MCCFR97

Berta and Andyman, that is good advice. Simply_me, you said twice that the RO (Restraining Order) doesn't work and I can tell you that is not true. I am a police officer and I have gone to a persons house in California and arrested them for violating an order from outside the county or state. Beside, as time goes on, if he has to go to court for any kind of claim on his benefits by her, the restraining order, any police reports, text messages, nasty emails will go directly against her in any kind of civil litigation and in some cases could be used as evidence in a criminal proceeding in some states (every state has rules of evidence). Point is, you should be documenting ANY negative contact with her. The paper work trail can only help instead of hurt. It goes to his credibility and to her lack of credibility. if you want to help him you should be documenting everything and let her hang herself, just sit back and feed her the rope...

Funny, I was awarded March 22, had my first VA Dr appt, April 14. I did the "in person authentication", got my ID ordered while I was there. Everything has been honkey dory except the "secure messaging" doesn't work. I have given it all this time but it never started. I even got and email saying welcome to secure messaging, but no joy. I went to the VARO yesterday because I was bored and went to the desk that does the authentication and the supervisor said the email system has been down VA wide. She tried to send a message to her contact to fix it and told me to give it 7 days. Dunno if it's related but that's my two...

IF you were able to use the homeless problem to get you on the "expedited" pile, you should not have to wait more than a few months. expedited does exist, for Medal of Honor winners, terminal cancer patients and homeless vets. IF you have a NSO or VSO then they should ask for this for you when submitting your claim. IF you are flying solo then you should make this clear when you submit the claim. I was expedited and from denial to approval was 6 months? That's including the DRO review. I cannot speak to your claim since your medical condition is not in my wheel house, but I hope that partially answers your question.

Yut....That's Jar for congrats! I love happy endings!

Hey Devil Dog, your making complete sense on a message board! Any chance you can use technology that way to get your point across to the VA rep? I don't know, I'm not the brightest bulb in the house but seems to me you could use a IPad or the likes to either type out responses or even have some pre-text sentences for quick responses to common questions? Then if they ask you a question just pull up the answer you want? I would think if you have the aptitude to put your thoughts on a screen then clearly your brain housing group is 10-4? just a thought.....

Learning my way around the VA medical system and getting my feet wet after my recent decision. So far I have been getting B+ service. My question is this. I went to the VARO two days ago and did a face to face meeting with a information officer, which I also took to be the "Authentication" I needed to do in order to get the "P" on my healthevet and be able to begin to do such things as view an upcoming appointment. While at this meeting, I signed various papers and an initial appointment was made to meet my primary care Dr, and get me going. The appointment is for 4/14. The information officer told me when I come back in the 14th, I should come a little early so he can take my picture for my VA ID card that will be sent to me at a later time. During this conversation he told me the computer for healthevet/ebenefits takes about 24 hours to update. When I got home that night and logged onto ebenefits I could see a minor mistake about about my wife's DOB had been fixed, I mentioned this at the meeting earlier with the information officer and he said he fixed it. When I switched over and went into my healthevet I see I am still at an "A" level (advanced). I know the information officer said 24 hours, but it has now been 48. I'm certainly not on pins and needles and it's not life threatening, it's just general housekeeping and checking things are coming together as I double check changes or benefits are in place with my recent rating. How long has anyone else seen this take? I guess if it is not a P by the day of the Dr's appt I should just tell the information officer and see if he forgot to enter a key? thanks in advance for the responses, Yut..

