flores97

I  Totally agree with Gastone on this.
Get You an Experienced  VA Attorney!!!

Mark,  from what I've heard the Attig Law Firm is excellent. I'm sorry to hear that you still haven't received your well deserved rating increase and I wish you the best. 

Thanks, Flores!  Same to you!  Thanks again for your service.
Mark
 

OK Folks,
Been a while since I posted on here, but I've been lurking and reading.  After receiving my SOC on several conditions, and being informed by the Houston VARO that they will be sending an SSOC within the week, I think it's time that I hire somebody a good bit smarter than I am, and who can navigate the BVA system.
I ran the gambit myself for the most part, obtaining all of my military medical and personnel records from NPRC when the VA said they couldn't find anything, getting an IME/IMO from Dr. Ellis in Oklahoma, an IMO from Dr David Anaise in Arizona, an IMO from my oncologist of the past 18 years, and a bundle and a half of my civilian treatment records.
I fought with the help of Ted Ebert of the VA to get 95 pages of medical records that belonged to other veterans out of my C-File.  (First denial and first SOC contained a ton of citations of these records, some of which were before I was even born.). I still have one record from some poor Airman whose name is nowhere close to mine, who has a rough condition that they still cannot seem to remove, but at least it's only one page now....I hope.
I requested and received three copies of my C-File, gettting a different number of pages each time, and always something new from my military records that they couldn't find before when they did their first rating.
I went through three C&P's, with an affirmative one in 2012, and two adverse ones in 2015 (after introducing Dr. Ellis' IME/IMO) and another in 2016 (after introducing Dr. Anaise's IMO).
I started all this in June, 2010, and have to say that it has been a ride, bumpy, but educational.
I've filed NOD's, Form 9 Appeals and all kinds of other junk, and have learned that eBenefits has a long way to go before being truly veteran friendly. (But it is better than the old VONAPP system that I used when I first started this mess.)
When I receive my SSOC in the next few days, (It should have already arrived by now, but hey...it's the VA, right?), I'll do whatever needs to be done to keep the ball moving, but old Mark is ready to let somebody else navigate.  I don't mind working, submitting to more exams, blood work, x-rays, etc, but I think I need an attorney to move on.
My American Legion guys, who have been friendly, etc. through it all have only really served to help me eliminate the long waits on the 1-800 number, and that's about it.  And of course, the VA finally has fixed that a bit and the waits are pretty small now.
So, question is, who do you folks recommend to help me from here as I enter BVA land?
Thanks again for the wealth of information so far, and I have to say that I would not have gotten the much-needed 20% that I received without your advice early on in this march.  Have a great weekend, and I look forward to hearing from everyone who has had experience with good law firms, and warnings from those who have bad experiences from others.
Mark
 

Thank you,  L,  they awarded me 100% schedular for the lupus, and inferred housebound since my other disabilities add up to 60%, which is a tremendous help,  especially with the p&t. My older children really needed the college assistance, and I'm so grateful they now qualify for chapter 35 benefits. My daughter has already submitted her application for her benefits. 

Call up the VA  director at the VARO. Tell me which RO and I'll give you the phone number. That presumes you do not have a VSO rep. If you do, call him/her and ask them to go onto the computer and look up the answer to your question in your c-file. 

Outstanding, Congrats!

I wanted to update everyone on the great news I received yesterday when ebenefits updated. I received,  as a result of the NOD I filed in November of 2015, 100% schedular rating for my SC lupus,  p&t with no future examinations scheduled.  My other ratings remain-50% for MDD/Memory Loss,  20% for fibromyalgia, and 10% for gerd/hiatal hernia. I was also awarded inferred housebound. I want to thank alot of members on this site,  like Broncovet,  Buck52, Ms Berta, Asknod, Gastone, and many others for your invaluable knowledge and help.  My children thank you as well,  as I have one in college currently and one about to start in fall semester, and the Chapter 35 benefits will be a blessing. I ask going to continue to contribute as much as I can to any veteran that needs help, I will do my best to provide it.  Thank you Hadit! 

Thank you Prettypantha,  and I wish you the best of luck on your claims as well! 

Steve This appears to be your remand:
https://www.va.gov/vetapp16/Files4/1627475.txt
 
As you know I felt your 1151 claim was superb.  But  this sure concerns me:
“However, the Board notes that the many volumes of VA and private records do not actually include reports of the actual surgeries forming the basis of his 1151 claim.  Such procedures were said to have taken place at the San Diego VAMC in March 2008.  See 310 pg VAMC in Virtual VA at p 52.  This would include no actual records of the biopsy procedure of the pancreatic cyst or the ERCP resulting in complications of a leak into the abdomen or the subsequent lengthy hospitalizations from March to April and April to May of 2008.  Additionally, the release form is not shown to be in the current records, although this as well as the surgical records were apparently available to the January 2015 VA examiner who addressed the 1151 claim.  An effort must be made to obtain the VA records not already of record that are in the VA's constructive possession.  See Bell v. Derwinski, 2 Vet. App. 611 (1992). “
 
 
 
 
 
