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In home stretch for decsion after all these years of appeals and claims

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retiredat44

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In home stretch for decsion after all these years of appeals and claims. I want to post some info about the claims and appeals, and research that went into the process for injuries and diseases from chemical exposure on active duty, all the filings, research for doctor's IMO's. All of the VSO's failed attempts for lawyers to help. My claims go back to the 1990's and injuries from about 1978. The appeals, the hearings, the dockets. The C&P's, The judges remand telling the VA to include al of my medical records that were never included, and or omitted. The very long hospital stays, surgeries. More letters, more statements. I want to know how and where to post info so others can see info on toxic chemical exposure on the job, and related injuries.

 

My appeal is in the process of going back tot the appeals judges. I just finished many C&P Exams, and I hope the decisions on so many issues, are made by October of this year 2016.

01-01-11_My_Medical_Records.jpg

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Good luck to you.  I guess you mean this is either at CAVC or BVA.  Like yourself, I am at the CAVC for the third time, after 3 BVA appeals, and 14 RO decisions, and 14 years.  

I suggest you dont invest all your emotions into this outcome.  The reason is that a favorable outcome may not translate into benefits, and and unfavorable one can be appealed.  

One example of this is I got a BVA "complete grant of benefit sought".  Whew!  It is over.  Nope. RO decided "complete" meant a 0 percent rating.  

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I sure am hoping this all brings you a proper resolve Steve.

It is a disgrace that claims take so long.

I remember in the late 1980s, and early 90's that vets would be upset if 6 months had passed after filing, with no RO  decision. Things were so different then.

But we didnt have the VCAA until 2000 so many claims were deemed to be "not well grounded" and denied right off the bat.

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My father, Navy, 1947, 1951,spent most of his life with bad breathing problems by the time I was in about the 6th grade. it got worse. I did not like doctors and never saw one. Later, about the time I left home and joined the USAF, he went to the VA and asked for benefits with a disability claim (about 1975), and he went to one C&P. They gave it to him. One try, never saw a doctor since the NAVY. He had COPD all of those, and smoked cigs until he was about 50 yrs old. he died of COPD a few years later.

I got sick, went to doctors for 40 years. Didn't smoke or drink. Yet they ripped me apart for everything I did or didn't do they checked and hassled me for every life decision. My first go around they gave me 50% for headache from chemicals. But, denied the intestinal disease and bad knee in 1997. They only acknowledged the jet fuel, but not all of the other.

This latest judge, BVA appeal judge told the VA they omitted all of the other toxic chemicals in my records. it took 100 letters of me begging them to include al of the chemicals I was soaked in. It was not casual contact. I was soaked in them. And the job descriptions included them, but the claims people purposely omitted and ignored them.

 

I know I have no way of knowing the ratings, etc,, until after.

 

I am not 100% happy with all of the exams, discussions, and trying to explain everything was a real pain because often the doctors refuse to listen, and tell you ' there is no evidence' and  do that so strongly, they accuse you of lying and tell you to shutup.. and they don't have time, and so you never really get to tell your side. Since I lived in a hospital 6 months, There are a zillion pages of notes of everything. I hope they use the notes from the doctors and nurses I Lived with day and night, over the crappy exam notes. The doctors and nurses saw and witnessed my paralyzed days and weeks. if I try to tell the lousy neurologists at an exam they say I am mentally ill and lying. Yet, The doctors notes have months of my health for 24/7 observation and sponge baths.

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I know I should say this, but expect a BVA decision by October 2016, in a month or so. The BVA remand sent me to 4 C&P exams, and since my original R.O. was San Diego, and filed a couple appeals later in Oregon, I would think the BVA remands only went to the R.O. in Oregon. The C&P exams sucked, and are not thorough, the are get in her, look, and get out. V.s. the 30 years of in and out patient records. So, the documents will go back the BVA judge, (we sent back in August 2016. a couple weeks ago, back to the BVA Judge.) All that has to be done is for the BVA judge to rule on a long list of issues, then raters to apply a rating. Then for them to get the signatures, and I should finally have what was denied me in my original filing in 1997. Where they ignored my records, and never looked at my medical records in total, then came al of the surgeries and injuries from failed surgeries. by the way, a lot of surgeries are called procedures, even though they cut you, if they cut you form the inside using an instrument down your mouth into your intestines, in a procedure, if they come in from the stomach area outside it is surgery, even though both cut the same place in your G.I. track, i.e , stomach, intestines, pancreas.

 

They use word games and if they cut from one direction, it is a procedure, if they cut from another direction it is surgery, I think it's B.S. and a way for the medical community to lessen the impact of documents, like saying it is only a procedure, so it's no big deal. but if it is surgery then it is a big deal. Same outcome, I ende3d up with fatal pancreatic disease from a botched diagnosis and surgery. And when I originally file din 1997, they said it was in my head. in 2008 it was a big deal when my pancreas broke open in the hospital and became infected.. it was not in my head, the 5 inch cyst on my pancreas closing off my intestines. Instead, they made me spend 20+ years seeing VA head doctors giving me mood altering drugs they said would help with pain. Now I get my 1151 decision, the 1151, that the V.A. claims office told me they refused to help me file because I didn't have enough evidence. I also asked for housebound because I cannot go places because I get sick if I go to stores and events and am too sick to travel, to sick to eat out.

 

I thought I would not live long enough to get to see a decision. I still hope I do, but often I feel like the end is very near. I spend a lot of days in bed, and can only get around and eat with morphine for so many year, and take 30+ MEDS A DAY.  I hope I do get the decision before I die. I may live a while longer or I maynot. Necrotizing pancreatitis is very unpredictable long with a partially blocked artery to my heart. Thrombosis. I look often in the mirror to see if the infection in the pancreas has started jaundice, Where one turns yellow in the skin and eyes from the infection. The surgeons told me that is one sign that the end is near, also heavy bleeding internally is common with pancreas disease, I was bleeding internally several times since my surgery. Once in a while I pee straight blood, but if I throw up blood that is also very bead. I take a nausea drug for cancer patients to help with bad nausea. I haven't fallen for a couple months, but vomit once in a while especially when the hot weather was here.

I hope October bring the decision for my family.

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Take it easy on the "HOPE" deal. With the VA. the old saying "you can put HOPE in one Hand and Pxxx in the other, see which one fills up," is usually true.

After all this time and considering your prior claims experience, expecting a quick decision is wishful thinking. Better to prepare yourself for another year in wait time. If it comes in sooner, your happy instead of depressed. The "Hope" for a "Decision by 10/16," is setting yourself up for a  disappointment and increased anxiety, as that somewhat unrealistic date comes & goes without a Decision Notification.

Then again with the VA, you never know till you know, you know.

Semper Fi

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retiredat44

so sorry to hear about all this just keep your faith stay strong.

I don't mean to sound morbid or any bad things but

you may want to inform your spouse about DIC Claims  it would benefit her well if she knows the process of the DIC Claims.

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