Boy o boy, sounds like the peace corps was a dangerous place. I never experienced anything like that in the Marines. We had a simple 13 week meditation retreat in South Carolina. We had water activities, lots of beach activities (no ocean) and we even went on a camping trip once next to an abandon airfield. We held hands and sang songs together and the rivers ran with chocolate with gummy bears falling from the sky. Never anything like you guys are explaining. And that full metal jacket movie paints a negative picture of the Marines. DI's are nothing like that (Maybe in the Army or Navy) but not in the Suck....Sorry Marines. 3rd Bn India PI was skate, private rooms, no squad bays and all the bathrooms had clean STALLS around every camode. If your thinking of enlisting I highly recommend. ? My nephew joined the Corps and asked me what it was like, so I got him the movies, in the Army now, Stripes and Tank Girl. I figure shit got real after passing the MP shack for the long ride into PI. I think shock and awe works well with yellow footprints, plus it builds character.....he figured it out.... Sorry, my attempt at humor, I'll crawl back under my rock now... Semper

When I did mine a couple months back I made that box short and to the point. "I feel the VA is wrong denying my claim for cancer and this is based on my contact with chemicals in the Marines, specifically benzene and TCE's. And that was it. I also included a more detailed statement with my N&M (SA). i also included the checked the box if the regional office wanted to call me, but they never did. When I won my claim I just got a call at 0730 from the DAV saying I was good and my claim was approved. Never even saw a DRO. So if they want to call because the have questions then fine, otherwise I believe it says if the DRO needs more evidence or has questions he MAY have a hearing. Doesn't mean it's going to happen and in my case that was not such a bad thing. What are you claiming? there are others on here that are way more knowledgeable than me so I'm sure they will chime in. I can only speak from my own experience.

Burn pits at Pendleton 91-95, Iwakuni 95-96 and I actually ran the pits at 29 stumps from 96-97.

Thank you all for the wishes. Right on time, for the letter yesterday and the retro hit this morning. It give me something to do, today I guess I'll get my DV plates and head over to the base and get my family our cards....I'm more happy for my son. It's a relief

I jumped off the board while I worked on preparing for my DRO hearing, this board can stress me out at times. Here's my timeline 10/2015- applied for VA benefits based on stage 3 MM/ caused by chemicals (benzene/TCE's) I am NOT qualified under Camp Lejune/ Vietnam AO or Radiation. 12/2015- recieved denial from VA 2/2016- turned in N&M along with a DR nexus (I did NOT pay for, it's from my treating oncologist) 3/12/2016- recieved letter of DRO hearing on 3/22. 3/22/2016- DAV Rep called me at 0730 said he got a call from the DRO who told him I do NOT need to bother coming in for a hearing, my evidence was overwhelming and he had already approved my claim. 3/23/2016- ebennies changed last night, shows I have no "claims in progress" and it is now in Historical Claims, shows a descision made and talks about verifying my dependants. I saw the letter that is coming in the mail. 6 months from application to approval. It is possible to connect the two but you really have to have your gear wired tight. My Hadit mentor was/is Gastone. He has been a good friend and a wealth of knowledge. If it had not been for the little things, like making my statements Sworn Affidavits etc I'm not sure my stuff would have looked as good as it did. Good enough where they balked before the hearing. I post this for my burn pit cancer vets, you can win if your outside all these presumptive time lines, just follow the science and talk to your oncologist, once I explained what a nexus letter was she was more than willing to help. Thank you hadit for the board, and thank you Gastone for your help, friendship and ear for all those times I bitched. And finally props to the DAV my VSO, he did me right he actually studied up on my disease so he knew what was up. Thank you! And the VARO, I have read horor stories about the VA. I'm a boot, this is my first and only claim. I was really flying blind but the VARO was fast, attentive and they really did good service, faster than SSDI. So you won't hear this often but thank you VA and DAV, this is a feather in your cap. Semper Fi

Message recieved, the first and second time. Got it....

