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retiredat44

Senior Chief Petty Officer
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Everything posted by retiredat44

  1. I kept getting told no, they will not help me with tdiu, said I didn't qualify, this went on 20 years.. I filed 10 years ago, and they denied me, and still deny me, now they want a history of my last employer. That was in 1995. They no longer have that office, and I was a temp for that agency, because I was to sick for a regular job. The temp agency no longer uses offices and is mostly online, and so my POA just said write a statement that I was working for a temp agency that no longer has that office and is online, and that the company I did the work for was not my employer. The VA just kept
  2. I have retained John Dorle to represent me. I have spoken to him for a couple of years. I believe he can fix many of the issues I have been through with the VA, BVA, and getting my full benefits. I fired the VA claims reps. I am in the low 90's in my ratings and purely believe the VA stonewalled me at every turn. I have al confidence Mr. Dorle can bring it al home and I am happy to let him have everything he earns. It is an extreme hardship load off of me to have someone that is so good at this work for me. If I could have gotten him years ago I would have but I tried to find people and interview many, many legal people and no one came close to understanding, and they are were just greed and didn't have a grasp on how much I could win and was being stolen from me by the VA. I myself with a really bad mind and body won an 1151 by myself when no one else would help. Imagine what a pro could to. It maybe a while, bit worth the wait. I have waited decades already, plus if something happened to me, during this long fight, my family can continue getting the benefits the va withheld and stole.

  3. I am in an area of Oregon where there fires and evacuations. Right now I am good. No need to evacuate at this time at Level 1. Thank you all.

    09-08-20_Scio_Smoke_from_Fire_nearby_Snap1.jpg

    09-10-20_Fire_evacuation map_Snap1.jpg

  4. yews, but the request for the reasoning is a nightmare, just getting the request to be takes, accepted, then the venue, then recorded officially... who makes al that happen? how? those are the questions us peons can't get through because they do not listen to us. Back to paying for a legal process to get answers.
  5. The VA/BVA claims, appeals created a big problem. I was diagnosed when I was Hospitalized for 6 months 2008 in the San Diego VA Hospital for Necrotizing Pancreatitis. During the BVA appeals, someone changed some of the wording from 'Necrotizing Pancreatitis', to 'Chronic Pancreatitis'. I need that corrected as they make a lot of decisions on diagnosis and medical issues. I am awaiting for the word from the BVA through my VA representative who worked my BVA case for me.

    In Oregon they have VA representatives when you choose representation, like when you can choose a POA through the DAV, American Legion, or the VA has them too. I had no choice, a few years ago I needed help and they were the only help I could find. Now the BVA has only approved and given me the 1151 claim and denied the rest. The only claim left is TDIU, which no one would help me with because up until late last year I was only 60% (I have been un employable and totally disabled from 1995). Now I am at 90%. (it took until 2019 for the BVA to get it changed to 90%) But they low balled me badly, and I believe it is not only bad decisions at the BVA, but also because they wrote down the wrong disease in the decisions.

    I cannot move on to the next POA, until the BVA has said they are finished with my claims (so my VA representative can be let go because the BVA appeals are finished), and I believe that the next step will have to be an NOD for the BVA decisions that used the wrong term, diagnosis. And that will be corrected with help by a paid POA I have retained (highly respected professional who is going to be my POA as soon as I can fire my current POA), but they cannot help me until the other POA is no longer my POA. I am awaiting word that all decisions have been made up until this point, by the BVA, so I can bring in some very good help with my appeals. Note: I have never before appealed BVA decisions before. From this point on it is new to me. Getting these bungled screwed up mistakes corrected. I don't understand how they can get away with doing this stuff !

    1. Show previous comments  4 more
    2. pacmanx1

      pacmanx1

      First things first, you should have one of the elders or moderators move your post to one of the other post where more can see and comment.  I got called for another C&P, I think it might be for the TDIU, I try to apply for so many times and was told no... I was too low a percentage (they said I had to be at least 70%), though I have been unemployable since 1990. Again your post is a little off.  There is no set rating for a veteran to file and or be considered for unemployability.

      4.16 Total disability ratings for compensation based on unemployability of the individual.

      § 4.16 Total disability ratings for compensation based on unemployability of the individual.

      (a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

      (Authority: 38 U.S.C. 501)

      (b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

      [40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996; 79 FR 2100, Jan. 13, 2014]

      Based on section B it states "but who fail to meet the percentage standards set forth in paragraph (a) of this section".  So at any prior of time to your upcoming rating, VA should consider you for unemployability.  We always say that evidence is key but we also have to did into the regulations and use it just like VA does. 

