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Appeal/remand


JMAX

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Hi.

I was dignosis with an upper resp. disease chronic (sarcardosis), while serving on active duty and retired 2002. Since then I have been hosp. twice for resp failure, my private doctor sent the VA a letter classifying my condition COPD. The claim was still denied. Then I have a MRI report, again from my service record while serving on active duty, C5-6 and C5-7 buldging. They denied my claim and the BVA remanded the file back to the VBA. I was poorly misrepresented by the DAV in Newark, NJ. I had to take another C& P and the doctor wrote my syptoms have worsten . When I call the 800 number, they keep saying the claim is with a supervisor pending authorzation, I assume denial again. Please Help!!!

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JMAX

Sorry but at this point it should get an answer fairly soon. If I were you I would start preparing to have to fight but I would be optimistic.

Good Luck

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Can you give us the BVA case docket number and citation number? BVA cases are public (no personal info) at the VA web site and if we can read the case we might be able to help more.

or could you possibly scan the remand and attach it here?

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Sorry to hear about the sacroidosis.

As for a bulging disk, they can come and go. In order for a condition to become service connected, you must have incurred a disability in service. Then you must show chronicity which means that condition must still be present now. So if you still have the disk problem now, then they should service connect it. Have you had any recent tests done to confirm it?

That may be your hold up.

J

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