HLR for Barrett's and Hiatal Hernia

[Carl the Engineer]

Well,

I waited as long as practical, but I just submitted an online (all of 2 minutes) HLR for my denied Barrett's and Hiatal Hernia of Jun 4, 2021.  I was waiting for my C-File to come to see the exams etc., but it has not arrived yet.

Both were claimed by me as secondary to my medications for HBP, DDD and DJD of spine, etc.  I was denied because the Barrett's and Hiatal Hernia was not related to the conditions of HBP, DDD and DJD of spine, etc., etc.  

I am unsure if "conditions of" is the same or not the same as caused by medications.  And I will express that to the caller when I have my phone meeting.

That and the fact that I do not have access to my exams and evaluations (opinions) from the third pary examiners.

Wish me luck,

Carl

Then if denied, supplemental.  Hopefully I will have the C-File by then.

Edited May 3, 2022 by Carl Bacon
cause I can

[Carl the Engineer]

Update,

Had the HLR informal interview today right on time.  

A very nice sounding young lady, told me the boilerplate HLR information and when it was my turn I went page by page through any pages of my claim that were related to the two denied maladies.  I asked if I could get a transcript of the interview and she said no, it is not recorded and that the DRO's just take notes.  In my application and in my statement, I was claiming secondary caused by medications from my already service connected disabilities.  She said she saw that.  I then showed her where there was no mention of medications in the denials.  I then showed her my VA diagnosis's and my medication list from same.  Also, dates and times, etc.

When I was done, she said that she could see that my appeal had merit as she could not see any mention of medications in the denials also.  She said the denial(s) (what was written) was insuficiant.  And also, my claims could still be denied, but with a better explanation.

She asked if I had anything else, and I told her that I knew that I could not offer new evicence, but would she take a few "common knowledge" statements from medical sites.  I was supprised when she said go ahead.  I read her three statements, 1 from Hopkins and 2 from St Elizabeths, that supported the medical connection.  One being quite specific.  "Potassiuim is a esophagitis enducing medication".  For what it's worth there are/were 4 medications in my medications list that all cause or contribute to esophagitis.

We then went off the trail a bit and I ask her about presumptive, and she said there is some for Iraq and esophageal issues, but not structural, which Barrett's is.

Lastly, I asked here about EED's in regards to when the service connected medication causes a malady, versus when the claim is made.  She told me that they (VA) will take a look at that and see if they could have a earlier EED because of what she had alreay seen in my file on the computer she was using as we did the interview.

I think it went extremely well, but we know how that feels,

Carl

 

 

[Carl the Engineer]

Update,

Stopped by the Court House to get a building permit, wandered over to the Veteran's Service Office.  They printed a few things for me.  Judging from the last time, I would have seen these in about a month.

Where it stands today,

Carl

As I was posting these two images, I just realized she went back to the original denial for gastroenteritis from my original claim from 2009.  Well, that's big...

 

Edited June 7, 2022 by Carl Bacon

[Whodat]

What are you going to do?

[pacmanx1]

At the present time there is nothing to do but wait. It states, "VA will provide you notification of the evidence we will obtain to address these errors under a separate cover". Keep in mind that once the VA begins to obtain more evidence, the VA will also give you an opportunity to submit an additional response. The fight is not over. 

[Whodat]

They did the same to me. I still got denied. The only thing that VA did was order more exams

[pacmanx1]

1 minute ago, Whodat said:

They did the same to me. I still got denied. The only thing that VA did was order more exams

Veterans must be prepared to file an appeal to the CAVC. The VA/BVA denied one of my claims/appeals for 2 decades twenty plus years before the CAVC ordered them to grant it direct service connected. This simply means that the evidence was always in my records but overlooked and or ignored. I finally won a 1998 effective date. They lie until they are caught.  I was also granted an earlier TDIU effective date.