That VA  ERCP caused the necrotising pancreatitis.Even your  VA doctor agreed with that fact.
It might seem odd that this critical evidence is missing, but it is not odd, at all, believe me.I went through the same crap with my Section 1151/FTCA issue in 1995
As the BVA states they had this stuff in January 2015. I guess the VA called their MF in- (MF Mysterious force who removes critical documents from med recs and C files, to deny the claim.) Then they often put the documents back. when the claim is denied.
The Jet Fuel claim costly long toxicologist report was useless in my opinion. Still you had enough evidence on that claim for a remand. This 1151 claim needs a strong IMO from a real doctor.
I laid out here (available under a search) considerable info to support your 1151 claim in the past...I wish I had MD after my name because it would be so easy to write that IMO.But then again I have never seen those records when they screwed up the ERCP....the procedure info -that is now missing.
The SOC however was evidence of the screw up in my opinion.
I have asked the new Secretary recently to consider some suggestions I had on reducing the backlog as well as the high rates of malpractice in the VA. I told him I am aware of the hidden proven cases as well..which neither Congress nor the public know about….blatant malpractice that VA awards at RO levels when they have no choice,due to probative evidence, such as strong IMos, and I told the Sec exactly what crap my  VARO ( Buffalo) pulled on me and pulled it on the General Counsel and their VACO medical professional as well.
I quess I am not the average claimant because I  raised a ruckus at OGC and VACO many years ago about what they-the Buffalo VARO ) did.
They did not get away with it. It is coming back to bite them again.
They will deny 1151 claims as long as they can get away with it.They will lose ,misplace, and manipulate the evidence any way they can.I made it clear that I cant be the sole claimant VA has done this to.But maybe I am the only one willing to gripe to the Secretary about it.
I saw no POA or attorney on the BVA case.Do you have anyone representing you now?
I sent a copy of my Secretary Shulkin to President Trump as well ,to follow up on something he received from me a few weeks ago and I certainly expect a reply based on some sensitive info I gave them.
I hope you consider an IMO/IME for the 1151 claim.I really didnt think you would need one based on what you posted here in the past but now I think they are definitely trying to screw you.

Apply for TDIU and "let the chips fall where they may".  I don't sugarcoat things and at the end of the day.  It'll boil down to new medical evidence and an IMO.  I'm seeing the VA put a "smackdown" on VA doctors IMO's. Meaning they're harder to come by at most VAMC.  A great VA doctor won't let "bean counters" tell them how to practice medicine. Bypass the DBQ and ask your VA specialist to annotate in your VA medical records that you're TDIU.  Good luck, don't give up, and stay involved with your claim.

Thank you Saxman!! 

It's time to relax Flores97. Well done on the fight.?

I filed my NOD on November 6 2015, ebenefits updated with my new rating yesterday and the actual rating decision was made on January 20, last month, out of Winston Salem Regional. Don't hesitate to go to the RO or send an Iris Inquiry to check the status as well,  Good luck. 

Congratulations @flores97,
I'm very happy for you! It has been a tiresome and long arduous battle for you, but you hung in there and reaped what is diligently due. Great Job and Enjoy!!!

Flores, I am happy for you and that you have seen this to completion and received the rating you were looking for.  Congrats my friend.

Flores97, Congratulations on your win, you richly deserved it!  You have been  a great help to me, along with Buck52, Ms. Berta, Gastone, Asknod, Broncovet, T-Bird,  and others helping me get  to the 100% P/T.  I still have a couple of other issues I am trying to resolve, but with your input along with the others, I know I will succeed.  You are a wealth of knowledge.  I come on this site quite often, and don't post much, but the information you and others provide, is worth more then all the gold in Fort Knox!  Thank you for all you have done to help me and others.  And like Buck52 says, sit back and enjoy and rest up, and get yourself healthy!  

Thank you jfrei

Congrats on the battle

Thanks Flores....I'm going to submit my claims as a FDC as well.  I appreciate your input....he was a very nice person, really knew his stuff.  I will definitely update this thread as it has been a LOT of work on my end to get to this point with the VA and hopefully my experiences will help others!

I submitted an FDC,  or Fully Developed Claim,  but he actually didn't do the in-person examination on me because I couldn't make the trip.  He did a phone interview and reviewed my treatment records,  which were very extensive,  and he did a great IMO on 3 different conditions from that.  I couldn't travel due to my SC disabilities, I actually tried to make it,  on the bus,  got one state away and had to depart the bus due to my lupus flaring up. Dr Ellis has a great reputation, and it only took a couple of weeks after the phone interview to receive the IMO.

your welcome flores97
you worked your claim yourself  we just suggested things  , your the one that actually got your claim approved with all your hard work and persistence
I am so glad you got the P&T  And the SMC -S H.B. 
Congratulations for a job well done my friend and the educational benefits will sure help your children and yourself if you want to get ya a degree in something or further your education.
But for now sit back and enjoy and  rest up and get yourself better.
As always please stick around hadit and help out your knowledge of  the claims process is much needed, there will be other veterans with a disability's like yours someday and may need your help, every veterans claim is different but the divisibility's are the same.
Congrantulation

Thanks for the welcome!  I have really been researching this forum due to some VA hurdles I've run into.....I've learned that each person is his/her own biggest advocate.  Wish I had more success with my VSO, but at least I'm kicking things into gear.  I'll definitely follow-thru with the results in this thread in relation to Dr. Ellis's IMOs.....it's good to hear you had good success!
Just out of curiosity, did you submit a complete claim since he performs the medical examination or traditional claim?

Congratulation Flores97!  I know like many of us it was an uphill battle.  Never give up! 

That's great Nick 2021, and welcome to hadit. Dr Ellis is one of the best IMO doctors in my opinion,  and he's very thorough and honest as well.  Good luck with your claims,  I had very good results with my IMO from Dr Ellis and they listed his IMO as evidence considered.  Again,  best of luck to you.