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@  carlie : (30 August 2014 - 06:27 PM) Vet211060 - I Guess They're Not That Shameful After All : - ) Congrats On Some Positive Adjudication
@  vet201060 : (30 August 2014 - 04:24 PM) Dav Sent Letter Saying I Am 100% Effective Oct 2013
@  MarkInTexas : (30 August 2014 - 12:35 PM) Wish There Was A "like" Button For Some Of These Comments.......
@  MarkInTexas : (30 August 2014 - 12:26 PM) Amen To That!
@  vet201060 : (28 August 2014 - 09:55 PM) Va Is So Shameful!!
@  artlouis : (27 August 2014 - 11:36 AM) Code 7019
@  vet201060 : (26 August 2014 - 11:41 PM) Damn Post It Notes
@  vet201060 : (26 August 2014 - 11:41 PM) True That
@  Asiadaug : (26 August 2014 - 07:46 PM) I Have Yet To Deal With Any Piece Of Va That Isn't A Dysfunctional Mess...ebenefits, Claim Filing, Billing...and To Think Our Tax Dollars Are Used To Perpetuate That Calamity!
@  carlie : (26 August 2014 - 05:39 PM) notorious kelly - loved your shout ! ! !
@  GlassRose1500 : (26 August 2014 - 03:40 PM) Would Someone Add Smc Housbound Plus Smc A&a Regular And One Smc K For Me? I Can't Seem To Do That Math!
@  Notorious Kelly : (26 August 2014 - 03:12 PM) Ebenefits Is Not A Thermometer In The Rectum Of Your Claim; It Is A Post-It Note That May Or Not Be Updated Or Accurate. Try Not To Obsess ;)
@  mcassidy : (26 August 2014 - 01:25 PM) Osa
@  Jaluluah11B : (26 August 2014 - 10:05 AM) My Reconsideration Finally Showed Up On Ebenefits As A New Claim.  gathering Evidence.  [font=Arial][size=3]Automated 5103 Notice Response Needed. [/size][/font]
@  vet201060 : (26 August 2014 - 10:00 AM) Went From Pending Decision Approval To Review Of Evidence Today, I Need To Stop Looking At It. Drives You Crazy Waiting
@  GlassRose1500 : (25 August 2014 - 09:30 PM) @coriemboh I Get My Best Claim Advice Here, But My Dav Guy Gets The Best Intel Once The Claim Is Filed
@  coriemboh : (25 August 2014 - 08:57 PM) The Average Processing Time Is 9 Months More Or Less. Every Time I Call The 800#, I Get A Different Answer. Goe, Roe....make Up Your Mind!
@  coriemboh : (25 August 2014 - 08:56 PM) I Just Want To Know Ballpark Figure Of How Much Longer My Claim Will Take. The Bills Are Piling Up. Adds To My Anxiety And Depression. Sure Wish I Could Tell Bill Collectors The Same Things Va Tells Me!
@  coriemboh : (25 August 2014 - 08:54 PM) @glassrose1500-No, I Don't. I Put In For Representation A Few Days Ago, But I'm Sure That End Won't Pan Out Until The Claim Is Closed.
@  GlassRose1500 : (25 August 2014 - 12:11 PM) Would Appreciate Feedback On My Smc Draft - Posted In The Smc Section! Tkx!

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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.

 

 



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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

 
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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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