A Bva Win

[qwiksting]

Sorry, I had to put that in Caps. It has been since june 2008 (claim filed) to BVA to AMC then back to BVA. Each C&P exam was heavily stacked against the evidence of record! Hoppy, the genius he is, saw right through the BS and assisted me. He deserves all the credit on this one. I originally filed a claim for GERD with esophageal ulcer secondary. My PCP ordered endo scope December 2005, (it was denied until I filed this claim in 2008) I got scoped in 2008, with a new finding of hiatal hernia. I filed another claim for that. So, I have 2 claims going that pertain to the same anatomical area. The Gerd/ulcer claim was denied and a month later the hernia claim denied. I filed a NOD, long story short, it ended up at BVA in 2010. Got remanded in 2012, then back to BVA 2013. And the decision was.....to grant service connection for GERD and Gastric Ulcer. Deny service connection for Hiatal Hernia.

My question now for anyone who has experienced this, How the heck do they rate something if it isn't in the 38 CFR rating schedule? And are these two things considered 2 different conditions to rate? My Cfile was sent back to St. Pete for them to do what they do....whatever the heck that is. I called the VA yesterday and was told to keep an eye on ebenefits, for a NEW claim to open. I am guessing it is for this descision from BVA.

Any input from the experienced ones would really be appreciated. This claim goes back only 60 months.

[qwiksting]

Well, I have always been told a 0% rating is a win. Thats what I was awarded according to the DAV (who I fired 2 years ago). I got the DAV letter in the mail today and it said this was an unofficial notice that the VA had rated my Gastroesophageal reflux disease with esophageal ulcer is granted with an evaluation of 0 percent effective June 25 2008. So I guess I see how they want to do this. It just was granted Service connection on the 14th of May and this letter was sent to me on the 28th of May. Something smells fishy. With the DBQ my PCP filled out for me, this should have been rated 30%. This was started 25 june 2008, went to the BVA whom remanded it, then back to the BVA. The BVA granted Service connection: The BVA descision reads:Service connection for GI disability,including GERD with esophageal ulcer, is warranted.

Waiting on the Official slap in the face from the VA. Should get it sometime next week I guess, then start all over with another NOD. Hoppy, thanks but we aren't done yet.

BTW, My VA treatment records are continuous with treatment,endoscopies,medication that I am currently on for GERD. In fact, it is listed as chronic severe gerd on my problems list. Me thinks someone at the VARO is upset the BVA sided with me. They took all of 10 days to get it from the BVA,in process my cfile, rate it, and then send me a decision?? Really?

Edited June 1, 2013 by qwiksting

[john999]

Qwik

If I were you I would have a private doctor follow me very closely on this gerd since you can have throat cancer from it. By the time the VA gets around to it you will be far gone possibly. Apart from compensation I would stay very much on top of this.

[qwiksting]

Yes sir, I have been. I actually had a endoscopic procedure done by a private Gastroentologist in april 2012. I plan on having another done this year. His report was submitted as part of my evidence to support my claim that was at the BVA. It was similar to the 2 endoscopic procedures done by the VA which were done in 2008 and 2012. That and the Upper GI's that were done (October 2012 as part of a C&P remand) that clearly indicated by the written report that I have issues. However, as the C&P examiner wrote, I have no current issues. I did go to the VA, found the C&P examiner and informed him (informally) that I won the Claim at BVA. The look on his face was priceless, and it did give me some vindication. However, the issue is, I am being lowballed and dismissed by the VA, which I do not appreciate. So, I will go for the throat now!

[FormerMember]

Remember this always. VA rates low just like an insurance adjuster looking at your bumper and left rear quarter panel. His attitude is "She still drives okay, right?" If you foolishly nod your head yeah, you'll get the "l" part of the lollipop without the "0" flavored thingie attached. As long as you understand this facet of VA claims negotiations, you can argue successfully with them. I still remember in 1992 my DAV VSO who told me "Now, don't be greedy. We'll come back in a few years and tell them your tinnitus has gotten worse and they'll give you 10%. That's how we do these things. I've known your rater for 8 years." Get a lot of medical evidence. Deal from a position of strength. Never overlook statements from wife and kids attesting to your increasing debilitation. Best of Luck.

[qwiksting]

Thank you ask nod. I plan on getting the official word from VA, see what box they are coming out of, and attack. Well, with the master...Hoppy.