    3. retiredat44

      retiredat44

      OK, so I went to the latest C&P exam, 3 days ago. The VA says they are going through my appeals and adding the pain I have been through, as pain is also suppose to be rated and added to your rating, so I brought in my medical records going back to t he 1980's showing the pain I have suffered from the injuries and diseases going al the way back and have been on morphine and narcotics for 40 years for severe pain. I brought in the medical records, even though they have had copies I submitted in the 1990's from outside hospitals that treated me and operated on me. So, I have a trail of constant medical care for both diagnosed and undiagnosed severe pain. If they rate me properly it should put me over the top, no problem. But, I don't trust them, even with the stacks of medical records, they will find a way to screw me, but I guess after a few months I will find out how they rate the undiagnosed and diagnosed pain. These are not just a few sheets of paper from the doctors, they are boxes of medical records showing al the exams, procedures, diagnoses, and medications. For decades. They also took my blood to check my liver for the C&P, since I have pancreatic disease.

    4. pacmanx1

      pacmanx1

      Great Job, I am in your corner. I will say that in the past VA has been very lazy and inept to review and comprehend most document. I am hoping that they are better at these processes now. You Know getting rid of all the dead heads and lazy folks. Just keep them on their toes and make sure if you don't get what you want try your best to get as close as you can. 

  6. who else had c&p doctor say a surgery was procedure not surgery. The c&p doctor argued and said that a Procedure is Not Surgery. Surgery for Pancreatic Cysts | Memorial Sloan Kettering ... https://www.mskcc.org/.../surgery-pancreatic-cysts Named after a surgeon who worked at MSK in the 1940s, the Whipple Procedure (also known as pancreatoduodenectomy) is used to remove cysts in the head of the pancreas. In this approach, surgeons remove not only the head of the pancreas but also part of the small intestine, the lower
  7. totally exhausted and sick almost al the time still. Sleeping a lot,, need sleep a lot. Can't see doctors,t he VA quit seeing us, along time ago and with this virus stuff, no help at all. My legs suffering in severe pain, and sometimes for weeks at a time I have to sleep with my feet touching the floor or else I can't sleep and scream in agony. PAD? I begged them to help with my legs. That seemed to have started when I was in a hospital bed most of a year unable to eat, and on a feeding tube, and unable to walk for one year. One year ago, in the summer, I had severe bronchitis and green slime filling my airways and puking green slime with high fever, the va refused to see me, and went to a local hospital where they took xrays and found bronchitis. With this virus the va basically told us to stay away and not go there.

    1. Buck52

      Buck52

      Go your your local E.R...Once your there have someone with you call your vamc  or ask the office clerk to call them and let the VA know your at the E.R.  the person they talk with at the VA with will give the ok or they will send a VA Ambulance to come pick you up and take you to the VAMC

      So be sure you have your VAMC phone #

      Due to this coronavirus pandemic  this is all I know to tell you.  if your taking all your medications and keep warm and drink water and try to eat something that you can eat.. that's about all I know you can do,?

      ,if you have a fever take fever reduce meds and maybe take a wet damp cloth and place on your face/for-head.

      I am sorry to hear your sick.

    2. retiredat44

      retiredat44

      for now I am just regular sick,,, last summer was the summer of sever bronchitis, and they would not see me.. other people go on summer vacation... I spend it sick in bed... just saying the va will not help, and with the virus thing,, they won't help at all.... My legs are a little better,,, but if they go back to the pad suffering....  I don't know if my legs need some meds to stop the blood from clotting... or severe muscle cramps that keep me from not being able to sleep... just that the va should be helping us, and not keeping up away and refusing to help... why punish us because of the virus... next bad episode I will not have time to beg for help... I go down and feel like the va is punishing us vets... like we are suppose to not get sicker until the virus is gone... which is crazy...I hope they get my benefits finished so they can pay my daughter's schooling before I die... once I get too sick and die my family will not be able fight for the last 10% which would fix the problems of her school costs the va never paid... or maybe there are clogs in the legs which means something will come up and give me a stroke.... it gets very bad... and excruciating... at least I have not gotten that virus.... in a very small town away from the big cities.. Thanx for caring...I will get up and go outside,,, for a few minutes... I will get very tired and come back in pretty soon,,, cya later...

