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@  chuck57thSig : (30 October 2014 - 05:51 PM) Sarti07, It's Under (Va Claims And Research) Http://www.hadit.com/forums/topic/59064-Prep-For-Decision-Phaseprovisional-Rating/
@  sarti07 : (30 October 2014 - 02:43 PM) Hello, I Just Posted A Topic About Prep For Decision.. I Have No Idea Where To Find It! Lol
@  carlie : (28 October 2014 - 03:42 PM) Reelnrod - Just Pick A Topic That Corresponds To Your Stuff And Post It
@  reelnrod : (28 October 2014 - 10:11 AM) So, How Do I Post A Topic?
@  Thadine : (28 October 2014 - 08:21 AM) Irrrl
@  Thadine : (28 October 2014 - 08:18 AM) Fishing License
@  Thadine : (28 October 2014 - 08:14 AM) Thadine Quick
@  red : (27 October 2014 - 12:14 PM) Anyone Heard Any Updates On Flying Space A For 100% Disabled Vets?
@  maxwell18 : (27 October 2014 - 10:49 AM) I Did Contact My Congressman Jeff Miller, Let's See What Will Happen
@  maxwell18 : (27 October 2014 - 10:48 AM) @britton
@  Tbird : (27 October 2014 - 04:26 AM) Thank You Larry S For Your Contribution To Our Funding Campaign
@  britton : (26 October 2014 - 07:33 PM) Everyone (Veteran's) Should Recive A Memo From The Dept Of Veterans Affairs ****notification Of Medication Scheduling Change****
@  britton : (26 October 2014 - 07:24 PM) Meds That Are Consider To Be Schedule Ii Narcotic...pain Meds Like Hydrocodone Ectt Ect,,
@  britton : (26 October 2014 - 07:22 PM) As I Understand We Only Can See The Va Dr's Every 28 Days To Renew Our Prescription Meds A New Law Went Into Effect Oct 6Th 2014....i Only See Problems Problems Problems With This...grrrrr
@  maxwell18 : (26 October 2014 - 03:52 PM) This Is Maxwell18 Would The Person Who Contacted Me (Vern2) Please Contact Me Again, I Attemped To E Mail You It Returned No Reply. Thanks
@  Tbird : (26 October 2014 - 05:12 AM) Thank You Maxwell18 For Your Contribution To Our Funding Campaign.
@  Notorious Kelly : (25 October 2014 - 07:53 PM) Max- Contact Your Congressman- Dea Has Got Docs So Cowed They're Afraid To Dispense Tylenol
@  maxwell18 : (25 October 2014 - 07:10 PM) Anybody Having Problems Getting Pain Pills (Norco) Filled Us Navy Base (Nas Whiting Fld Milton Fl). Had A Prescription For 90 Norco Pills For 30 Days, 3 A Day For Pain, Got 30 For 30 Days. That Will Last Me 10 Days. Another Thing That Our Government Is Screwing With Us. I Don't Know What To Do, Don't Want To To The Va, Don't Know What They Will Either. Anybody Goy Any Ideas. 
@  Burt : (25 October 2014 - 10:28 AM) Does Anyone Else Here Wear A Don Joy Armor Knee Brace From The Va?
@  red : (24 October 2014 - 10:10 AM) Any News On Space A Flying?

Photo
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Smitty's Gerd Claim


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#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.

 

 



#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

 
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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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