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Wonder if I can Appeal a BVA Remand letter back to the Court of Appeals or ask for reconsideration?


glenda h

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Since 2019 fighting for increase of GERD to include service connection for gastritis.   I had gastritis with H pylori , prior to retiring but seem to ignore this one condition.  Now It has gotten worse.  I appealed, The RO (KY) reduced me back to 0% from 10%, after holding this rating since 2007. I filed for an increase to include this,(gastritis with h-pylori) but again only for GERD.  The rater back in 2007  didnt forward my private doctor's documents and C-file to the examiner.   Folks here say I dont have a CUE. Nothing said of my other conditions only GERD (7346) because I had  a hiatal hernia.  This time it is erosive esophagitis and erosive gastritis with multiple lesions, stomach polyp from prolong use of medication.  I had the tests done at the VA hospital! Gave me an ACE, even tho evidence was there for a decision. CP Dr didnt even read my file, ignored the other conditions, rater ignored as well, gave me the 0%.  Board gave my 10%  back to me, but denied the increase, ignored the other info .  I appealed to the Court of Appeals .  Judge even stated case was problematic because of deficiencies in the opinion , C&P Dr (she didnt say too much at all) (rater didnt even say much) reviewed my whole file, and that BVA judge just copied info provided no rationale.  Remanded back, and just learned that BVA, after two days (Per Ebenefits) remanded back to the same stupid RO. The same one who didnt even read my claim, who didnt go by the law, and a Dr whose online reviews are bad.  I just hoped it wasnt the same BVA judge.  I knew something was gonna get messed up, as the letter I received from the Board about additional argument I want to send-  had a date they had for the decision was 7 Jun 2021 instead of back in May 2020,  leaving me to believe now that they didnt read anything and just forward back to justify their stats.  And who knows how long?  I am 69 years old, and I am of the belief that they hope I die before this is settled.   It states that for an increase- Where an increase in the level of a disability is at issue, the primary concern is the present level of disability.  Francisco v. Brown, 7 Vet. App. 55 (1994)  meaning as of 31 Jan 2019 my condition was worse, but with a new remand, they will give me another EGD and then deny again, saying I'm a super trooper, all in my head.    Im just fed up!

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That is why Tbird started "hadit".  

My advice is:

1.  Dont even think of making a decision on what to do until you receive the envelope, ebenfits is unreliable or often out of date.  

2.  Ok, so CAVC remanded to BVA, and BVA remanded to VARO. Welcome to the hamster wheel of remands.  I finally "got off" the hamster wheel of remands when I submitted new and material evidence (an IMO). While I have not reviewed your file, there may have been something in there...Reread your file and especially c and p exams.   You would be suprised at how many times The VARO lost evidence critical to supporting our claim.  It happens often enough they have a special regulation for it:  38 CFR 3.156.  Review the decision letters "evidence" section and see what evidence they had.  

3.  In short, its probably gonna take an IMO to win it.  If you can not afford an IMO, there are several law firms who will upfront the cost of an IMO "provided that" they think it will be a winner.  Its happened to me before, as one law firm upfronted the IMO fee and I paid it back out of retro.    

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I would apply for hardship put your condition and the medical reports frim va doctor.

Not to many just most recent.

And also include your age.

I hardship is  granted it will flag your remand in system.

Could speed it up.

 

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