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]

9 hours ago, flow1972 said:

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

will they deny the HLR if you do? oooops...guess i might be waiting on a denial and resubmitting blah

[flow1972]

6 minutes ago, blahsaysme2u said:

will they deny the HLR if you do? oooops...guess i might be waiting on a denial and resubmitting blah

I’m not sure if they’ll “deny” it, but they won’t use it in their consideration of the appeal…so there is no “benefit” in including it. 

[Carl the Engineer]

My plan is to go supplemantal.

Thanks,

Hamslice

 

[Whodat]

Why wouldn't you do an HLR?

[El Train]

Good chance they'll just rubber stamp a HLR.  Couldn't hurt to try I guess.  Submitting peer reviews or other vets court cases most likely will get you nowhere since everyone's case is different.  At least that will be there excuse. Most likely won't even read them.

I personally would get a MD's IME (independent medical opinion) and file a NOD (notice of disagreement) and submit that evidence.  Have your VSO do it.  I've got to 100% P&T/SMC-S, in short order going this route.  There are Dr's out there who are familiar with VA lingo that can help you connect the dots with secondary's.

[Carl the Engineer]

3 hours ago, Whodat said:

Why wouldn't you do an HLR?

Because I want to submit new evidence,

Hamslice