No, the TBI is whole different thing, but Multiple Myleloma is a bone cancer and while fixing the cancer they find my neck is screwed (years of sucking up neck and arm pain) from something different

Asknod, I can clearly see everyone's point of view, and completely understand precedence and that it will not be weighted in their descision. They will not accept it. But what I love about the VA, is the allowance of loose evidence rules. They accept buddy statements and give them weight (as long as they are done properly) and what the buddy's can state is pretty liberal. This is my thinking.......soon, (allegedly) I will be contacted and see a DRO and I will have my fave to face (allegedly). That is my one chance to sit with a live humanbeing and plead my case. No,this previous flight line benzene stage three MM in the years of 90-92 descision out of the VARO I'm currently dealing with will be accepted or cited in the review ..I'm willing to bet they at least give it a glance, plus my IMO, Buddy Statements, pictures....I think even in a clear mind I'm showing a jump ball but it should go to me. But I could be wrong. Today it's just buddy statements.....I'm still sick and crabby

I have not had a C&P, read some people with Cancer have them and others don't. The ones that did see a VA Dr for cancer, almost all of them (ok 3) said it was not even an oncologist. IMO, yes, I have an IMO, I did not have to buy it or go to another Dr. My treating oncologist (here in San Diego UCSD) is one of only a few MM specialist here in San Diego County. She is actually a professor and teaches residents through their field training. Come to find out, through research and checking to see how good the oncologist Dr's are at the VA, I found out they actually intern at UCSD and are colleges of my Dr. My Dr has never written a IMO before and has no clue what a nexus letter is. After explaining to her I wasn't trying to say something her career would hate. I showed her all my evidence I was putting together to turn in as N&M, this include pictures of my direct contact with the chemicals I'm claiming caused cancer, buddy statements, my MOS job description and some EPA reports confirming officially these chemicals were removed from the base in 2000 during an environmental IG (essentially). That's all I had for her to look at for me personally, she knows all the science of MM it's her specialty, it was showing her personally what tied me as an individual to the hazards and the claim. The first IMO was ok, it had she had been treating me and DX'd me '14 and after speaking with me about my job in he marine corps, she concludes that it is "as likely as not" excessive contact with Benzene, TCE's and other environmental hazards caused my cancer and it was on UCSD letter head, I let my mentor read it and he told me it was good but it was light on my Dr's Credentials. He told me this is my lynch pin, my strongest evidence, I want to crush whatever medical opinion they may get later and with a better specialist. easy enough, I write back to my Dr, explained that the VA wanted to know how bitchin she was, they are issuing she is an ER doctor (I love messing with her). She basically kept the whole the body of the letter since it was good and with VA format. She added all her education and awards on the side in the margins (Harvard Medicine, residency at Taft, oncologist of the year bedside care) you know I love me stuff. At the bottom she added a paragraph stating she came to her conclusion after reading witness statements, seeing pictures, referencing an EPA report, an a World Health Organization article that basically says how nasty Benzene is. Common questions for me? "She didn't put in what she also reference X-rays or blood work...not exactly, we know from UCSD has a signed receipt that 189 pages of treatment records were sent to the VA. I don't think I can close gaps in this IMO any better than I can. EVERYONE ask me if I have my CFILE yet, No, Gastone thinks I can walk in Mon-Friday and request it, so I will try that first. Second question is, did I get my SMR, well, no. This is not a injury that's documented so nothing will be in them for this cancer. right now it's just strengthening my N&M for the DRO. Many on here say I'm probably gonna essentially get denied at the DRO (including the ever so helpful DAV rep). This may be so, I may denied but I want to have a claim so good, 38CFR would maybe kick in. Ok, I guess I'm reformatting lay statements today. I think they will be important because they (the VA won't really have anything else) I'm sure this is when a C&P would come up.... thanks Berta.....I'm gonna just keep all this on this thread, i have a bad track record of saying stupid stuff and when I write long sentences I forget who or what I'm writing sometimes, curse you TBI. I'm gonna start with 4138s today because I know I just have to cut paste the statement in there, then they can sign it and send it back via email. After that as time goes I will work in the SA, it's just labor intensive, they are both far away, and I feel bad if I keep telling my buddy's to go out of their way for shot I keep forgetting.

