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.

[qwiksting]

Well, there seems to be more movement on my appeal. Maybe somebody can chime in..this is what benefits is telling me:

I see they have updated my appeal as of today..6/22/2012 and when I click on download va letters this is what I get...

We are unable to locate records in VA files indicating eligibility for the VA letters that are currently provided in this on-line service. Please call the National Call Center at 1-800-827-1000 if you need additional information.

I also get this for pretty much anything else I click on..VA payment history

Anyone ever have this happen?

[deanbrt]

I think there is a glitch in the software today.

[qwiksting]

Ok, it looks like the Board has made a decision on my case. I called today after looking at Ebenefits. My Ebenefits says:

Your case has been received at BVA, and BVA has mailed your decision to you (and your representative, if any) and will be returning your claims file to the Appeals Management Center or, if represented by an attorney, the Regional Office. Please note that transit times vary, and there may be some lag time between when BVA forwards your claims file to its appropriate location and when that location receives it.

Does this mean it is going to the AMC? The lady I talked to at BVA could not tell me what the decision was.

[ketchup56]

Yes it looks like it was remanded to amc, usally for more development of appeals.(ie.. c&p exam,medical records, medical opinions etc..). Sorry to say but, this is not where you want your claims. I just had my appeal leave this place today after 2 months at the amc, with 1 of those months file was just collecting dust. But only after having made sure the remanded development was completed to va standards, and verified that development was completed, i submitted a waiver of their considerations and within 3 day's my appeal was out of there, and as of today it is back with the vlj. I DO NOT recommend this at all to every veteran in their appeals , but i felt i had good evidence, and feel these people at the ro level just plain refuse to read and comprehend evidence.

Wait until you receive your letter from bva and take it from there. Also check your letter generator to see if any new letters have posted in your profile, it could also maybe be a partial grant/ remand.

[qwiksting]

You are right ketchup..I just got off the phone with VA, and from the conversation I had with the woman there, she said something about Hernia, and more evidence...I asked about my GERD and she said once the AMC is done with it , it will go back to BVA. So no decision on anything yet I suppose. Maybe they want me to go to a C&P for the hernia, ( I never got a C&P for my hernia,just a denial from VA). Anyway, all of it is somewhat related to one another. GERD,Esophagitis,ulcer......then another claim for Hiatal Hernia. Both Claims denied, both were NOD and ended up at BVA together. Waiting with anxiety.....

[deanbrt]

A remand is always better than a denial. : )