in Iraq December 2003-March2005. I was semi diagnosed with Stress induced GERD while in Iraq in November 2004 by a Navy Corpsman. Was prescribed Meds. I went to the VA clinic in December 2005, had an upper GI (barium X-ray) and was diagnosed with GERD, put on meds by my PCP. This took place only 9 months after discharge. I was finally afforded a endoscopic procedure by the VA in 2008, in which they found a hiatal hernia as well as esophagitis,gerd. I filed a claim for it because it was Chronic,this was in 2008 also. I had a C&P 2008, Barium Xray and examination. The Examiner opined that GERD had resolved itself, and that the hiatal hernia was a NEW finding. The VA denied my claim based off of the examination. I filed a NOD, ended up at BVA, Remanded to the AMC,4years later, here I am again. First of all, I was under the impression , that if a condition presented itself while on active duty, it w chronic and was diagnosed within 1 year of discharge, it would be granted. Where am I wrong on this? And any advise about the C&P would be appreciated. I am bringing copies of the DX'ed condition from the corpsman in Iraq(2004) the DX'ed condition from my PCP at VA(2005) Copies of endoscopies(2008,2012) A DBQ filled out by my PCP at VA, A written letter from my employer on how this affects my employment. Am I missing anything?

I have an appointment with the CPAP clinic on the 5th of October. Kinda nervous..

Hi all, I went to FOI today to see if my sleep study labs were ready. It seems the Doc just put them in on the 19 Sep. I had the Home study done on the 10th of september and I have a couple questions. The Home study was alittle weird wearing a big wrist watch and a few sensors hooked to me. How in the heck do you decipher this dam thing (report)?? and the impressions from the Dr., He says I have mild to moderate OSAH syndrome. His Recomendations are....... - Trial of Auto titration CPAP. Although his AHI indicates mild sleep apnea in view of severe sleepiness CPAP is reasonable to use. - A formal sleep study with CPAP titration should be considered if the APAP is not tolerated or ineffective. -Weight loss may be beneficial. (This one was offing hilarious because I am 6'4 and 190 pounds. NO WAY I am OVERWEIGHT!!! I am a skinny guy since I came back from Iraq in 05 - Alcohol and other CNS depressants should be avoided ( no beer and no Lorazapam or quetiapine, trazadone)??? I take this for SC PTSD Regular sleep and wake up schedules should be maintained and at least 8hrs of sleep should be obtained. - Driving should be avoided until excessive sleepiness is improved. I have been telling my PCP since I got back from Iraq that I been tired a lot, and really tired after I started my meds. Any advise as to what I am looking at as far as the VA goes.

possibly speed up the VLJ.....I had to revoke my POA from DAV to get mine in front of a judge. At least mine wasn't denied, it was Remanded to AMC.

I have had the "Exact" same thing happen to my claim. I NOD the decision, asked for a DRO review. What I got was my claim being sent from Florida to Texas back to Florida then to BVA. I know where your coming from. I called that number Berta posted, gave them my information. I then could find out what was going on.....It had been at BVA since the end of 2009, and in july 2012 it was remanded to the AMC. I checked ebenefits yesterday to see that I have a New C&P coming up. BTW, I still havent seen an I9. My VSO was the DAV,btw. They were as puzzled as I am.

I revoked my POA from DAV. About a month later I was with the VLJ. DAV is the hold up

Good Luck!!! I am in the same boat, just a few weeks later. Mine was remanded in the middle of july. I havent heard anything from the AMC except the standard "we have your file, if you need to send us additional evidence please do with in 30 days or we will decide it with out your input". I wish I knew how to find out anything about where I am in the AMC process

Not going off topic, but do you have a number to the AMC?

If you are referencing the BVA, then it is a team of adjudicators.

Thank you USMC for your reply. I have been trying to find out how it works. My gastro doc and my MH doc recommended I get a sleep study done. I checked myhealthvet and seen where I have an appt to go to PULM clinic. I am assuming this is a pulmonary clinic.

Can someone tell me what happens when you are scheduled for a home sleep study. I have an appointment at noon at the pulm clinic. I think my VA MH doc put in a consult a few months ago.

way to go!!! I am at the AMC with my acid reflux claim. It was remanded :(

I just need some advice from those who have been through this. My appeal at BVA was remanded back to the AMC July 18. I recieved an envelope from the AMC yesterday. It is filled with "VA ese". The one thing that I would like to know is...is it necessary to resend all the evidence I sent BVA. The AMC said they needed more evidence to support my claim. I can't imagine what else I could send them. I have a note on my record from my PCP supporting my position(Last weeks appt) I have medical documentation supporting the issue is chronic (from my PCP) and records that support this. This problem started while I was in Iraq 2004 (noted in my medical records) VA treatment records with diagnoses 9 months after discharge. VA medical records supporting chronic (it has never got better,only worse) up to today. It appears they need a "nexus". Even though this problem plagued me while I was in Iraq, it doesnt seem to be good enough to connect my current symptoms with the same symptoms I was experiencing in Iraq. Gastroesaphageal Reflux (GERD)/with ulcer and hiatal hernia. It looks like the AMC is looking for connection either directly or by secondary to ptsd. I was under the impression it should have just been directly related due to the problem beginning in Iraq, and or VA diagnoses within 1 year of discharge. Can someone tell me?? The AMC said I have 30 days to submit new evidence and if I did not respond they could decide my claim. It also says I have up to a year,even though they decided my claim earlier to submit new evidence. I would like some advice.

You are right ketchup..I just got off the phone with VA, and from the conversation I had with the woman there, she said something about Hernia, and more evidence...I asked about my GERD and she said once the AMC is done with it , it will go back to BVA. So no decision on anything yet I suppose. Maybe they want me to go to a C&P for the hernia, ( I never got a C&P for my hernia,just a denial from VA). Anyway, all of it is somewhat related to one another. GERD,Esophagitis,ulcer......then another claim for Hiatal Hernia. Both Claims denied, both were NOD and ended up at BVA together. Waiting with anxiety.....

Ok, it looks like the Board has made a decision on my case. I called today after looking at Ebenefits. My Ebenefits says: Your case has been received at BVA, and BVA has mailed your decision to you (and your representative, if any) and will be returning your claims file to the Appeals Management Center or, if represented by an attorney, the Regional Office. Please note that transit times vary, and there may be some lag time between when BVA forwards your claims file to its appropriate location and when that location receives it. Does this mean it is going to the AMC? The lady I talked to at BVA could not tell me what the decision was.

Congrats Dean..:) I am still waiting....with the VLJ

Yes, I would agree 100% about Hoppy, thank you from me Hoppy! ?Its with the VLJ (some lawyer has it) but thank you for everything plus the phone calls!!

Well, there seems to be more movement on my appeal. Maybe somebody can chime in..this is what benefits is telling me: I see they have updated my appeal as of today..6/22/2012 and when I click on download va letters this is what I get... We are unable to locate records in VA files indicating eligibility for the VA letters that are currently provided in this on-line service. Please call the National Call Center at 1-800-827-1000 if you need additional information. I also get this for pretty much anything else I click on..VA payment history Anyone ever have this happen?

Thanks Dean, I just hope it doesn't get remanded to the AMC or something...Just give me a thumbs up or down so I can proceed