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retiredat44
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I finally satisfied all of the requested evidence by the VA claims intake center for my CUE, effective date change as the BVA granted my 1151 for my hospital surgery injury in 2008. The VA only made my effective date for 2012. They never told me, why, as I had claims since 1997. Also claims going back to 2008 for my necrotizing pancreatitis in the hospital. But they the VA kept saying I had no claims until 2012. They never worked with me directly, only through denials. Very cryptic and it made no sense and my paid rep said he didn't think I could win so I did it on my own. They kept denying my cue sending my denials adding more reasons why, adding missing documents each time for 8 months each time taking between 6 and 8 weeks to respond with a denial asking for mor evidence. I satisfied every request, and am now waiting for a letter stating what they are doing. They are pure evil at the VA.
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BTW, I request a phone call in a higher level review, I never received a phone call. we are always home and also have a answering recorder at home. The claim says it was closed on their website for our VA online accounts. I think their lack of communication is criminal, treats us badly, and abusive. If they would only communicate. I also am so angry by the time I go through years of claim abuse, I cannot answer the surveys they send. As far as I am concerned they are worthless and worded so you cannot truly tell them how angry we are at the b.s. they put us through!
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Pancreatitis Induced by Environmental Toxins : Pancreas (lww.com)
this is what the VA denied me, even when I got sick on active duty and the USAF doctors determined the chemicals got me very sick. The VA are crooks and liars!
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You could try both these things.
1. File a nod disputing it at the bva.
2. ALSO, file a cue "if" your duty station is on the presumptive list(s). Did you review your cfile (electornic, vbms) to ensure you had all the evidence? If something is missing, such as your treatment in the AF, then file a 38 cfr 3.156 new evidence
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so far with my CUE claims to fix the date of my 1151 grant, the grant said for the injury during surgery, from the surgery. The VA pulled date out of their ass, 5 years later than the surgery. I filed the CUE, at my rep said he would not help me with the CUE. They would send me a denial, saying I (they and my records) didn't have any evidence of the injury, The VA sent me that 6 weeks after original filing of the CUE. I immediately sent them the info of the place and date of the surgery. Then They said they didn't have any proof of any claims before 2012 (incident of injury the BVA granted to me was for (2008) 1151 claim. They also had no mention of it being a CUE and were treating as anew claim. Again, I immediately sent them back a copy of my old claims evidence from the VA going about to 1997 update in 2009 with the Necrotizing pancreatitis from the original Intestinal disease. PLus re-enforcing it is a CUE. As they were trying to say it was a regular claim. Even though I spelling out all of the CUE and requirements (which I met) in my CUE filings. Also they demanded I had claims during the Granted 1151 claim. The CUE as far as I know doesn't required you have claims during the time of an 1151 surgery grant. But, in any case, I did have claims before then. I meet every requirement and they keep trying the change the CUE to a claim and lie about dates. Either they lost my files, or lying or both. The latest denial was January 2023. I have since them sent them evince 2 times, and no response back yet. I looked online at my claims and it says they are reviewing my case. I don't trust the B.s. They put for us to read. They have been screwing me since last year on my CUE, finding ways to deny or delay. They are totally inept, incompetent crooks at the VA.
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the va is still fighting me over effective dates, the last excuse they used was the last filing I did, was 2012. I sent them my VA letters showing I had open claims from decades it the past. since my paid rep helped me in the past, and left him as a retainer as being on retainer. he also said he would not help me get an earlier effective date, so my filing of a CUE for a new effective date has been a fight going on 6 months. I include a letter in my CUE filing that I am claiming the CUE on my own with no help from anyone else. And my rep is not helping with my CUE. They sent me a letter stating I had no claims before 2012 for the conditions. I sent them the official correspondence from the VA with dates of claims (going back decades). Also had sent a copy of my letter from the VA stating they were the cause of my Necrotizing pancreatitis from 2008. The VA continues to lie and fight me, and I keep giving them copies of the very documents in my files over 3 decades. They are either very incompetent or such aggreges liars.