As I progress I learn more and more, if I can fix it I fix it and submit it at the VARO. (I'm still in line for a DRO). When I first did my new and material evidence I submitted x2 buddy statements. When I did this I asked the VSO what the format had to be for buddy statements? She told me just a letter addressed to who it may concern and finish it out with their contact information. I have since learned that it's good to have your buddy's 214's statements attached to their statements. This will allow a rater or reviewer to verify the writer of the statement was in the place and at the time he is making a statement of. As continue to strengthen my evidence and how it's presented I see there is a form 4138 for buddy statements. My statements are not on this form. A very helpful mentor has been working with me here on hadit. He gave me very good advice to have the statements re-done in a "Sworn Affidavit". My buddies are great and do things quickly when I ask them (like when I needed the 214's). My thing is I don't want them to have to go out find a notary, pay for it and send this thing back (although I suppose they would). I'm looking for further advice in addition to great one I have. That being said, I know it would save a lot of time and be much easier on my buddy's if I pasted their statements into the 4138, send it them via email have them sign it, scan it and email it back. In my case I think my buddy statements will be important due to the nature of my claim and the lack of anything in my SMR regarding this cancer or its manifestation. So, with respect to my friend, who I know will read this, and not that I'm blowing off his advice, has anybody been through a DRO hearing where the buddy statements held weight? And what format were your buddy statements in (i.e. Form 4138) thanks in advance

Sorry about that, I was a little taken back only because the thread was so old and then you responded and I thought....whatever, board edicate.

Retired@44 ive read a bunch of your post and our claims are similar in that my disease is through contact with neurotoxins and genotoxins. In my case, I also had contact with JP's and TCE's. Just saying "I was soaked in chemicals and jet fuel" is not going to cut it. You were in the USAF right? In the early 90's right? Did you know the USAF used a fuel called JP4? Of course you did. And you probably know JO4 was phased out in '95. Did you know JP4 is high in benzene?. It's the benzene that will get you not the diesel fuel. Did you know the WHO Worl Health Organization, stated recently that BENZENE and TCE's are known human carcinogens and there is "no safe level of contact". I also have a report from the EPA, that my base is now a "Superfund" site. Meaning it's so contaminated with chemicals that the EPA had to step in and spank the DOD (Marines) for haveing so many areas that are contaminated. In my case, my actual MOS training area was specifically targeted and they had to remove 12,000 cubic yards of soils contaminated with TCE's. The soil had to be removed from the base and disposed of off base. I think this is the kind a scientific and medical evidence they may be looking for. Your good, I think you just need to lay it out more for them. Put it all on a eighth grade reading level just like the military so even an idiot could understand.

Update: I got a letter from the DAV today time stamping my further evidence to the VARO, and I can't ask for more than that.

I appreciate the feedback, I was just so....miffed, pissed, baffled, it really brought me down (the negativity). Right now all I want is to see the DAV letter come in today's mail so I know the evidence I gave him is time stamped and he did his job, then I will breathe. Thing is, I don't buy his bullshit, the whole reason I was there turning that stuff in is because I kind of have a mentor here on Hadit and I believe him way more than the NSO. Last night my wife actually talked to me and as we dissected this guys personality I think momma is right. This guy thinks he is king shit of turd island and he knows all there is to know. Unfortunately we walk in and I didn't really need his help, I just needed him as a tool to get my evidence in. I think as he spouted off his mouth and tried to tear up my claim (which he didn't have, only a computer screen saying what I've turned in, my previous N&M has not even been downloaded yet to the system) and we showed him, "no we have that and the nexus actually does say this" and we pulled out my copies and showed him, my wife says you could see him physically change, (flushed face and his shoulders sank after we showed him the paperwork that I'm terminal). My wife says he looked stupid. Then he says, well are you sure you don't have bad knees? Bad shoulder? PTSD?......what are you, a used car salesman? NO FOOL! I'm dying of cancer! Friggin guy needs a check up from the neck up.....he really twisted my kitten! No I don't buy his bullshit, I'm ok, my support and knowledge I have learned here on hadit trumps his negativity. Funny ending story with this guy, the day before on the phone, he ended the conversation with "Have a nice day!" After he just tore me up for 30 minutes on the phone telling me how the RO will never approve my claim. So the next day at his desk when we were done and I'm shuffling my papers back into my file, I've got my old Marine boonie hat on, and I'm grabbing my cane, without even looking at him I grumbled..."you know, I trained police officers for years coming out of the academy in my 18 years as a cop, and son, after you hand the public an ass chewing or give them bad news, you never EVER tell them to Have a nice day! It's rude, it's crass and it will get you a citizens complaint quicker than naked man sliding down a greese poll" My wife said his face got all red and he looked like a kid being talked to by his father, and he says "But I meant it" and without missing a beat I said, "well your wrong and it's an xxxxxxx thing to do, maybe try, I'm sorry this is not what you wanted to hear, or I hope things work out but never have a nice day" then I looked him in the eye, shook his hand, told him I'm sorry we got off on the wrong foot and walked out. like I said, I don't buy his bullshit or negativity. And I can't throw his game off to much, I need him right now to do his job..... it ain't nothing personal Marines, it's just business, the big green weenie strikes again! When my DRO comes up I just need to make sure I don't have that guy as my representative, maybe I'll fly Gastone out here for a week of young women and cold beer and sucker him into being my rep.....I'm gonna need an old war dog...

