Prospector

I had 2 claims; increase PTSD and IU. Original claim was awarded on PTSD for 50% - 6/2012 (was total 60% - 10% Tinnitus, 20% Hearing loss, 50% PTSD) NOD another C&P Awarded 70% PTSD - 6/2013 (brought total SC to 80%) I filed for IU 7/2013 9/2013 I filed a form 9 for the PTSD claim 1/2014 denial for IU based on SS granting disability on Cancer since this cancer was on their automatic 100 list. 2/2014 I filed NOD for IU 4/2014 Ebenefits showed I had withdrawn my appeal for PTSD increase - I notified VSO and they had it re-instated as I had not withdrawn anything. My DRO hearing (informal) was 10/30/2014. I had my additional C&P Exam 10/27/2014. Today I received a SSOC on the PTSD increase stating continued unchanged along with a form for Expedited Processing Waiver. At the end of the SSOC it states Note: You will be receiving a rating decision in the near future regarding the issue of entitlement to individual unemployability I am putting together an 1151 to file later this month due to blatant malpractice by the VA in my cancer treatment. Any recommendations?.

I cannot speak for others, but I was informed by the manger at my state VSO office that if you send anything, even a request for something to your C-file the RO will use that to move your file back into the regular claims. He said he had several vets who had filed a FDC and later decided they wanted to add something and when it was sent in, they no longer had a FDC. I did not file an FDC but he said it hold true for those claims also. You will be pushed back in line if you attempt to change anything. It gives the RO a new date to work from and helps them show they are reducing the backlog.

I mentioned to my Congressman's office when I spoke with them, If a Vet could work until full retirement age their SS benefits would be larger. If they have not been able to continue working due to their scd, they would be penalized by cutting them off at full retirement age. Clerk who I spoke with said "Good point, I had not thought of that."

This site may help to understand how the VA comes to their rating totals: http://www.benefits.va.gov/compensation/rates-index.asp#howcalc

Options for Reducing the Deficit: 2015 to 2024 Mandatory SpendingOption 7 Function 600 - Income Security Eliminate Concurrent Receipt of Retirement Pay and Disability Compensation for Disabled Veterans Billions of dollars 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2015-2019 2015-2024 Change in Outlays 0 -10 -10 -10 -12 -13 -13 -15 -15 -14 -42 -112 Note: This option would take effect in October 2015. Estimates are relative to CBO’s August 2014 baseline projections. Two groups of retired military personnel are allowed to receive their full retirement pay from the Department of Defense without having such pay reduced dollar for dollar by the receipt of any disability compensation from the Department of Veterans Affairs (VA)—a benefit often called concurrent receipt. The first group consists of those whose disabilities arise from combat; they are eligible for combat-related special compensation. The second group consists of those who have a longevity-based retirement and have received a VA disability rating of at least 50 percent; they are eligible for what is termed concurrent retirement and disability pay. Under this option, those forms of concurrent receipt would be eliminated. Options for Reducing the Deficit: 2015 to 2024 Mandatory SpendingOption 19 Function 700 - Veterans Benefits and Services Narrow Eligibility for Veterans' Disability Compensation by Excluding Certain Disabilities Unrelated to Military Duties Billions of dollars 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2015-2019 2015-2024 Change in Outlays 0.0 -2.5 -2.3 -2.1 -2.3 -2.2 -2.2 -2.4 -2.2 -2.1 -9.1 -20.3 Note: This option would take effect in October 2015. Estimates are relative to CBO’s August 2014 baseline projections. Veterans may receive disability compensation from the Department of Veterans Affairs for medical conditions or injuries that occurred or worsened during active-duty military service (excluding those resulting from willful misconduct). Some medical conditions and injuries that are deemed to be service-connected disabilities were incurred or exacerbated in the performance of military duties, but others were not. According to the Government Accountability Office (GAO), seven qualifying medical conditions that are generally neither caused nor aggravated by military service are chronic obstructive pulmonary disease, arteriosclerotic heart disease, hemorrhoids, uterine fibroids, multiple sclerosis, Crohn’s disease, and osteoarthritis. This option would cease veterans’ disability compensation for the seven medical conditions identified by GAO. Under the option, veterans currently receiving compensation for those conditions would have their compensation reduced or eliminated following a reevaluation, and veterans who applied for compensation for those conditions in the future would not be eligible for it. Options for Reducing the Deficit: 2015 to 2024 Mandatory SpendingOption 20 Function 700 - Veterans Benefits and Services Restrict VA's Individual Unemployability Benefits to Disabled Veterans Who Are Younger Than the Full Retirement Age for Social Security Billions of dollars 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2015-2019 2015-2024 Change in Outlays 0.0 -1.0 -1.9 -1.9 -1.9 -1.9 -1.9 -1.9 -1.9 -1.9 -6.7 -16.3 Note: This option would take effect in October 2015. Estimates are relative to CBO’s August 2014 baseline projections. The Department of Veterans Affairs (VA) supplements regular disability compensation payments with Individual Unemployability (IU) payments for low-income veterans that it deems unable to engage in substantial work. To qualify, veterans’ wages or salaries cannot exceed the federal poverty guidelines for a single person, and applicants generally must be rated between 60 percent and 90 percent disabled. A veteran qualifying for the IU supplement receives a monthly disability payment equal to the amount that he or she would receive with a 100 percent disability rating. Under this option, VA would no longer make IU payments to veterans who were past Social Security’s full retirement age, which varies from 65 to 67, depending on a beneficiary’s birth year. Therefore, at the full retirement age, VA disability payments would revert to the amount associated with the disability rating. You may want to contact your Congressman on these issues.

