Disappearance of pending disabilities? Meaning?

[DonH]

My husband had a Video Conference with the BVA on December 11, 2014. My husband's Appeal has been in Remand status since May 2015. On EBenefits denied disabilities, i.e. Rectal Cancer. even though, a later presenting Prostate Cancer was granted as presumptive to Agent Orange. Additionally, secondary disabilities to Agent Orange denied. To that effect, were the reasons for appeal. Those  were the disabilities shown and listed as pending "disabilities"..  We were able to get our C-File request granted  on November 23, 2016.

Shortly afterward, there appeared  simply a message which states that there are no disabilities pending.  However, we have not received any written communication from VA at this point. 

So, I guess my question is:  Does anyone know what does the  "disappearance" of the listing of all the pending disabilities mean to be replaced by the simple statement:

"There are no disabilities pending.."

 

Cheryl-Wife of DonH

Edited December 24, 2016 by DonH
word omitted

[Berta]

I am sure, when they receive the formal 1151 claim ,it will show up at ebenefits.

[broncovet]

Don H posted:

VA requested that we submit research to that effect. We did submit the research to that effect. VA sent a list of cancer that were excluded as being soft tissue cancers. Rectal cancer was not listed on the exclusion list. 

end quote.  When VA requests "research" they mostly want "research" specific to your case, not general research.  

You see, you are trying to prove "your" case, not all of those people who have soft tissue cancers.  

Its a whole new ball game, that you probably dont want to play, to get VA to change their presumptives for EVERYONE.  YOu would need expert testimony. Don't go there, as you will likely exhaust your resourses, unless you are independently wealthy.  

Instead, get an IMO/IME where a DOCTOR says something close to:

"The Veteran's soft tissue cancer is at least as likely as not due to military service.  In his "reasons" the doctor could cite the VA's own list".  

You see, your opinion, my opinion, Bert'a's opinion, or even Donald Trump's opinion are not valid for VA to make a medical diagnosis, or to provide a nexus.  The opinion VA wants is from a medical professional, not lay evidence.    This is why Berta is suggestin an IMO/IME.  I agree with Berta.  

I know this as I did exactly what you did.  I submitted to VA "medical research" that I thought supported my claim.  It was dismissed as it did not prove "my case", and only a medical professional can offer "credible" medical evidence.  My opinion on medical issues is "not credible" not because Im lying, but because I do not have medical expertise or experience to render a medical opinion.  

[Berta]

Thank you Broncovet for supporting my advise as to the IMO.

https://www.healthgrades.com/oncology-directory/wi-wisconsin/madison

These are some local oncologists who might be willing to prepare an IMO for you

https://www.va.gov/vetapp98/files1/9809540.txt

In this case the BVA awarded for colon rectal cancer due to AO exposure.

The veteran however had private medical opinions as well as favorable VA opinions.

 

I found 2 FTCA cases also on this disability. One lost at the federal level  ,lack of probative evidence,and one lost because they had failed to filed the FTCA claim in time

This BVA case is from a widow raising both 1151 and direct SC death due to AO:

https://www.va.gov/vetapp15/Files1/1502613.txt

“At the hearing before the undersigned the appellant also argued that VA was negligent in not providing the Veteran with a colonoscopy for a significant time, which resulted in his cancer not being detected until it was severely advanced.  The appellant specifically stated that the Veteran was experiencing rectal bleeding and was treated for hemorrhoids for nine months through VA before he switched to a private practitioner who provided a colonoscopy and found the severely advanced cancer.”

 

 

I assume she definitely did win the case on remand.

 

This is almost exactly like the claim I prepared for a vet friend of mine.

He did not have a private doctor, and all of his care came from the same VA that malpracticed on my husband, but based on a brief conversation with him, after he got out of the Buffalo VAMC,  I knew the VA had almost killed him...too

 

I didn’t even need to see his medical records.

The claim I wrote was 2 brief paragraphs.

I referred VA in the claim to his most recent hospitalization records, discharge certificate ,and  the last diagnosis from the local VAMC that prompted his recent hospitalization at a different VAMC.

 

 The claim was for Colon cancer,and full colostomy,under 1151, and was awarded 100% P & T under 1151. It didn’t take long for them to award.

It was prime facie malpractice.Most 1151 cases are not that easy.

And 99% need strong IMO/IMEs

 

 

His case and the widow above are the only successful 1151 rectal/ colonrectal cancer claims I know of.

 

 

Edited December 26, 2016 by Berta

[DonH]

On ‎12‎/‎23‎/‎2016 at 9:08 PM, DonH said:

disappearance" of the listing of all the pending disabilities mean to be replaced by the simple statement:

"There are no disabilities pending.."

 

Bertha,

You stated:" I have 4 DIC awards. They are finally all correct."

