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Decision By Amc


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Hi to all

Can you ask the AMC to make a decision on remanded claims and not sending it back to the VA for them to make a decision.

Can i put in a claim for Hiatal Hernia, diagnosed in service twice with Hiatal Hernia and also twice on C&P exams, va did nothing about it.Along with this i was also diagnosed with Gastritis, Gastro reflux disease and peptic ulcer disease.

On my remand the VBa does not agree with the opinion of the va doctor because she is a pulmonary doctor and gave an opinion without looking at my va records,otherwise she would have notice that i was diagnosed with a Hiatal Hernia twice in service and Gerd disease, the bva wants an opinion from a gastro doctor, an expert in the field of gastro problems.

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depending on the action the amc takes. if they decide to give a complete grant, your claim will be removed from appeal and returned to the ro. if they continue the denial, the only way you can prevent it from going back to bva is to withdraw your appeal.

if you prevail with your gastrointestinal claim, remember that, with very few exceptions, disorders of the gastrointestinal system cannot be rated separately. that means that you would not get separate service connection/evaluation for hiatal hernia, gastritis, gastroesophageal reflux, and peptic ulcer disease. rather, they would all be combined into one digestive disability.

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The appeals management center "is" the Regional Office level. They may decide it, but chances are your claim will sit there 1-3 years before it is turned over to an available RO ratings specialists. They often use CONTRACTED rating specialists at various Regional offices around the country.

My experience with AMC is they will allow any kind of false statement by these regional office specialist used to deny your claim. They just make it up & send it out denied. Doesn't matter what evidence you have.

They are allowed to make any false statement up to deny without fear of "ANY" repercussions. My guess is Union Members support this as well, since its so widely excepted.

This is my third remand back through the appeals center in 5 years.

I'm convinced there is NO honest claims process

via the Regional Office(RO) Level, after 30 years of having them work me over.

Due process is what you had before you served, but seldom seen as a Veteran.

Allan

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Hi to all

My claim that was remanded was for Barretts Esophagus secondery to chronic gastritis. the BVA remanded the claim to AMC because they disagree with the opinion of ther va doctor because she was a pulmonary doctor not a gastro doctor, the va doctor also did not take into consideration that i was diagnosed wth a hiatal hernia and hiatal insufficiency in service three times, which could be a factor and a cause of me getting BE due to reflux of acid into the Esophagus due to the Hiatal hernia, so they want an opinion from a gastroenterologist. the also want to know why i was not given a VA exammination by a gastro doctor with an opinion before my file went to the BVA.

In 1997 i was service connected for chronic gastritis 10%

I put in for an increase in 2000 i had a C&P diagnosed with Chronic Gastritis Hiatal hernia in the esophagus and gastric erosions in the esophagus.

Increase to 30%.

In 2002 has a va exam i has a endoscopy done diagnosed with chronic gastritis, hiatal hernia, barretts esiohagus, Esophagitis grade-4 with massive ulceration with stricture. so i put in a claim for Barretts esophagus secondary to chronic Gastritis, since 2002 to 2007 my claim has been going on and i have diagnosed with Barretts four more time the last time it was Barretts withchronic metaplasia.

For me to eat food i have to put it in the blender because i can't swallow solid food, not a great way to enjoy a whoppper with cheese.

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