Gastone, Claim was first filed 5/2007. Denied 12/2007 I did not file a NOD at that time. I found new evidence and re-filed in 6/2012 (asked them to reopen original but figured they would not) New claim decided 9/2012 -50%. I filed a NOD at that time for a higher rate. They did not show anything until 1/2013 which showed the NOD. 2/2013 they showed appeal pending. I requested a DRO hearing at that time. New C&P 6/2013. There was no hearing, but increased to 70% with SOC in 7/2013. 8/2013 I filed a Form 9 disagreeing with the RO' s decision. I never heard anything until 2/2014 when it showed Appeal Pending. Then suddenly 10/01/2013 Decision & Claims File Dispatch BVA and 02/13/2014 Decision & Claims File Dispatch BVA was added to ebenefits. I never received anything from the VARO or the BVA during this time. I called the BVA in March and they said it showed I had withdrawn my appeal. After my call to my VSO (5 months later) the ebenefits showed 8/15/2014 Appeal Pending again. Through all of this from my filing of the Form 9, I did not receive anything from the VA.

This is what my appeal showed on ebenefits: 2 decision & claims dispatch. In April when I called the BVA they said it showed I had withdrawn my appeal. I then called my VSO office and asked them had they ever received either of these as I had not. The VSO could not find them. He explained he had just retired last year from the VARO and went to work as a VSO for the state across the hall from the VARO. He agreed with me and on his own contacted the RO. In August they showed appeal pending again. This is separate from my IU appeal which I just had a C&P Exam and DRO hearing. I believe the DRO was this VSO's wife. He was not the VSO who was at the hearing. It is not hard to understand how strange things with our files seem to happen with this state VSO office. Date of Progress Progress Progress Office 09/07/2012 Local VA Office Decision RO 01/24/2013 Notice of Disagreement (NOD) RO 02/01/2013 Appeal Pending RO 06/20/2013 Statement of the Case (SOC) RO 09/06/2013 Substantive Appeal (Form 9) RO 10/01/2013 Decision & Claims File Dispatch BVA 02/07/2014 Appeal Pending RO 02/13/2014 Decision & Claims File Dispatch BVA 08/15/2014 Appeal Pending RO

Berta, I know most people learn from the things posted on the site. However, if you need to communicate directly with me here is my email: kljolley@att.net

Thank you Berta.

