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

[flow1972]

2 hours ago, blahsaysme2u said:

so i was going to do HLR on couple claims but i wanted to submit a 4183 to lay out my NOD and why the VA got it wrong. my lawyer emailed me back saying they wont even read that in a HLR. doesnt seem right(as in they should let you at least make a statement, but i guess they consider that "new evidence" and that seems wrong)

so maybe supplemental is the way to go unless you just want someone to look at your claim as is...but i still feel like you should be able to make an argument to the HLR. 

You can ask for an informal hearing where the HLR rep calls you. You can explain the reason for your HLR then as long as you are arguing evidence they already have in the original claim or C File at the time of the original claim.

[Rivet62]

57 minutes ago, flow1972 said:

You can ask for an informal hearing where the HLR rep calls you. You can explain the reason for your HLR then as long as you are arguing evidence they already have in the original claim or C File at the time of the original claim.

Is that possible, I wonder with a TDIU claim, where the TDIU form was never filed but the evidence was before the RO in my medical record?? 

[flow1972]

52 minutes ago, Rivet62 said:

Is that possible, I wonder with a TDIU claim, where the TDIU form was never filed but the evidence was before the RO in my medical record?? 

I’m not sure if the appeals process is the same for TDIU as it’s for regular claims…but I would think it is. But since what you’re describing is a process error…it may require supplemental to submit the correct document. No matter how much the VA violates their own laws..we are expected to follow them to the enth degree.

I used an HLR for a regular claim, and requested a phone call from the evaluator. At that time I explained the error in rating of my original claim based on evidence they had in the original claim. The original rater had not done the math on the prescriptions submitted with the claim, and that math gave me a 30% rating based on their rating table. I was correct, and the HLR rater gave me the 30%.

[Rivet62]

3 minutes ago, flow1972 said:

I was correct, and the HLR rater gave me the 30%.

excellent

[Carl the Engineer]

4 hours ago, flow1972 said:

You can ask for an informal hearing where the HLR rep calls you. You can explain the reason for your HLR then as long as you are arguing evidence they already have in the original claim or C File at the time of the original claim.

OK, I probably should read the three different VA forms for each one of the choices, before I make my move.

The "informal conference" with the HLR at least gives me a chance to ask the RO if they are seeing what I submitted regards the NSAID use for over 14 years.

Thanks flow,

Hamslice

I feel better now.

[pacmanx1]

14 minutes ago, Hamslice said:

OK, I probably should read the three different VA forms for each one of the choices, before I make my move.

The "informal conference" with the HLR at least gives me a chance to ask the RO if they are seeing what I submitted regards the NSAID use for over 14 years.

Thanks flow,

Hamslice

I feel better now.

Your claim your decision. This may or may not change the HLRs opinion. 

Pay close attention to item 16, 16A and 16B. If you choose to go this route. HLRs decisions are taking about three to nine months and if they deny your claim you will have to file an Appeal to the BVA which are taking about a little over a year or more. If you do not get a phone call and still get a decision you can include it in your disagreement to the BVA. 

VBA-20-0996-ARE.pdf (va.gov)