  8. So, I am at 90%, have no gotten a final rating, after years of the BVA wait... asked for TDIU, many years ago (their excuse was I was below 70%), then again filled out forms 2014. Filled them out again a few weeks ago. My POA said don't do anything until after they make a decision and if I have to file disagreement to go from 90 to 100% with BVA, if they refuse to move it up for the final rating. I filled out the forms. I have not worked since 1995. Could not fill in employer because they no longer exist. VA sends me a letter asking me for the employers. POA says the VA was really messed up ba
  9. Similar to mine, I had gastroenteritis, and hospitalized, and also other problems, sick from chemicals, a few times, all in my records, but they to this day refuse to link the gastroenteritis to anything including my ibs, and pancreas disease.. even though it is all documented by doctors. They will most likely fight you and you have to try to get IMO's, as they fight you.... and it is a really hard thing to get acknowledged, they fight you like they are getting a million dollars for every person they deny. I haven ' read anything else yet on your battles with the va.... I can say, throug
  10. I sent a message using secure messaging to the eye clinic, they called me back, by phone, and they made sure I have my meds and told me they will re-schedule for about 2 months later... so, it was worth the secure messaging for the clinic to make sure I am not left out... I don't want to lose my eyesight too!
  11. I have more than pancreatic and liver diease, I have glucome and cataracts. The VA optometry cancelled my eye appointments with all these virus problems going on in the USA. The letter said if I have to reschedule. I have to see an eye doctor every three months because the damage was increasing for a while. Now what? is the VA cancelling ever vets appointment at the clinics? Are we screwed?
  12. Everyone in the service or at a base, etc needs to report contact with virus to doctors https://www.thedailybeast.com/coronavirus-outbreak-on-aircraft-carrier-sends-troops-scrambling?ref=scroll if they don't some day in the future the va will screw them and say they weren't affected... of course they don't know they will get screwed like most of us didn't know until we made a claim and found how vindictive and mean the va is
  13. I can only base it on my opinion, but in my experience, they do not go out of their way to help in any way, the 'duty to assist' maybe worded as to assist in help to get some records... but in no way are they accountable if they do not get records, read them, or anything else.... it is extremely misleading. You can read all of the experiences of those that were screwed over thinking that it meant one thing, but did not. I am sorry if you also fell victim, if you do go as far as the BVA, the judge can try to force the VA to look at whatever they missed or refused to look at. Of course that wou
  14. I faxed my TDIU form this morning. After being screwed around constantly for decades, and at 90% and still not have my rating, and they keep doctor shopping sending me to more c&p's doctors claiming the ones they sent me to were the wrong doctors. (doctor shopping by the va ). I asked for TDIU for decades and no one would help. I put it in my claims too, never got an answer. No one would help me, so I downloaded them, filled them out and faxed them off. same thing happen with my 1151, everyone refused to help, and I did that on my own too. I was last able to work 1990. went on ssdi 1995. W
  15. Honestly I don't know what is going on, all my reps, or the legal advice I got was to wait until the c&p's are finished, as they left me with 90% (It maybe like 94% or such. I yet to receive the statement on the ratings, so I don't know.), but my claims have not been finished yet, the c&p's I think were the last part to finish the remaining claims. I asked for TDUI a long time ago, never heard a word back about that issue. When they decide the remaining issues, I will find out what steps I have left open. You would think since I last worked in 1995, they would have given me the tdiu,
  16. I had won an 1151 for my necrotizing pancreatitis (the hospitalization and surgery was screwed up by the va and they admitted they made bad mistakes, so the BVA judge approved my 1151), and also have liver disease, neurological disease (symptoms of Parkinsons or others), and other diseases. Some diseases go back to when I was on active duty, the edema and swelling of my limbs, which continue, and I was hospitalized with gastroenteritis on active duty too. And I have had intestinal disease and esophagus and gastroenteritis. So, I still have what I had on active duty plus it spread and got worse
  17. I am saying this out of experience,,, duty to assist is fraud.... they actually don't mean what the dictionary says it means..... liars, conniving crooks... I could give tons of proof to back it al up, but I will die spending my last few days or years listing al the lies,, instead of getting the much needed rest.... if there were lawyer or attorney, paid or pro bono, or someone that cared, they could prove this, but no one can take the time and resources to fight the deep pockets of the crooks... you are on your own.... no one will fight for your rights,,,,, only you.....
  18. I still had some remands, and had a C&P for several issues January 2020, some issues going back to claims from the 1990's. I haven't wrote anything down in the forms, comments, because I don't know anything, yet.