Thanks for the info BroncoVet. I do understand. It has taken me 7 yrs, and 4 C&P's to make it to 80%. I just had my DRO hearing 10/30. They ordered another C&P prior to the hearing which was done on 10/27. (the one that is posted.) Hope to get TPIU 100%. At the hearing the DRO said she was only waiting on the C&P to get to her to make her decision. It was informal so NO waiting on a transcript. The malpractice by the VA in diagnosing and treatment (or in my case lack of) is what I will be filing the TORT case for. I am not totally sure I will move forward with the 1151 at this point, but I probably will. I had already filled out the form 95 for the tort filing 4 months ago and I already have all of the medical scans and records which document their malpractice. They blatantly did not follow the "standard of care" in my treatment or original diagnosis. Once I file if they do not respond (which I understand they usually do not, unless they decide to make an offer) within 6 months from the date of filing, I have to file in Federal Court. When it goes to litigation I will need an expert in Neuroendocrine Cancer Treatment. I know where they are and know 2 of them personally. I do not know what it will take to have one of them testify in court. I do not go into things lightly, but I do like everyone else get frustrated sometimes. I will not start something like this unless I intend to finish it, and in the case I am not around to complete it I will have a wife who would not quit till her last dying breath.

I have a friend who has been waiting over 2 yrs for a requested DRO hearing on his appeal. Earlier in Nov he called the Waco RO and they told him it would be at least another year before he could get his DRO hearing. I suggested on 11/20 he email Bob. He did. On Tuesday 11/25 the Waco RO called him to schedule a C&P and set up the DRO hearing. I retired from a gov agency. We had people who purposely did the very minimum to keep their jobs. They would openly tell you if we do more than the minimum, the agency will not hire another person so according to our Union we would be depriving someone of a job. I would ask "Do you realize how hard you make it on the rest of us as we try to take up the slack because you purposely do just the minimum?. They did not care and even faulted us for trying to do what we were hired to do. Be responsible for our time! Be responsible with the taxpayers money! (We authorized claims and paid them. It was GSA not the VA)

Berta, Thank you. I guess I have been so involved in trying to stay alive as long as possible, I have not given an FTCA or 1151 enough consideration. I had actually found a IMO source which will write an opinion for $2500. If court appearance is required you have to negotiate with that Doc for those costs. I never backed down from anything in my life till now. From your encouragement and info I will go back and make this work. When I explained the facts of my tort case to the one attorney I got to speak to personally, he said the malpractice on the part of the VA was clear and evident in my case. From the very beginning not doing the correct tests on the biopsy samples to determine the type of cancer I had (the same tumors they said were probably benign when they did the first biopsies, lit up on the Octreoscan a year later showing they were not benign but in fact Carcinoid) They would have known this had they ran the right tests on the biopsy samples. Even after finding out what they were, part of the determination of how to treat them is doing a Ki-67 or mitotic index (shows how fast the cells divide and grow) At the visit 10 days after the original Octreoscan the Doc offered me the pill chemo that is not recommended by the manufacturer for this cancer. I asked what the Ki-67 results had shown, as according to all of the specialists, that determines which tumors have any chance for chemo to help. The lower the Ki-67 the least likely any chemo would affect them, but would certainly damage your immune system and other parts of your body. He replied he guessed they had not ran a Ki-67 report. I requested one. The next month at my next visit I saw another of their docs. His first question was I willing to start the chemo pill. I asked what were the results of my Ki-67, I explained I had requested one. He looked on the computer and said it appears they have it up in pathology. He would go get it. When he returned he had a senior oncologist with him who he introduced and remarked he had been told no one was allowed to see me without a supervisor present. I asked the result of the Ki-67. He replied 5% (extremely low - almost no chance any chemo would work on it) He asked again if I would take the chemo. I responded that would be like trying to shoot a fly on the wall with a shotgun. You may or may not affect the fly but you are guaranteed major collateral damage. The answer is no. The young doc commented "You know an awful lot about this disease." I replied " Only because you and your bosses don't." When waiting as the Dallas VAMC for an Oncology appointment another Vet began talking to me. He had just won a TORT case (settled with an offer) the month before. Come to find out we both had the same primary care Doctor. She had forgotten to order a colonoscopy when he had a test that showed blood in his stools. This was the same Dr. who had forgotten to order my Pet scan from January till May at my next visit. At that point, I only had on my mind getting some sort of treatment for my cancer. I probably should have filed then. Unlike most cancers (which have a higher Ki-67 index where I would have already been dead) this cancer does not show any symptoms. That is how I was able to continue working. I had been treated for PTSD for the prior 3yrs at that point, and found it increasingly hard with the VA to understand I had been fighting the PTSD much longer than the cancer, but they continued to go back to the cancer as why I had to retire. It did increase the symptoms of PTSD but it was not the reason I could not continue working. Again thank you for the advice and help. I am now going after them "Big Time".

