Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

My first appeal ever, please school me!


Carl Bacon

Question

  • HadIt.com Elder

OK everyone, take it easy on me.

I plodded along and got 100% P&T all by my self, many successes, some denials, all agree-able.

On my last claim, I was denied secondary service connection for Barrett's and Hiatal Hernia, claimed as from medication use.

I have attached my 21-526EZ, 21-4138 and the denials from my rating letter.

I claimed secondary to medication use.  The VA denied because of no medical link, but no mention of medications and use.  

My question is, with a supplemental claim, you are not supposed to re-submit evidence, but if they don't mention it, did they use it?  The medication and historic use was included in my claims, along with symtoms while in service. 

Do I, can I, submit medical "peer review" articles as evidence?

Also, in their statements, they say I do have the disabilities.  So, I guess I have to make the link.  NSAIDS causing Barrett's and or Hiatal Hernia.

Suggestions,

Hamslice

Keep in mind, I still have to peek at my C-File and see what it has to say.

IMG_20220125_0001.pdf IMG_20220125_0002.pdf IMG_20220125_0003.pdf

Link to comment
Share on other sites

Recommended Posts

  • 0
2 minutes ago, Hamslice said:

My question is, with a supplemental claim, you are not supposed to re-submit evidence, but if they don't mention it, did they use it?  The medication and historic use was included in my claims, along with symtoms while in service. 

Do I, can I, submit medical "peer review" articles as evidence?

i dont know what others do- but whenever i resubmit claims i send everything i have again! and i even highlight what i want them to address if they didnt in the denial(thinking of my OSA claim here)

i also submitted peer review website links along with print outs(PDF versions) for my CAPD claim. i put the links in my statement and then printed each page in PDF format. some of those were also studies done by the VA linking CAPD to jp8 fuel exposure. i won an increase and in my C&P exam the doctor referred to those reports/studies/articles websites. 

hope that helps

  • Like 1
Link to comment
Share on other sites

  • 0
35 minutes ago, Hamslice said:

On my last claim, I was denied secondary service connection for Barrett's and Hiatal Hernia, claimed as from medication use.

 Not knowing or seeing what is in your C-file and medical records the simplest way to get service connection due to medications is to get a medical opinion that your treating medications caused your hiatal hernia and Barrett's disorder or that your hiatal hernia and Barrett's disorder is the result of your treating service-connected medications.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder
4 minutes ago, pacmanx1 said:

 Not knowing or seeing what is in your C-file and medical records the simplest way to get service connection due to medications is to get a medical opinion that your treating medications caused your hiatal hernia and Barrett's disorder or that your hiatal hernia and Barrett's disorder is the result of your treating service-connected medications.

Yes, I will wait as long as I can.  June 4th is the 1 year aniversary.

My claims didn't resolve fully until yesterday, and I put the request in for my file.

My initial C&P exam via NP, I thought was promising, but the VA deferrred and sent it out to California for a VA doctor medical opinion.

So, I need to see that opinion to see what I need to counter.

Thanks,

Hamslice

 

Link to comment
Share on other sites

  • 0

My experience with "VA Dr Medical Opinions" is that they are typically crazy-train morons that will make up whatever they want to deny a claim.  I, personally don't think they should be allowed to use them..period.  They suck.  

To your original question, if you are filing for an HLR you do not "have to" submit all of your evidence again as they in theory already have it and will not consider anything "new" for the appeal.  In your appeal, you can point out the specific items in your evidence that you feel weren't considered or what part of their process they violated.

If you plan to submit anything that wasn't originally in your initial Claim evidence, you will need to file a Supplemental.

Link to comment
Share on other sites

  • 0
On 1/25/2022 at 4:30 PM, blahsaysme2u said:

i also submitted peer review website links along with print outs(PDF versions) for my CAPD claim. i put the links in my statement and then printed each page in PDF format. some of those were also studies done by the VA linking CAPD to jp8 fuel exposure. i won an increase and in my C&P exam the doctor referred to those reports/studies/articles websites. 

Smart. Lead by the nose. They're busy after all.

  • Like 1
Link to comment
Share on other sites

  • 0
54 minutes ago, flow1972 said:

My experience with "VA Dr Medical Opinions" is that they are typically crazy-train morons

They do seem like the sludge on the bottom of the barrel that VA scoops up. Successful doctors are too busy making a real living, I guess.

  • Like 1
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • How to get your questions answered...

    question-001.jpeg

    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
    2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

    Leading to:

    Post clear questions and then give background info on them.

    Examples:

    • A. I was previously denied for apnea – Should I refile a claim?
      • was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

    Note:

    Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines