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]

"Remaining issues from this decision that are under remand instruction

have yet to be settled -

so currently I am still in a holding pattern for almost

2 FULL YEARS, on remanded issues alone."

That reads to me that BVA remanded back to the RO, in which case you are in for a wait. That is not BVA but the RO. If that is indeed the case my guess is that your wait is tied to the Nehmer decision.

dean,

I'm glad you were pleased with BVA's timeline.

I continue to see the majority of claimants are not at all pleased with the time frame from

filing their substantive appeal through actually receiving resolve on their appealed issues.

BTW - didn't you also have to go to or are currently at COVA?

[deanbrt]

Carlie, I read somewhere that if it is with a VLJ the odds are 25% for an award, 50% for a remand and 25% for a denial. I will pray for the first for you.

[deanbrt]

"I continue to see the majority of claimants are not at all pleased with the time frame from

filing their substantive appeal through actually receiving resolve on their appealed issues.

BTW - didn't you also have to go to or are currently at COVA? "

But the issue is the time it takes to get to BVA not at BVA, which I see as an RO issue and then at BVA a VSO issue if you involve them.

And like Yulooking, my BVA award has gone back to the RO for rating. I have been told some are being processed at VACO but the normal route is back to the RO. I see now there are so many roadblocks to getting it to BVA and then a remand puts you back in the meat grinder.... But my personal feeling is the DRO thing gets you another 1-2 years wait for nothing. Again, my opinion. Get Hoppy to write your argument at BVA. He is beyond brilliant....... Dead serious.....

[deanbrt]

You and I are on the same wavelength Ketchup......

[carlie]

dean,

Check your PM's if you get a chance.

The 2 issues I have remaining relate to:

1) CUE on the denial of additional dependent compensation back to 1978.

2) Effective Date of a SC'd disability.

Also - I'm real familiar with Hoppy and have been for about 8 years or more.

Hoppy is great at medical issues and fighting the VBA.

My remaining issues have no need of anyone writing an argument for me for the BVA,

but if I was in need, I would be grateful to have Hoppy in my corner.

[qwiksting]

Ok, since I started this post...I had been waiting on BVA to update my status. I faxed a revocation of POA to DAV on the 18th of April, and a waiver for regional office consideration, along with some more evidence and an awesome letter from HOPPY. I called yesterday to make sure they (DAV and BVA) received my change of POA. Also checked with BVA as far as the extra evidence I submitted. DAV said they received nothing from me and told me they were still assigned as my POA. So, I faxed the revocation again yesterday to DAV. My appeal is now with a VLJ, however my benefits still list DAV as my POA. I also asked BVA if they had received my extra evidence and was told they had about 3 items I sent but that was it. I was told to re submit, so I did. Question.....once it gets a VLJ what can I expect?

16 June 2008 initial claim filed

29 August 2008 Denied at VARO

9 December 2008 NOD

3 March 2009 asked for a DRO (via DAV)

16 March 2009 received official letter from DAV stating I want a De NOVO review by DRO (never got one)

29 January 2010 BVA received appeal

18 February 2009 appeal pending

27 April 2012 with VLJ