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.

[carlie]

I have experienced both:

1) a basic rubber stamped (duplicate) denial, as a result of a DRO Hearing

2) a DRO Hearing with a result of a partial grant - some issues were granted SC, some were increased

and together they combined to provide of over 25 K in retro and some issue/s remained denied

as a result of the DRO decision.

Most of the issues that continued to be denied were appealed to the higher

level of BVA and were granted as SC'd with staged ratings applied due to the medical

evidence of record. This resulted in over 100 K of retro because the effective date of SC

was determined to be over 10 years back.

[ketchup56]

Well as promised here's an update on my appeal at bva. REMANDED TO AMC for them to get all records from the SSA and to associate these records to the file , then reajudicate and if still denied to return file to bva. This is total bs,because as stated in my evidence section of my SOC and in the reasons and basis from the DRO this had already been done. I submitted my award letter, and the ssa transmittal letter showing that i was disabled for the same conditions i am claiming service connection for as evidence when i filed these claims, and still this was not done by the varo. This is the only and sole reason i go back into the meat grinder, because varo OAKLAND,CA. failed to do this simple task. At least the VLJ caught this, because this evidence is the MEAT in my claim for tdiu. What kind of wait am i looking at since being dumped back into the grinder?

[john999]

You are the meat in the meatgrinder in your claim for TDIU. There is no way to tell how long these things will take. It depends how many mistakes they make and how long it takes to catch them. I had a claim get all the way to the Court of Veteran Appeals and a very basic mistake in the rating schedule was discovered. This took 6 years to get to that point. You just have to be all over your claim.

John

[deanbrt]

" REMANDED TO AMC for them to get all records from the SSA and to associate these records to the file , then reajudicate and if still denied to return file to bva."

Ketchup, this happened to me. You need to go down to your local SS office and get them yourself and send them in (SS will put them on CD). the VA will take MONTHS getting them.

[ketchup56]

" REMANDED TO AMC for them to get all records from the SSA and to associate these records to the file , then reajudicate and if still denied to return file to bva."

Ketchup, this happened to me. You need to go down to your local SS office and get them yourself and send them in (SS will put them on CD). the VA will take MONTHS getting them.

Yes you are right about they will take forever. I already have the cd and i will download every page and send it to them. Am i right in assuming that the amc is given 15 days to send me a letter notifying me of reciept of remand, and is it at this point where i submit the records? Also it seems to me being a federal agency that it should not be that difficult to obtain these records from one federal agency to another. It's not the amc obtaning the records i"m worried about it 's the wasted time of bva 's remand order to have them adjudicate the appeal all over again. Twice already they could not get it right but here it is again, even after waiving aoj juridiction it there anyway's. TOTAL BS. On second thought i will take the cd to my varo office and have them download the cd and submit it to the amc.

[ketchup56]

Sorry for the double post . Can someone delete this or how do i accomplish this ?