I was never in the SE Asia Theatre.

Berta and Broncovet, thank you both for the info. After the last denial and explanation by the attorney's office, I was going to file on my own. During my research I found the following successful appeal linking Carcinoid Cancer to SC.http://www.va.gov/vetapp06/files5/0631243.txt I spoke with one of the top specialists (one of whom had recommended I receive the PRRT treatment, hence why I went to Germany), I showed him this case and asked what he thought. He replied he could not reasonably say I had the Cancer 40 years earlier and it had been dormant that long. He said if he wrote a letter it would probably hurt my case more than help. BTW he was a VA surgeon for 17yrs and the first time I saw him, he remarked "The VA will let you die." The VA told me up until the reversal of their decision to send me for treatment " Wait and Watch is an acceptable treatment for this Cancer" I always told them, according to the NCCN (supposedly what they are guided by) that is only true if your cancer is stable and not progressing. You have already shown the cancer is progressing and you are doing nothing. "Read your own book". At my last visit in August with the VA Oncology, when I walked in, the Doctor thanked me for showing them there other treatments for this cancer and they can send someone to a clinical trial. I told him the information I presented was in their own Fed Regs and the NCCN. They have always said to me, "We have offered you the Standard-of-Care for your cancer". The average oncologist will only encounter this cancer one or twice in a 40yr career. The national stats show 18% of this cancer is diagnosed at autopsy. In the US, the numbers have grown over 500% in the last 10yrs. Not that there are that many new cases, but Doctors are finally being taught to look for it. This cancer does not respond to any known chemo agent or normal radiation treatments. Once it has spread (which is usually the case because Dr.'s don't know to look for it) they do not consider surgery. (This also is not true for this kind of cancer. Relieving tumor burden has shown to extend life up to 10 yrs) The specialists in Neuroendocrine Cancer use embolizations to individual tumors, often remove excessive tumors and if possible the primary, Nano-knife procedures, and the PRRT (Peptide Receptor Radionuclide Therapy) to relieve tumor burden and extend life. The VA will not consider any of these treatments even though they are listed in their own NCCN guide. The Dallas and OKC VAMC's continued to offer me a pill chemo which has major side effects and by the chemo manufacturers own statement, is not recommended for my type of cancer. I refused that treatment. When I told the VISN they were offering this, they asked "You did not take it did you". I told them I refused. At the August visit with the VA oncologist, I could not help but ask why they had continued to offer this chemo when even the manufacturer specificallystates they did not recommend it. His answer " I guess they felt it was all they had". I said, just throw it at the wall and hope some of it sticks? He said he guessed so. I would file the claim for TORT myself, because I have all the scans and reports that show the Cancer progressed within the time the VA refused to run the correct scans to determine whether further treatment is necessary, which very possibly could have been prevented. This according to the medical reports could have shortened my life by as much as 10yrs. But according to the attorney's I spoke with, without expert medical testimony (which I cannot afford) it probably would be denied. The attorney's I submitted to were some of the national advertised Tort Case attorneys. Never could get past their nurse screeners even after doing my best to explain this cancer and my case.

Berta, a "Tort" has a 2 yr time limit. The first delays in treatment and failure to run the correct tests to identify the cancer has been over 2 yrs. In March 2013, I had my last treatment in Germany (Referred there by 2 seperate Neuroendocrine speacilists here in the US) . They recommended I have an Octreoscan (special scan for this cancer which the VA does) in 3 to 4 months to see if the cancer was still stable or if possibly since the tumors had shrunk even surgery to remove them. I requested this from the VAMC OKC. They refused to do the scan (they offered a standard FDG Pet scan which is almost useless to show this kind of Cancer and they are aware of this). I let them do the Pet Scan which was basically worthless. I asked them to send me to one of the handful of specialists here in the US. They refused. In March 2014 I applied to the NCI which was doing another clinical trial on a Ga-68 scan which is even more superior than the Octreoscan.(It is like a digital picture of your insides) I had three Ga-68 scans done in Europe as it was part of the treatment I had there. The NCI in Md. performed the Ga-68 scan in March 2014. Results, the large tumors I had previously on the liver had shrunk over 40% from the 3 treatments, but waiting on the VA for a year to give me an Octreoscan, I now had 10 new bone lesions including one in the skull. Had I known this, I could have entered the current treatment 9 to 12 months sooner, most probably stopping that progression. Since the PRRT treatment was under clinical trial here in Houston (with a cost of $46k and I had already spent $52k on treatments in Europe which my BCBS denied paying for) I asked the VAMC in OKC to send me to the Houston trial for treatment. They refused. I made an offical request to the then VAMC director. He never answered. I continued to push the Oncology Department for help. They finally in May said I could see the Chief of Staff. We presented the evidence to him but he still refused to send me. My family got the press involved and they even interviewed the VAMC, but tried to sidestep the issue. I filed an appeal with the VISN office the first week of June. I did not receive an answer from them by the second week of July. I had been able to borrow the money to start the first two treatments. First one week of June 1 and the second was the last week of July. I called the VISN office and spoke with the investigator. They had already prepared a denial letter, based on the Chief of Staff's OKC mis-information. They verified the facts I had sent them with medical firm conducting the Clinical trial for treatment, the NCI on the treatment itself and called me 2 days later and said I had been approved for the treatment and they would pick up the costs of the trial. The day after the letter came for the approval of treatment (I saw that it was copied to the VAMC OKC director) the VAMC director resigned. I spoke with 4 different attorneys who practice tort law. Three of the 4 said I should keep trying to find representation as I had a case, but they were not interested. The fourth one to turn me down, I pushed for an answer why they were turning me down for representation. Their explanation: With all the press about the VA right now, they have plenty of cases. They are looking for the ones that most probably will be settled before formal litigation by the VA. If a case goes to court they have to pay a medical specialist to testify and the last one they used on cancer charged them $250k for the testimony. Due to the fact my cancer is so rare (117,000 active cases in the US as of March 2014) it would require a specialists testimony, so would most probably go to litigation. They all encouraged me to keep looking till I found someone to take my case. To date I have not found one.