Compassion runs deep at this place..

Yea it is. I should point out two things why I added that as evidence. 1. The descision is against my VARO. 2. Same situation just a different MOS. will it help? Who knows, many here said "No". But, I have been in Law my whole life, no I'm not an attorney, and I know nothing about VA law. But I do know a precedent is a precedent in a court that has the ability to make a binding descision. Maybe my DRO will over look it and say it has no weight. But if I'm denied again, at some point I'm gonna go before a judge and that will be in there. And I have been in front of hundreds of judges and never saw one that did not look at precedent preceding. Doesn't matter now what the evidence was or who I got my IMO from ( Although it is the only MM specialist in my area). It's entered, I have the receipt, just waiting on the DRO phase...

Thanks todd, I worked air wing, no need to post the denial letter, todds link above basically spelled out the reason for the denial. My MOS was 7051, my claim is that we both cleaned on field days with benzene and tce's to cut the grease on trucks and equipment, and we also burned off a lot of benzene and JP with no mask or rebreathing equipment. What's my proof? Photos of active burns in a pit with me and my brothers and no protection, except the silver heat suits. three simple to read science articles from the WHO, and a few others basically stating there is no safe level to handle benzene and if you burn it with no rebreathing equipment your pretty much screwed and can expect to get multiple myeloma. And obviously a nexus letter from a specialist in MM stating she has been treating me, has seen what I did in the marines, looked at my training jacket and stated based on all the info in her professional medical opinion it "is as likely as not" blah blah blah, you get the idea, mans I submitted a BVA descision from 2012 for a jar who worked at El Toro from 90-92. Spent his days on the flight line working with benzene. Got out, got DX'd with stage three MM in '08, got denied by the VA. He appealed it and in 2012 was approved at the comp rate by a VA judge. The case is out of my VARO so I included it with my evidence just because, because you guys make me nervous and I wanted to make sure I turned in an overwhelming amount of new pertinent evidence, after reading the horror stories after the past year.

Yes, my cancer is on the presumptive list (Miltiple Myeloma Stage 3), I actually knew nothing. Completely out of left field. No cancer in my family, and I'm way out of the demographics for this (like for my race and age group, I'm like less than .1% a year). It was a buddy from high school, who is an ICU nurse at UCLA who told me I should google "USMC and Multiple Myeloma" when I first go diagnosed last year. That's what started this journey. As I said, its just a question. For the VA I am not in one of the groups covered (that would be Vietnam Vets w/exposure to agent orange, or a marine who was at Lejune between '54-'84?) Somewhere in there, but I'm not one of them, which is why I fall in the boat of proving the nexus. Yut...

I'm on there, (on the list of illnesses) but, I was diagnosed 20 years after leaving the service. Which is still no problem since medical evidence states the cancer may not manifest until 15-20 years after exposure. so according to your pdf, I don't qualify since it was not a year since I left service. thanks again....