My Claim, Appeals, Etc, Being Remanded Back To The Va From The Appeals Board

[retiredat44]

Ok,

My long story, Petroleum chemicals made me sick on active duty, USAF, etc.. had pancreas surgeries at VA. Failed, now pancreas is necrotizing and dying, many other problems, currently at 60% rating. (been on VA disability for 20 years, and SSDI for 20 years.) Claims in for many problems connected to service. Going through many years of appeals. Now I get a letter form the appeals board saying it is being remanded back to the VA, because they said I filed a timely appeals for a video hearing, for 1151 claim (I filed an 1151 because the pancreatic surgeries failed leaving me with an inoperable dying pancreas and many more disease , spent 6 months in the VA hospital a while back fighting for my life) Of course they denied my 1151, but never answered my request for the NOD and appeal for the 1151. I received no hearing.

(just go this remand letter in the mail today! ) So, the appeals board remanded it back to the VA. meanwhile 2 years ago I moved form the crazy (lovely?) state of California to the crazy state of Oregon. I was represented by the American Legion in San Diego, long story! There is no American Legion here so I had my representative changed to the Salem VA office. They treated me like I had never field a claim and told me they would not help. I have chance to hire another lawyer, but have to sell a car, but car got messed up with a bad headgasket, so I haven't sold it yet, to buy another lawyer. (I know, I have sidetracked, but I feel I have no representation, but also feel if the Salem VA get's involved they will continue to treat me badly. Time is ticking, I need to get moving if I want more IMO's for my case!

I will post a copy in the coming hours or days of the letter. Not sure if that is even needed. But if it would help with more ideas from all of the wonderful people here!

Most of the info I posted is already buried deep in old threads.

Thanx!

Though I have no posted lately, I am ok here in Oregon, love living out in the country, much higher quality of life, at least for me and family!

btw, if someone calls me a transplant, I remind them I lived here as a child in the 1950's and visited family every year. I just returned like the Salmon do!

Edited January 14, 2015 by retiredat44

[retiredat44]

Steve, they denied my original 1151 twice (and my FTCA once) and then they awarded.

And since the time I wrote an 1151 claim for you and posted it here, I also won ,in 2012, an additional different posthumous claim under 1151 ( 100% P & T) under 1151. That monetary award was larger then my AO IHD death award.

I know what is and isnt an 1151 basis.

"Of course they denied my 1151, but never answered my request for the NOD and appeal for the 1151. I received no hearing."

Have YOU filed the NOD on time? They dont sent it.

I felt you had one of the BEST 1151 cases I had ever seen.

http://americanmedic...ctice-case.html

“Iatrogenic”means caused by a doctor or medical procedure.

Last non vet award I saw was 2 million to a family who lost member due to improper ERCP.

Procedure.

There is no service nexus whatsoever for his necrotizing pancreatitis. The VA caused it and I couldn't get through to him at all on this and no one supported me on that issue so I give up.but hopefully his lawyer will see it right away."

When I find the actual claim I wrote for you, I will post that link here again because, it was ,in my opinion, your 1151 issue was solid and the claim I wrote would award it.

I have been denied , like many of us here, Multiple times at the RO level......

Only, like others here, to succeed anyhow, preserving our EED by continuing to fight back.

Personally, I am familiar with your exposure claim Steve, but I think the 1151 was definitely the strongest claim you had and I hope you have not given up on it.

Bob Walsh and multiple other Vet lawyers are quite good with 1151 issues.

I know Bob and I would be glad to discuss the 1151 issue with him with your permission, if you seek his help .

Then again any good lawyer, like Bob Walsh, will get it all in a heartbeat.!!!!! He doesn't need me.,unless maybe if you filed the 1151 claim I wrote here for you and he has questions about it.

if there is still time..............I am confused by some of your statements......

But if you are willing to give up on the 1151 issue, just say you are and I too will give up on trying to help with it.

That long article IMO you posted here years ago for the chemical claim lacked the most significant thing you needed.

I hope since then you have obtained what was missing.

=================

This "If you or your rep used the claim I wrote or tweeked it as a template, I had no doubt the claim would succeed.

If not at the RO, then ,I felt, for sure at the BVA."

sorry, where is this part for a template..? my brain isn't working well, I am looking but am lost for a bit, I want to print that part and take with me... I am getting enthused by your help! You guys are sharp and motivating for me and others! Thank you! helping me see through the fog!

[retiredat44]

the BVA case links are broken, trying to backtrack and see if I can find them, not sure if I saved them or have to locate a gain and print and bookmark:

0122585.txt

[Berta]

Steve, the VA and the BVA went down for maintenance a little while ago. I managed to only read one case there...this one

Somewhere here I posted the $164,000 FTCA award for a simlar medical situation.

Bob Walsh helped the vet get a better 1151 EED.

http://www.va.gov/vetapp05/files2/0509575.txt

Thier site isnt usually down too long for maintenance. I was able to check all those links above earlier and they were OK.

OK! You did file the NOD on time for the 1151 issue GREAT!

They remanded for the chemical exposure claim because you requested a video conference.

[Berta]

On the chemical claim....I read as much as you could post here some time ago on the IMO from the chemical expert.

However, as far as I could tell, this was a woman, and she did not have MD after her name.

Also I found no statements in her long rendition that fully associated specific exposures you had with your pancreas situation.

If she was not a real doctor, it would not have mattered anyhow.

I hate to repeat what I said here long ago....I dont think your chemical exposure caused your necrotizing pancreatitis...I think VA caused it,via the ERCP,

and even at some point you said your doctor agreed that VA caused it.

But I never got anyone here to support my opinion on that.........

I know you deal with a lot. I am concerned for your wife as well.

Your necrotising pancreatitis condition can be fatal.

BVA had to remand due to the video conference that has not occurred yet, and also could not take jurisdiction over the 1151 because it is still PENDING!!!!! That is GREAT!!!!!

I

[retiredat44]

No she is areal doctor, will post a link, in fact she is on one of those search sites that show her name with DR. Bash and others for IMO's... she has a professional toxicologist specialty.

http://health.usnews.com/doctors/maria-betancourt-36411

[Berta]

OH? I apologize Steve, I didnt pick upon that before.

Maybe the VA didnt even read the IMO she did yet-----and you can bring that up via the televised video conference.

No one at my RO read my IMos from Dr. Bash. He got very ticked off by that, but the BVA sure did.

Hopefully maybe you will succeed in Both of these claims.....!!!!!!