HELP! the BVA Appeal is a screwed up mess ! They are sending me back to do the exams 3rd time!

[retiredat44]

This is updated,

(10-22-16) My first attempt failed when writing this I was exploding because of receiving crazy news...

BVA appeal

I went to my C&P exams, Jul and August 2016. The first time (3 exams), I went, then they said I had to repeat (I repeated one). I went back and repeated. Now today. , late in the day on a Friday they call me and tell me, through a 3rd party service they said the VA uses, that I have to go the exams. I tried telling them I completed them a few months ago. it didn't help, they gave me phone numbers. I tried those numbers and were worthless! absolutely worthless! They must have lost my exams, double booked, I don't know and no one I try to talk to can help!

They are sending me new exam info via Fed-Ex. Has anyone gone through this much hell because of total incompetence!

They told me I am going back for the same exams I complete 2x.

Not counting spending 6 months as an inpatient at the VA. Where I had pancreatic surgery and major complications.

They need more info?

They want a better outcome for them?

 

 

Edited October 23, 2016 by retiredat44

[retiredat44]

VA C&P Office called me.

told me there are problems with my VA C&P Exams and they are not sending me to the correct doctors so they have to do them again

She is going to call my VSO at the Salem Oregon VA office, to explain the problems.

this is so bad! they do everything they can to ruin your chances of a good case! Incompetence on every level?

 

I did let the lady who called me from the VA C&P I appreciate her getting back with me immediately!

 

again, through look at my boxes of records, they had specialists working on me 6 months day and night, from the University medical Center and VA al working on me and have boxes and boxes of it all on paper..

 

The VA vendor who is making the appointments for the VA is sending me a FedEx package, and no one is sure if those are the right documents...

[retiredat44]

I still never received any FedEx package they said they are sending.. they were very specific saying they were sending the info out for the 3rd party contracting exams.. My VSO says oh well, let them do whatever...! just total B.S. I don't need this! I went to the last GI exams last week, for the pancreas and splenic vein disease, the nurse freaked out and said my heart rate was way too high... but the keep running me al over the place! My GI is getting my Cat Scan appointments ready, the surgeons need up to date Cat Scans.. to check the pancreas disease veins to my heart and the many cysts covering my pancreas..

[Berta]

I definitely believe they are trying to get out of the malpractice issue.

I felt I posted here a lot of significant info for that claim.

One of their SOCs, stated what they did , and even your doctor admitted the malpractice.

Did you ever get an IMO/IME to support that claim Steve?

To me it was a  prime facie case, but I went through so much with them that, as I mentioned, 

I had no IMO for my wrongful death case...and did not think I needed one for my DMII case...but by then I knew how my RO would treat me, so I got 3 IM0s.

This link hopefully contains some of the evidence I felt would help you I hope it includes at least one BVA award and also a large Lawsuit (millions) against against VA for the same type of malpractice.

I googled my posts here regarding the ERCP procedure the VA messed up on and have 106 hadit more links that popped up here on google for your claim...to read,if I ever have the time .....but I assume your lawyer has all of that info.

And I assume your lawyer suggested getting an IMO for the 1151 claim as well.

 

 

[Berta]

Just to add I posted here 3 or 4 Section 1151 awards for the same ERCP malpractice.

One of those vets got $164,000 in a FTCA settlement and their 1151 was offset to that amount.

Same screw up same procedure. The VA caused their pancreatitis when they performed a negligent ERCP.

 

The person who won millions for this same screw up ,as I recall, was a civilian, not a FTCA/1151 matter and that link is here somewhere maybe in 2009...

 

 

[retiredat44]

well, my reps, a VSO and J.D. 'both' said hold on for now, let the process of the BVA go through.. But the contractor never sent me  the' FedEx' package they said they were sending, and just nothing since that last communication about exams. Just dead silence, and I have no clue what's going on.. IMHO is that the surgeons who operating on me were from both the VA and U.C. San Diego, who were/are the top surgeons in the field of pancreas disease. Plus my Budd-Chiari disease is only 1:5,000,000 people, add the necrotizing pancreatitis and there are only a handful of people in the world with it and surgeons who work on it.. So Rare it is, they probably cannot find anyone else with that specialty. So, they have the medical documents form my 6 months as an inpatient from the best professionals available. They had deep chats with updates with me and my doctors every morning and after ever test and procedure, they asked me point blank dozens of times what I worked with when I got sick. They know my field of work on active duty was chemicals. They asked and I told them what I had contact with. It's written in stone. So, if they are just in a quandary trying to find experts, they already had them working  on me that whole time and they wrote the reports. If they sent me to regular doctors then decided that was a mistake, like the BVA judge said, they sent me to the wrong doctors the first time my clams were denied and they left out all my records in the decisions. I am just waiting for them to send me to new exams again I guess. I don't really know because no one is talking.

[Berta]

Did you ever get an IMO/IME for the 1151 issue?