New Evidence For Bva

[qwiksting]

Hello to all, I was wondering if someone could help me out with some advice. I submitted a claim to the VA in 2007. I have esophagitis, with a hiatus hernia. Also GERD. I returned from Iraq in 2005, was discharged in 2006, went to the VA and began getting treated and diagnosed, (upper GI)and then treated with omeprazole and some kind of nasty thick liquid stuff. The Doc called for a endoscopy, so I waited for an appt. which never happened. So the next time I went in for an Appt. Doc wanted to know about the endoscopy, so he pulled up something on his computer, and it said it was put in as a routine procedure and was denied. This went on one more time till the Doc had to call Gastro to set it up himself. 2yrs into the process. Got the scope done and was discovered a Hiatus hernia and GERD with a small ulcer. Like I said earlier I submitted the claim in july 2007. In Feb 2008 It was denied, stating" that everything had resolved itself". I then put in an appeal with the VA, spoke with a DAV person who was helping me. I was given a choice as to where my appeal would go, and was advised that it should go to a DRO. Anyway,I think a mistake was made and it got sent to the Board of Veterans appeals in Washington DC. I don't understand the paperwork flow but it is what it is. So, today I had another Endoscopy done at the VA, and the findings are:

Moderately severe esophagitis seen in the distal third of the esophagus(530-10) Biopsy taken

34-37 cm level esophagitis

A hiatus hernia was found in the GE junction (553.3) 37-40 cm level

Erosive gastritis was found in the antrum (553.40) Biopsy taken

Normal body of the stomach, cardia, and funds. Two biopsies taken

Normal Duodenum

This looks similar to the first Endo that was done in 2007, when I filed my claim.

my question is, do I, or can I submit this to the BVA, and if I can how do I do it?

Thank you for listening and or helping me.

[deanbrt]

Yes. Mail it to BVA with your claim number. Or fax it. 202-632-5842. A fax is a legal form of receipt verification.

[qwiksting]

thanks

[carlie]

qwik,

First of I'd be sure the c-file has actually been transferred to the BVA's jurisdiction

AND

if it has AND you are submitting some additional evidence to them

BE ABSOLUTELY SURE

to also submit a signed Waiver Of VARO Consideration (to the BVA)

or they will automatically remand it back to your RO for their consideration.

This will save you about 12-24 months.

JMHO

[deanbrt]

Agree. I put waivers on what I sent. Again, if you have a complicated case with a significant back award, I think you are better served by having it at BVA rather than going through the DRO process. There have been claims that it might take two years there. but someone recently posted the BVAs own figures that put it at more like 250 days and a chunk of that is for POA review. That has been my experience.

[qwiksting]

Well, I just found out about benefits!!!! I got a premium account and started doing some research. According to their records, my appeal was received by the BVA on 1/29/2010. The latest it looks like is "date of current progress is 06/01/2011. It also says it is "current progress is with VSO "3", whatever that little 3 means. Anyone wanna take a guess as to what is happening, or maybe a time frame??

The initial claim all started on 06/25/2008.

Also, what does EAA-119 by phone mean as far as "What we have received from you".

Ebenefits...sorry.

[qwiksting]

Ok, I just got off the phone with the DAV. Supposedly they are backlogged.. First I called the BVA, who told me they are working on 2010 cases. They informed me that my appeal is being held up at the DAV. That as soon as the DAV would send it to them(BVA) they would work it and give it a docket number. She, the (BVA) gave me the number to DAV to find out where it was as far getting it to them. I called the number and talked to a lady that told me that they wouldn't get to my appeal and work it until around October 2012. Claim opened 25 june 2008. Claim denied 28 August 2008. NOD 02 December 2008. Also opened claim for Hiatal Hernia at the same time . I don't know to much about the procedures, my Local DAV rep. helped me with these claims. Both are forms 21-4138, they were filed at the same time. My local DAV rep filed a 21-4138 stating I wanted a Decision Review Officer to look at my appeal, that was submitted on 3 march 2009.I received a letter from the DAV stating that the veteran wishes for a De Novo Review by a DRO on 16 March 2009. 9 April 2009 I was denied service connection for Hiatal Hernia. On 13 April 2009 another 21-4138 was submitted stating my NOD and to consolidate my other appeals and all gastrointestinal issues into one review(it is all related). I received a packet from the VA on 18 September 2009 stating that my appeal will go the the BVa, because "Deadline for submitting a response to appeal election letter. Since no response, the appeal will follow the tradition appeal process". Which is a LIE, because I submitted a 21-4138 stating I want a DRO to look at my appeal! On 14 October 2009, I let my DAV rep see that and she filed a Form 9 Appeal of Denial of S/C for gastrointestinal conditions, stating that we followed there rules. Claim appealed 14 October 2009.

Just a little background

While in Iraq, OIF2, I was treated for, what i thought at the time was severe heartburn, (prilosec, family sending me lots of tums.) I still have the corpsman's medical treatment paper. Outprocessing at Ft Stewart February 2005, I was given health assessment and noted that I was and still am having stomach problems. (I was In the National Guard). I was still in the National guard, just out processing the active Army side.(I was discharged from the National guard in May 2006). I went to the local VA in December 2005 because my stomach problems became worse. I was given an Upper GI, they found I had reflux and started me on Meds. My Doc at the VA requested an endo scope, however that was denied, 2 different times. Finally got a Scope done in June 2008 where it was discovered a hiatal hernia, esophagitis, gastritis and small ulcers. Got another scope done last week, same results,bigger ulcer.

Question is I feel the VA is trying to tell me there is no nexus here between my service and my conditions. Why is the DAV so backlogged???

Edited April 13, 2012 by qwiksting