If you don't mind my inquiring, how did that come about?

 

Thanks for the names of Oncologist.........We live in Houston, Texas, though Our Remand was sent to the Wisconsin office who reviews remands..

 

 

Edited December 28, 2016 by DonH
corrected punctuation and added more explanatory details.

[Berta]

Sec 1151 DIC 1998 ( wrongful death due to VA health care)  .

Direct SC death , 2009 due to undiagnosed and untreated DMII from AO exposure.

Direct SC death due to Ischemic heart disease, due to exposure to Agent Orange,2012 award

( also 1151 award for IHD)2012

1151 death Due to malpractice of HBP contributing to death. ( about a year ago)

"If you don't mind my inquiring, how did that come about ?"

My husband made me promise one morning 22 years ago that I would continue his pending 1151 claim and his PTSD claim if he died, (he was 30% SC PTSD) and also if they "killed" him, to go after them anyway I could.He had seemed to be doing better from a Section 1151 Stroke ( awarded in  2012 as 1151 100% P & T)  Twenty two years after he had the stroke.

He was very upset after calling the 800# that morning because they told him 6 months prior to that , a decision would come by October.It was October. His claims had not moved at all.

I said Oh honey the VA isnt going to kill anyone but I promised I would continue the claims,as I thought the 1151 he filed was so strong that it would gain him better VA care...but for his PTSD...I had no idea they had been malpracticing on him for 6 years, for physical disabilities they knew he had but never told him or me about..

He also asked me to promise to continue to help vets obtain their SC Compensation.We had both been part of Prodigy Veterans BBS and Vet link in the late 1980s for Vet link and then in the 1990s for Prodigy and I had helped some local vets with their claims.

I told him I certainly would. Four hours later he collapsed in our barn and died as I performed CPR.

He was 47 years old.

I went after them and I still continue to pursue one claim. 

1151 DIC does not have ancillary benefits. He mentioned the DEA and CHAMPVA hours before he died fearing I would not be able to attain those benefits for me and my daughter.He had never mentioned that before but knew enough about VA case law to bring it up.

I get every ancillary benefit,they paid half of my degree at AMU  and I only have one claim left...

a legal issue that involves a general Counsel Precedent.

My daughter is a veteran too.

I have kept my promises to him. Now I have a promise for my daughter .

She has been asking me to write a book on what happened to dad, a decorated combat vet,with 2 AO disabilities that VA Malpracticed on ( and also I proved the PTSD should have been 100% P & T and they awarded that in 1997.)

I plan on finishing it in early 2017. VA made it easy for me. I have all of their denials and their awards and the path it took to prove FTCA/1151....a path that was documented in VA medical records and their decisions.

It still seems unbelievable to me. One VAMC tried to cover up the VAMC that initially did most of the malpractice. Even worse the public has a right to know of large VA settlement payouts but VA kept mine hidden from the NPDB.

If the book helps one single vet to carefully look over their medical records if they feel their care is not quite right....and then pursue a 1151 and/or FTCA if they are willing to pay for an IMO/IME ,the book will be worth the misery this whole situation involved, not to mention how low VA will go to deny these claims sometimes. But his death already has helped me help others.

Within months after he died, I wrote a Sec 1151 claim for one of his friends and co workers (they both worked at the local VAMC. He got 100% P & T under 1151 in mere months after he filed the claim I wrote for him.They almost killed him too. By then I was an expert on 1151, FTCA,cardiology and neurology.

This vet didnt want FTCA route, he had so many problems with them with his PH GSW rating that he didnt even want to file the 1151 claim. I had to convince him to file it,.He didn't understand it at all.I didnt see him again for months, when he came here with the award letter.

I have been at hadit now for almost 20 years and have given FTCA/1151 advice to many who have asked.Advice I would not have the ability to give, except the VA killed my husband,and he told me to go after them if they caused his death.

I am sure he rests in Peace.

 

 

 

 

 

 

 

 

 

 

 

 

Edited December 28, 2016 by Berta

[DonH]

Wow, Bertha! How courageous and honorable in your hard work of determination that you kept your promise to your late husband!

It is obvious that you have acquired outstanding expertise in battling these claims over the years!

 

Kudos to you in the name of your husband's, service to his country, good name, and determination for you continue the fight in his behalf! Congratulations!

Whenever we finally hear the outcome of the still pending appeal will determine what steps we take next. It's ambiguous that the appeal is still pending but, yet, E-Benefits exhibit that there are no pending disabilities.

Bertha, when you mention ancillary benefits, it got me to thinking........I'm still unsure as to what ancillary benefits we qualify for (Champ VA, commissary privileges,, and educational benefits, etc.) even at this point with my husband being 100% accorded the Prostate Cancer; however, every 90 days or so, VA keeps trying to reduce him..