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]

I had the DAV. The local rep was beyond belief. So good people outside of his territory tried to get his help. Then I went to state headquarters. Indifference would be the kind word. Then I got the services of one of the most popular and well known VA law firms. I came to regard them as the VA equivalent of Binder and Binder. In the end, I got them to withdraw (and waive fees) and within two months I won at BVA with the help of a guy named Hoppy. Try the American Legion and then do your research damned thoroughly on an attorney....

[qwiksting]

Thank you Dean, I just feel I have a good case, couldn't see why it was denied S/C in the first place. Now worried that if I revoke POA from the DAV, theres no telling how they may have screwed up my paperwork/case. I hat that it could go to a VLJ as is without it getting put in some sort of order. What exactly does a VLJ do when he gets the case? Will he put it in order so that it can be reasonably adhjucated fairly with ALL the evidence I submitted? Do they even look at the VA treatment records to see this is a chronic problem and "has not resolved itself".

[deanbrt]

There is a guy named Hoppy on this site you need to contact. Now.....

Trust me on this....

[ketchup56]

qwikstring:

Ulcers,peptic(gastric or duodenal) can be service connected under the chronic statue 38c.f.r. 3. 303(b) as a chronic disease which is listed as a chronic condtion under 3.309(a). IF you have all the evidence as being chronic in service, and a diagnosis today as chronic, being a combat veteran no further evidence would be required IFand only if you you have the evidence. PLEASE read 38 c.f.r. 3 .303(b) through 3.309(a) to see if you can work your claim from this point of view. Also you should alway's work your appeal from the (soc) statement of case reasons and basis the varo gave for the denial of your claim. If they did NOT consider your claim under the chronic provisions as required by law YOU should definetly present this as argument to bva .BVA judges will see this mistake by the varo, but YOU must be sure you qualify under this statue, and argue this to the vlj while QUOTING ALL STATUES THAT APPLY.Also my opinion only is that revoking the DAV and assinging the AMERICAN LEGION would definetly make your appeal go backwards as it would just sit with them also for no reason at all without any help or arguments that would help or benefit your appeal in any way, BUT this is just my opinion only. I found out the hard way that NOBODY CARES MORE ABOUT MY CLAIM THAN ME. Enlist help from the ELDER'S on this site and you will eventually win this claim. Good Luck.

[retiredat44]

Once I win al my claim stuff I wil glady tell everyone how I won, and what I found was good, bad, the mistakes I made, any right moves, and more,, but I am unable to say what works until I win, and I know I will win my claims.

One thing I think, is that it's not good to move your claim around more than 1x, because then you just spend all that time moving around and having to tell your story over, and over, and over..

I had no choice but to move my claim form one American Legion office to another when my vso was transferred leaving my case flapping in the wind while they reshuffled staff..

but I kept it within the American Legion,,

15 years ago my first case I won 50% on the first time around, with 'Purple Hearts disabled vets organization' and no appeal was needed, but I screwed up and never filed an appeal on what issues that were denied, a few more issues.. I settled for 50%, but being so sick I could not handle the fight..

I am saying moving a case from organization, to organization might or might not be good.. depends on advice form the most experienced and knowledgable people..

I did try to talk to a lawyer while the American Legion is handling my case, but they refused to talk in person, admy case is too complicated to do it over the phone or by mail.. so it dpends on complexity.... so I kept the American Legion, while they may not cuddle me, they do make time for me, not always, but often they let me walk in, they went through boxes of records with me.. they handled my DRO hearing, I just cannot pass judgement until my case gets through the appeals.. I don't blame them for it have to get this far without being approved and winning,, the main cause of the flux-up was when I had to move it from another office of the American legion when they changed staff and the office came to a halt as they stopped seeing people for several months, this all happened about 1.5 years ago when I was first starting some NOD's and appeals when the first denials started, and the first VSO officer, was highly recommned but, he worded my paperwork wrong,.. I was way too sick to do anything right,, too drugged out and had just got done doing a long stretch in hospital fighting for my life and in great shock..

I will always be in great shock from unimagniable hell..

while they saved my life, I will never be cured and I am dying, they told me that because of the condition of the pancreas, they are uanble to fix it, move it, transplant, and that I wil just continue to get sicker, they just don't know when I will have to come back..

I relay on others to tell me when I am screwing up because my mind was very damaged from al the bad health problems and being screwed around...

the VA hopital was always great and was great to me, but all the legal B.S. the VA has pulled, on my trying to get rid of me left me a mess and will never recover even when I finally win....

I have been told I should right a book about my experiences with my health issues and what happened, I feel the VA would have me shot if what I had to say was put into a book.. I have been told to not speak about some experiences because it might upset some people...

I hope I can pass on my experiences on what to do after I win all, until then what i have learned will not help much, as people want experience info from winners..

So, listen to the good people here who have won, and contune to win..

One more thing, even though the Local VA and DRO has not helped move my claim forward sinc emy DRO hearing, at least i was abler to straighten up the claim and give my story, and I don't think they read the files and records and when I had my hearing it forced the VA office to actually see and hear my case, had it gone to the BVA without the DRO hearing, the BVA would have returned it for it being totally screwed up by the incompetence at the VA regional...

now it's possible I won at least half before the rest go to the BVA. In MY case having a DRO hearing was the right move,,, I made them do the right thing... I forced them to do the right thing and look at the evidence.... hear it, see it, listen to it, and evaluate it..

IMHO

Edited April 14, 2012 by retiredat44

[qwiksting]

Once again, as I look deeper into my own case (head is somewhat clear) I see where a request( 21-4138) for a DRO to look at my claims (one relates to the other, maybe secondary condition is the term) was submitted on 3/3/09, and received by the DAV National service officer on 16 April 09.

I was denied on both so I requested a DRO to look at it.

What happens when a DRO does not look at it and it gets sent to BVA?