Appeal question

[Soliz]

Hi all!

 

I originally filed for about eight things.  I have received a decision on all but one.  The last one was deferred.  My question - can I appeal a decision on a couple conditions, even if I still have one claimed condition deferred?

 

thank you!

[Bwaveteran]

Well, if the rater missed it, then you should point that out for the HLR.

Backdraw on that, you cannot submit any new evidence to the HLR.

I had a horrible experience with the HLR( former DRO Review) until my case was won at the BVA. 

With my Rating Decision just recently from the ARC, they used the evidence and errors from the initial and DRO to establish my rating, so that should tell what’s what. Go figure right.

Get with your VSO or Attorney and discuss it over.

Edited June 14, 2019 by Bwaveteran
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[Soliz]

8 minutes ago, Bwaveteran said:

Well, if the rater missed it, then you should point that out for the HLR.

Backdraw on that, you cannot submit any new evidence to the HLR.

I had a horrible experience with the HLR( former DRO Review) until my case was won at the BVA. 

With my Rating Decision just recently from the ARC, they used the evidence and errors from the initial and DRO to establish my rating, so that should tell what’s what. Go figure right.

Get with your VSO or Attorney and discuss it over.

I have such bad luck getting my VSO to respond to me....guess I’ll have to make an appointment.  I was thinking of appealing on my own, but should probably get help.  Such a process 

[Berta]

Solit: this vet succeed on a colitus GWV claim:

in part:

"In an April 2015 report, a private physician stated that the Veteran had symptoms of diarrhea, fatigue and back pain which are compatible with Gulf War Syndrome. The physician stated that the Veteran’s symptoms started after service in the Gulf War. In a December 2015 report, a private physician reported that the Veteran underwent chronic workup of his chronic diarrhea. The physician noted that as the Veteran was exposed to chemicals during his service in the Gulf War, Gulf War syndrome was suspected. Also, given his psychiatric issues, irritable bowel syndrome was a possible diagnosis. The physician felt that chronic diarrhea may be caused by either illness. In a July 2017 report, a private examiner noted that the Veteran had symptoms of diarrhea, fatigue, muscle and joint pain, and headaches which are compatible with Gulf War Syndrome. The physician related that the symptoms started after service in the Gulf War. In this case, the competent medical evidence of record indicates that the Veteran’s reports of chronic diarrhea have been attributed to colitis, a diagnosed disability. Thus, his complaints of diarrhea cannot be service-connected as being due to an undiagnosed illness. 38 C.F.R. § 3.317. However, the Veteran has consistently reported the onset of diarrhea during his period of active duty which has continued since service discharge and he was ultimately diagnosed as having colitis. Although there is evidence against the claim, the Board places great probative value on the Veteran’s statements regarding the onset and continuity of symptomatology as the Veteran is competent to report about what happened to him during service and his statements are found to be credible. Moreover, private physicians have related the onset of the Veteran’s diarrhea symptoms to his service in the Persian Gulf.

Resolving all doubt in favor of the Veteran, based on the foregoing, the Board finds that the Veteran’s colitis began during active service. Service connection for colitis is granted.

https://www.va.gov/vetapp18/files9/18133134.txt

He had strong medical opinions from private doctors.

[Soliz]

2 hours ago, Berta said:

Solit: this vet succeed on a colitus GWV claim:

in part:

"In an April 2015 report, a private physician stated that the Veteran had symptoms of diarrhea, fatigue and back pain which are compatible with Gulf War Syndrome. The physician stated that the Veteran’s symptoms started after service in the Gulf War. In a December 2015 report, a private physician reported that the Veteran underwent chronic workup of his chronic diarrhea. The physician noted that as the Veteran was exposed to chemicals during his service in the Gulf War, Gulf War syndrome was suspected. Also, given his psychiatric issues, irritable bowel syndrome was a possible diagnosis. The physician felt that chronic diarrhea may be caused by either illness. In a July 2017 report, a private examiner noted that the Veteran had symptoms of diarrhea, fatigue, muscle and joint pain, and headaches which are compatible with Gulf War Syndrome. The physician related that the symptoms started after service in the Gulf War. In this case, the competent medical evidence of record indicates that the Veteran’s reports of chronic diarrhea have been attributed to colitis, a diagnosed disability. Thus, his complaints of diarrhea cannot be service-connected as being due to an undiagnosed illness. 38 C.F.R. § 3.317. However, the Veteran has consistently reported the onset of diarrhea during his period of active duty which has continued since service discharge and he was ultimately diagnosed as having colitis. Although there is evidence against the claim, the Board places great probative value on the Veteran’s statements regarding the onset and continuity of symptomatology as the Veteran is competent to report about what happened to him during service and his statements are found to be credible. Moreover, private physicians have related the onset of the Veteran’s diarrhea symptoms to his service in the Persian Gulf.

Resolving all doubt in favor of the Veteran, based on the foregoing, the Board finds that the Veteran’s colitis began during active service. Service connection for colitis is granted.

https://www.va.gov/vetapp18/files9/18133134.txt

He had strong medical opinions from private doctors.

Wow, thanks!  This is really interesting!  I will go and read the whole thing.  Thanks again.

[broncovet]

Who, hoss!   Dont appeal anything using HLR if you have new evidence.  Or, even if you think you may have new evidence.  HLR precludes new evidence.  Use HLR only if you are certain VA has all your records and that they are complete.  Since its hard to know what evidence VA has, I dont recommend HLR.  

[Soliz]

53 minutes ago, broncovet said:

Who, hoss!   Dont appeal anything using HLR if you have new evidence.  Or, even if you think you may have new evidence.  HLR precludes new evidence.  Use HLR only if you are certain VA has all your records and that they are complete.  Since its hard to know what evidence VA has, I dont recommend HLR.  

Oh, okay.  So you suggest the path where you can submit more evidence?