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]

ok, so my burned out drugged out sick mind and body understands...

1)Do I need to send in the Form 9 now with something? How about a copy of one of the cases you stated showing that other people who got necrotizing pancreatitis from an operation won the lawsuit (1151) because the operation caused further disease?

2)I have many issues with the state of appeals, the ignoring of evidence by the VA is one, the 1151 is another. Do I list that stuff on the form 9, attach the copy of one of the other 1151 cases to the Form 9. Or just write a simple line on the Form stating I am continuing and not giving up my case? What am I suppose to write ? ... from what I read, I have to send this form back, they need a communication back to continue.

Do I then just bring additional evidence with me to a hearing? After sending the Form 9 back?

Please walk me through this !! (what do I write on this Form 9?)

what do I write, an example, etc....

or it just a note saying I am still alive and am not giving up???

I have no clue whether I am just rehashing stuff, stuff they already have.. The copy of a case I am using from this forum to buttress my claim is one that was from a post from a case in which another person won the 1151.

Should I make a copy of my SOC I was just sent by the VA and post it here so you can see what is going on?

Thank you !!!

Please, I am not asking for anyone to go through my whole case, I just need general information on how to proceed with this latest letter, SOC, the form 9, and what to type and return.. Thank you!

Edited February 3, 2015 by retiredat44

[retiredat44]

I have my SOC in a dropbox, the form 9 is not part of this file, I have it scanned but have not uploaded it.. I edited out my name and private info. Sorry about some upside down, as it scanned them, so they are not all upright... must be flipped in pdf viewer...

I can send the proper people a link to the file..

[Buck52]

Please call the radio show here on hadit tomorrow Morning Attonery Bob Walsh will answer any of your questions.

He has help a lot of veterans....it is confusing when you read these post I understand but if you talked with someone that knows what for you to do that's the best thing buddy

give the hadit radio blog talk radio a call& talk to Bob Walsh

it starts at 10:00am eastern time. 2-4-15

Here is THE RADIO SHOW number 347-237-4819

here is Bobs address's

Robert p Walsh (Attorney)

2 Michigan Ave West

suite 301

Battle Creek Michigan 49017

email.. rpwalsh@sbcglobal.net

Hope this helps ya Bud

[Berta]

"Should I make a copy of my SOC I was just sent by the VA and post it here so you can see what is going on?"

That would be great Steve.

The VA denied my 1151 claim more than once, even after I sent them the settlement papers I had under FTCA.

I had to call the OGC to get on them about that.

No lawyers in those days who could rep vets....it would have made my life easier with my 1151 for sure.

The evidence I felt that supported your 1151 claim was :

1. Their statement in the Statement of the Case dated
( I dont know the SOC date but you had posted this excerpt here from the SOC) maybe September 2010?
stating:

"The VA examination shows a diagnosis of status post necrotizing pancreatitis secondary
to endoscopic retrograde cholangiopancreatography with residual chronic pancreatitis.”

(That's right folks, VA says Steve's necrotizing pansreatitis is Secondary to the ERCP they buggered.One of his doctors also agreed in past threads.

2. Article referencing “Endoscopic retrograde cholangiopancreatography (ERCP) remains the most common cause of iatrogenic pancreatitis [1]

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

In part:

?Pancreatitis associated with ERCP, medical malpractice case.

Endoscopic retrograde cholangiopancreatography (ERCP) remains the most common cause of iatrogenic pancreatitis [1]. Studies have shown post-ERCP complications were responsible for greater than 65 percent of malpractice claims [2, 3]."


http://americanmedicalexperts.com/Medical-Malpractice-Tips/Pancreatitis-associated-with-ERCP-medical-malpractice-case.html

And this is the BVA case:

"Posted 01 April 2011 - 09:40 AM
This was the BVA case I referred your rep to:
http://www4.va.gov/v...s03/0122585.txt

To summarize, the evidence shows that in October 1996 the
veteran underwent an endoscopic retrograde
cholangiopancreatography at a VA facility in order to
evaluate for chololithiasis. This procedure resulted in an
injury to his pancreas which pancreas which required
hospitalization at a VA facility in October 1996. He
continues to have pancreatic symptoms, diagnosed as a
pancreatic process in September 1999. Accordingly, Board
finds that VA treatment render in October 1996 resulted in
additional disability, diagnosed as pancreatitis. Therefore,
compensation under the provisions of 38 U.S.C.A. § 1151 is
warranted.


ORDER

Compensation benefits under the provisions of
38 U.S.C.A. § 1151 for pancreatitis is granted."

Also Bob Walsh, our guest tomorrow at our blog radio show got this vet, with a similar buggered 1151 issue (gall bladder surgery
a better EED. Bob is very familar with 1151 issues.

If I am able to get on the show I will ask him about your issue.

Buck and I are thinking ahead here!

I hope ,after all these years dealing with this 1151 issue, others will chime in on the SOC that Steve will post and on the evidence I listed above.

I think an IMO from Dr. Bash could fix this one too.

[retiredat44]

ok, here is the form 9, do I check #A or #B ?

Issues I want to appeal...

Thanx

[Berta]

I was going to ask Bob Walsh this morning at the show, about a Very similar case he had at the BVA and won it.( Section 1151)

The vet had also filed for FTCA and won a settlement of about $160,000.

but I wish I could read the SOC for the 1151 claim first.

The SOC determines what the 1-9 should contain.

I am confused by the A & B question.But others here are more familiar with I-9s than I am.