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]

DAV never got my DE Novo review to the DRO. or VA never acknowledged my DRO request. I ended up in the "traditional appeals process". so......its been awhile since my NOD. Its been at BVA , well DAV near BVA since 1/29/2010

qwik,

Here's a link for research if you want it.

Click on the link below - then scroll down to Chapter 5 - Appeals for the meat of it.

http://www.benefits.va.gov/warms/M21_1MR1.asp

[ketchup56]

Update on ebenefits today. Bva appeal went from stage 4 to stage 5 and then stage 6. It states c-file will be returning to amc- OR- regional office, what ever that means. This really tells me nothing as to what the decision was, just have to wait on the postman.

[carlie]

Update on ebenefits today. Bva appeal went from stage 4 to stage 5 and then stage 6. It states c-file will be returning to amc- OR- regional office, what ever that means. This really tells me nothing as to what the decision was, just have to wait on the postman.

Sounds like partial grant/remand, can't remember how many issues you had on appeal.

JMHO

[Chuck75]

Retired, I know there are differences of opinion but my personal belief is the DRO process is a black hole and use of a VSO can add more delay time as the VA is obligated to wait for their review at certain points.Some of them appear to be horribly backed up. What bothers me is that they do not let the vet know about it.

My experience with the DRO process was that they just "rubber stamped" things, to get them over and done!

Seems that the DRO was the RO's supervisor, and signed off on the original denial. This was about three years ago, so things might have changed.

That was the final straw that led to hiring a lawyer. The next step is for the lawyer and myself to review the "complete" C file, determine what is really missing,

and go from there. I know that some early documents with dates in the late 60's are missing, at least in the copies that were sent to myself and the lawyer.

Other documents were nothing but blank pages in our copies.

[deanbrt]

I am with you on DRO, Chuck... My personal opinion.....

[qwiksting]

Well, I can only hope things progress along qwiker now, that I don't have a POA. I just sent in a DBQ from my primary care Doc at VA. He did a real good job on it!!