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@  Tbird : (21 September 2014 - 12:48 AM) Forum Is Back Up And Running. We Lost Some Posts, But Were Able To Restore All The Posts To Sep 17. A Big Thank You To Member Kacy For Volunteering And Getting This Fixed.
@  raptorick : (20 September 2014 - 10:12 PM) Posts After The 17Th Are Missing
@  YellowGTO : (17 September 2014 - 01:37 PM) I Can See Reply's In My Email But When I Click The Link It Says "sorry, We Couldn't Find That!" Anyone Have Any Ideas?
@  cragwex : (15 September 2014 - 10:22 AM) Asking For T & P
@  NeverGiveUp : (14 September 2014 - 01:19 PM) Got Denial Letter From Va On Friday, Having Surgery For Hip This Friday Need Advice
@  Tbird : (13 September 2014 - 02:39 PM) Thank You Notorious
@  Notorious Kelly : (12 September 2014 - 02:52 PM) Happy To See The Donate Button For Hadit. No Pressure If You're Struggling But Give If You Can!
@  vet201060 : (11 September 2014 - 11:49 PM) Got The Dea Letter For Pain Killers Today. Interesting To See How This Actually Effects Us Getting Our Meds
@  bad@57 : (11 September 2014 - 07:07 PM) Hello Vets, Had A Very successful Bva Hearing August 20, 2014. Submitting Final Paperwork To Judge For Decision. Wish Me Luck As I Do All!
@  dereekbanks : (11 September 2014 - 12:49 PM) Still No Letter In The Mail, But I Think I Was Denied. Feeling Depressed!
@  dereekbanks : (11 September 2014 - 12:48 PM) Claim Closed On The 8Th, Its 3 Days Later And Ebenefits Still Shows My Same Old Rating.
@  Rotor Head : (11 September 2014 - 06:20 AM) Remember, The 'e' In Ebennies Stands For Entertainment. :blink:
@  ssgtob1 : (11 September 2014 - 05:14 AM) Got Back In, No Change The Last 10 Times I Checked It :(
@  Notorious Kelly : (10 September 2014 - 07:45 PM) Ebenefits Is Back "up" (But I Can't Do Anything In It) ;)
@  carlie : (10 September 2014 - 05:14 PM) Good - They Should Be Helping The Vets In The Virgin Islands - They Should Be Helping All Vets That Can't Earn A Living Due To Something They Experienced On Active Duty.
@  lcurle : (10 September 2014 - 04:37 PM) I Saw On Va.gov That They Are Helping The Homeless Vets In The Us Virgin Islands....im In!
@  lcurle : (10 September 2014 - 04:35 PM) You Must Be A Patient Man To Check It Only Every 10 Minutes, I Hit F5 Every 3 Seconds!
@  ssgtob1 : (10 September 2014 - 12:45 PM) Ebenefits Is Down :( Now I Cant Check It Every 10 Minutes
@  Gastone : (10 September 2014 - 04:25 AM) Heads Up! The 2013 Cbo Report Big Savings By Taxing Comp And Eliminating Iu Past 65 Starting In 2015. Not A Done Deal, Yet! Yrs Of Age.
@  carlie : (09 September 2014 - 06:12 PM) Dereekbanks - No - That Does Not Mean You Were Denied. They Do Not Update Ebenefits On A Daily Basis.

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Smitty's Gerd Claim


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3 replies to this topic

#1 Hoppy

 
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Posted 18 May 2013 - 06:23 PM

I am still alive.  I have been battling a major lower back problem for over five months. Sitting was difficult.  The computer became an enemy. The symptoms have almost completely resolved, so I will try to get back to the board. Smitty called me yesterday and told me he won service connection for his GERD claim at the second go around at the BVA. He is mailing me the decision.  He says it is 25 pages. 25 pages and two denials for a pretty obvious (to me) valid claim.  Basically the claim was awarded without any significant new medical evidence.  Basically what it took was being persistent and connecting the dots for the raters. The trick was explaining to them that the C&P reports used as evidence against the claim on the two previous denials was based on the failure to make a diagnosis of GERD by the C&P examiners that had no legal merit and that the only significant evidence was the continuity of symptoms and diagnoses clearly established in the VAMC treatment notes and a DBQ written by the primary care doctor. On the previous denials they Gave weight to two C&P that said there was no objective evidence of GERD.  There actually were several reports based on scientific tests showing reflux.  Additionally, I found BVA cases where subjective complaints of GERD were sufficient even in the absence of scientific evidence. Smitty’s  symptoms started in the military and continued without any significant interruption or resolution.  These facts were well established in the VAMC treatment notes.

 

 



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#2 qwiksting

 
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Posted 19 May 2013 - 11:16 AM

Thank you Hoppy for connecting the dots, in a way, a first grader could follow. Thank you for helping me. I will be sending the descision letter to you.  

 

Without you, Hoppy, I would have been another disgruntled vet that the VA swept under the rug. Again sir, thank you!!



Thank you Hoppy for connecting the dots, in a way, a first grader could follow. Thank you for helping me. I will be sending the descision letter to you.  

 

Without you, Hoppy, I would have been another disgruntled vet that the VA swept under the rug. Again sir, thank you!!



#3 donh777

 
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Posted 19 May 2013 - 07:33 PM

Hoppy.. Glad to see you posting again. You give excellent advice.



#4 qwiksting

 
qwiksting

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Posted 30 May 2013 - 05:37 AM

Well, according to the VA, I called yesterday to get an update, I was assigned a 0 percent rating. After 5 years of denials,BVA,AMC,BVA, and finally conceded by the BVA. I am happy it was SC, however, with the treatment records, multiple endoscopy reports, and the outstanding DBQ filled out by my PCP, I will get a 0 percent rating. I wrote my congressman, Jeff Miller< to have his office look into WTF. I have looked at the CFR to get an idea of how they should have rated it. If I understand correctly, there is no code for GERD. I understand that they rate it analgalously with Hiatal Hernia because the symptoms are so close. I was denied tha Hiatal Hernia claim by the BVA, but awarded GERD, and Gastric ulcer. Looks like this is going to be another 5 year battle. I want to also thank HOPPY, for all his help,experience and input into this claim. I dont feel I would have made it through the BS without him. Although this is a bit premature, as the guy at the VA said it was in the authoization phase, I feel LOW BALLED!






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