I don't know if this C&P will open correctly, but here it is. C&P 10-27-2014.pdf

Berta thanks for taking the time to read my post. I can attach my C&P but I don't think it will come out correctly on this. (scanned as jpeg - converted to pdf.) I would be glad to send this direct to you, but you have to open each page as individual attachments. My cancer is neuroendocrine tumors with unknown primary. (formerly called Carcinoid - it is the same cancer Steve Jobs of Apple had). In 2010 the VA did a biopsy of a mole. It came back melanoma. They did a CT scan and MRI in 10/2010. They found multiple lesions on the liver, one on the lung, two in the mesentery. 3 biopsy's later they still did not know what kind of cancer it was, but ruled out melanoma (they have to do a special test to find Carcinoid). In January, 2011 the primary care doc suggested doing a Petscan. I agreed. In May, 2011 (4 months later) at another primary care visit she suggested doing a Petscan. I reminded her she was going to order one in January. She checked the records and said "I forgot". In July 2011 they did the Pet scan. The next week the young doc I met with was all excited when he showed me the scan. His words, I would class you as stage 4. I asked stage 4 what. He replied Cancer. I told him they had done 3 biopsy's and had not identified what kind of Cancer. I asked how we could treat it. He responded at this stage you may just want to go home and get your affairs in order. My words to him, "Get your boss in here". He complied. The senior doc said they could do another biopsy on another of the liver tumors. I said Ok and had it done 2 weeks later. Someone finally stained the biopsy for carcinoid." Wow they finally knew what I had". I asked for 2 weeks the result of that biopsy and no one would answer. When I called the Dallas VAMC all they would say is my Primary Care Doc should give it to me. She said she did not have it I would have to get it from the Dallas VAMC. Finally one of the nurses in Hematology/Oncology, once I explained what was going on, said she would read me the report. That is how I found out what I had. I asked about an appointment with Oncology, she said they would not give me an appointment until November 2011 another 3 1/2 months. I complained to my Congressman. He wrote letters. They still refused to see me until November. I could write another 30 pages of what all transpired but thru it all the VA never offered any treatment and refused to send me to specialists. Suffice to say, I battled them this year March to May 2014 to send me to one of the clinical trials in Houston, of the same treatment I received in Germany which had stabilized the cancer and shrunk most of the tumors. They totally refused to send me. (there was a cost of the trial of $46k). In June 2014 I appealed their decision at the OKC VAMC with the VISN office with the same medical info I had presented to OKC. They actually investigated the treatment (it has been used successfully for over 20 years at major med facilities in Europe and many countries throughout the world) They overturned OKC's denial and agreed to send me to the treatments. I will complete my 4th and last treatment Dec. 2nd. BTW it has stabilized the cancer, no new progression and existing tumors are continuing to shrink. ( the affects of this treatment can continue for up to 30 months) I continued to call my VSO this week to find out my status. (He has never returned a message left for him) I got him on the phone Monday, but as usual he did not have a clue who I was, even though he just went through a DRO hearing with me. On Monday he messaged the DRO to check status. Since I had not heard back from him by yesterday, I kept calling until I got him to answer. After refreshing him again on why I was calling he went into his emails and said the DRO had answered that my file was still in her stack of things to work. I said to him it appears her statement at the hearing that it was good this was an informal hearing so she did not have to wait on a transcription did not mean anything as far as time. He responded the DRO's do not always get to work the files they want as sometimes they are told which ones they have to work first. And in answer to the filing question: When I filed in 2007 and they denied the PTSD because they claimed I did not prove the stressor (was in the ships logs which I thought if they sent for them and could not get them, what chance did I have). I did not file an NOD. In 2012 someone told me of someone who could possibly find the logs. I called him and he had them to me in 48hrs. I sent in another claim with a letter asking them to re-open the original claim (knowing they probably would not) I sent in the original treatment notes and diagnosis from the VA (the same ones I had sent the first claim 5 yrs earlier) They just started a new claim and within 3 months sent me for a C&P. I was awarded 50% PTSD (retro only 3 months - I already had 30% hearing and tinnitus) I filed a NOD to the decision 9/2012. June 2013 I had another C&P exam; They increased the PTSD to 70% for a total SC of 80%. I filed for SSID In July 2013. SS asked if I had any other disabilities other than hearing, tinnitus and PTSD. I told them about the Cancer. They looked it up and said you only need one and this cancer is on our 100 list of automatics. In January 2014 the VA denied my TDIU claim with the statement my cancer was not service connected and since SS granted on it, they had to deny my claim. I immediately filed a NOD along with a letter from my treating VA Physiologist stating the depression in dealing with the Cancer compounded my PTSD symptoms. I was not in country in Vietnam. I don't mind telling you between fighting with the VA for treatment and PTSD, I have wanted to give up. My wife won't let me. If I complain she uses her favorite saying "Suck it up cookie, your not dead yet!"

