Claim At Bva ( Kinda Long)

[qwiksting]

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.

[Wings]

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http://www.warms.vba.va.gov/M21_1MR.html

Chapter 5 - Appeals, Updated 8/19/05

Table of Contents - Updated 8/4/09

Section A - General Information on Appeals, Updated 8/19/05

Section B - Notice of Disagreement (NOD), Updated 12/10/09

Section C - Decision Review Office (DRO) Review Process, Updated 8/4/09

Section D - Statement of the Case (SOC) and Supplement Statement of the Case (SSOC), Updated 8/4/09

Section E - Filing a Substantive Appeal, Updated 8/4/09

Section F - Docketing Certification and Claims Folder Transfer, Updated 8/4/09

Section G - Board of Veterans Appeals (BVA) Decisions and Remands, Updated 8/4/09

Section H - Board of Veterans Appeals (BVA) Hearings, Updated 8/19/05

Section I - Court of Appeals for Veterans Claims (CAVC), Updated 8/19/05

Section J - Special Appeal Issues and Cases, Updated 8/4/09

Section K - Veterans Appeals Control and Locator System (VACOLS), Updated 8/19/05

[Wings]

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Quicksting, Did you find any of the posts helpful? ~Wings

[Commander Bob]

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. ...

Thank you for your service, 'qwiksting'. You mentioned that you were medically retired from the Army. Have you looked into CRSC or CRPD??? there are several websites on the issue. here is one of them.http://prhome.defense.gov/mppcrsc.html

Edited March 2, 2010 by Commander Bob

[qwiksting]

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.

[Pete53]

Docketed means that it is now officially in line to be looked at. You are making progress.

Good Luck

[Josh]

Hello Pete

I found your answer that when a claim has been "docketed", it is a sign the claim is moving forward. Somewhere have read that claims are reviewed in the order received. If that is true, what is the average time before review once it has been docketed?

Thanks Pete

Hurtin' Vet Josh