My first appeal ever, please school me!

[Carl the Engineer]

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

[blahsaysme2u]

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

[pacmanx1]

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.

[Carl the Engineer]

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

 

[flow1972]

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.

[Rivet62]

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.

[Rivet62]

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.