Has been three weeks since DRO hearing. So much for the "expediting mentioned by the DRO". I was able to get a copy of the C&P exam. They did a very good job. The C&P was completed 4 days before the hearing. I would upload it, but can't seem to figure out how to do it. My VSO is being true to form. He will not return phone messages inquiring on the status of the decision. (His desk is 50ft from the DRO's desk) Once again it is wait till someone decides to open the folder and complete it.

I am attempting to upload my C&P results. I have them saved as PDF individual pages in a folder. I am not sure how to upload them.

I served from '68 to '72. I filed for severe hearing loss, tinnitus, and PTSD in 2007. I received 30% on the hearing and tinnitus. They denied the PTSD for lack of proving stressor incident. At that time I had no idea where to get copies of my ships logs as I had assumed they would get them. I did not file a NOD. I continued to be treated for PTSD by the VA for the next few years. As my condition seemed to be worsening, my Dr. asked why I was not receiving compensation so I could retire and alleviate some stress? In June 2012, I found the official logs of the incidents and re-filed. After a C&P exam they awarded 50% PTSD for a combined rating of 60% in September 2012. I filed a NOD immediately and had another C&P in June 2013. In July they raised the percentage to 70% PTSD and a total of 80%.I then filed for IU and also another NOD on the original claim. In Jan 2014 they denied the IU. They also showed I had withdrawn my NOD to the original claim. (I contested this and in August they put the NOD back as active) I also have a rare cancer that was stage 4 when found in 2010 by the VA (not Service connected) Unlike most cancers, this is very slow growing but has no FDA approved treatment here in the US. (When found the VA told me to go home and get my affairs in order as they had no treatment for it) I went to Germany for 3 treatments in 2012 which halted the progression of the cancer. It did not cure it, but bought me some time. When I filed with SS for disability retirement, I filed for PTSD and when asked did I have any other conditions, I told them about the cancer. They looked it up and told me this cancer was on their automatic list and they could grant it immediately. The VA in their IU denial stated that I was IU, however since SS granted disability on the cancer, it was not service connected so they had to deny. I filed a NOD explaining I did not file with them or SS for disability on the cancer, but for PTSD. Along with the NOD I submitted a letter from the chief VA psychologist who was treating me who explained the severity of my PTSD and the added depression from the cancer diagnosis aggravated my PTSD symptoms and according to his treatment notes he advised retiring to alleviate stress for the last year before I actually retired. October 8th, I received a phone call from the DRO. She asked if I would take another C&P exam and then a hearing. I agreed. I had the C&P exam on Monday October 27th and the DRO hearing was scheduled for the following Thursday October 30. The C&P examiner volunteered at the end of my exam "you have taught me something today. I had an earlier exam today claiming depression and I could not see it. Yours is real. I feel it." Her words, I seen no reason the VA to deny you benefits. When I met with the VSO prior to the hearing, he was not even aware the DRO had scheduled another C&P exam. He tried to see if they had received it yet. They had not. We explained what the current exam Doctor had quoted and pointed out on the prior C&P exam June 2013 which raised it to 70% the Dr. had said I had already retired due to the Cancer at the time of the exam. This was incorrect. I did not retire until the month after that exam and retired due to my service connected disability PTSD. He went next door and spoke with the DRO and came back and asked would I settle for an informal hearing. I agreed. The VSO introduced us to the DRO and then went mute. My wife presented the case to the DRO explaining the above info and showing her the letter (which was supposed to have been in my file along with the NOD) to the DRO. She asked who this Dr. was that wrote the letter (It was on official VA letterhead and showed his official capacity with the VA and his credentials) My wife explained who he was. It was obvious she had not reviewed my file prior to the hearing. She said this would depend on what the C&P report said (we did not tell her what the C&P exam doctor had quoted to us) She also stated it was good this hearing was informal as she could move forward with her decision and notification should be forthcoming sooner since she would not have to wait for a transcription of the hearing. Does any of this mean anything?