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

[Carl the Engineer]

11 minutes ago, pacmanx1 said:

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)

I believe, I can file a supplemental at that time, and if that fails, then to the Board.

That's what the 0998 says,

Hamslice

 

[Rivet62]

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

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)

Good advice, I think.  VA is making me submit a new claim for my C-spine because they combined all sections of my back by error. Even though I know they have all the images and old reports (2016), I am adding to that with current images and reports, and I'm citing the records that caused them to combine my C-spine in the first place.