    1. retiredat44

      retiredat44

      the va sent me an ssoc for the remaining issues, as they doctor shopped and kept sending me to c&p's until they got the answers they wanted.. like 10 c&p's over the last few years asking the same questions. the BVA would not answer my email about my new ssoc, and they finally answered saying they are all screwed up because of the virus and cannot respond yet, they are tying to get the employees to do some work from home. I sent in the tdiu, as I stated in my other thread from a couple days ago. the same tdiu I have asked them about and put ion my forms and begged for help over the decades, and did it myself,,, no more waiting for help. And faxed it to I guess it is in Wisconsin on the address and fax number on the official form. They are so invested in stopping me from getting full benefits they are trying every dirty trick.

  19. I have so many questions, but it looks like the VA/BVA is sending me to some more C%P exams. At this point they rated me at 90% 1- My Necrotizing pancreatitis is the worst version, the only version worse is cancer. I know this because my doctors told me many times over the condition of my pancreas and other surround organs. Also have the portal and splenic veins from the liver tot he heart partially blocked. Plus liver disease. Much more. But, to me it looks like the BVA or whoever cheating on the rating, that should have been 100%. it is permanent, inoperable, and have spent 1/2 my
  20. I don't have my ratings yet,, so I can't answer lots of questions...
  21. https://www.disabilityadvisor.com/five-common-mistakes-in-va-disability-claims/ I did list my symptoms back in the 1990's, the BVA judge in the last few years asked me about those claims and why I worded them the way I did, and told him I Knew I was sick and the doctors were not quite sure... about the diagnosis of each,,, but I at least claimed the symptoms, of course the RO denied me and 10 years later I had firmer diagnosis on the same symptoms... so I did do exactly as they say to do.. but the only va office which took my claims seriously was at the BVA decades later... I thoug
  22. http://www.militarydisabilitymadeeasy.com/thedigestivesystem.html#pancreas The Pancreas The pancreas is both a gland in the endocrine system and a gland for the digestive system. If the pancreatic condition interferes with its function in the endocrine system, it is rated under that system. If it interferes with its function in the digestive system, it is rated below. For the digestive system, the pancreas creates important enzymes that help the small intestine absorb the necessary nutrients. Code 7347: Pancreatitis is the swelling of the pancreas that occurs because the enzymes it
  23. it looks like they low balled me bad on my 1151 win with my necrotizing pancreatitis.

    I have like 5 issues,,,

    1-the 1151 was a pancreas procedure that failed (won)

    2-depression from illness and pain (won)

    3-skin issues remanded (eczema skin swells too) remanded

    4-gastritis and ibs from active duty originally filed and denied 1997. (remanded)

    5-myosotis (muscles fill out, flab, but no power, no nutrients from the intestinal and pancreas disease, so they are very weak) remanded

    6-neurological (the neurologists said it was Parkinsons... but originally had taken meds on active duty when I got sick from chemicals and took meds for tremors) but I lost al controls of my limbs and had to be bathed and moved by others until I got strength up and got some of the limbs control back, but lose control of my limbs when doing strenuous activity (remanded)

     

    I was at 60 % for many year (50% headaches plus 10% for bad knee patella from active duty)

    now with the 1151 win from the pancreas surgery issues (was in VA hospital 6 months fighting for my life after they cut the wrong parts) plus depression, my rating looks like it went to only 90%

    Of course the remands are still out there..

    Was I low balled ?

     

    (I downloaded my benefits letter and found this number out.)

    I sent my POA a copy of my BVA decisions.

     

    Rhetorical and depressed, who can one with 1151 with necrotizing pancreatitis, spend 1 year in a wheel chair and in bed, no chance of any cure ever. Very sick and in severe pain every day.

    60% to 90% low balled? and with a few more issues in remand...

     

    any more advice?

    Thanx..

  24. it looks like they low balled me bad on my 1151 win with my necrotizing pancreatitis. I have like 5 issues,,, 1-the 1151 was a pancreas procedure that failed (won) 2-depression from illness and pain (won) 3-skin issues remanded (eczema skin swells too) remanded 4-gastritis and ibs from active duty originally filed and denied 1997. (remanded) 5-myosotis (muscles fill out, flab, but no power, no nutrients from the intestinal and pancreas disease, so they are very weak) remanded 6-neurological (the neurologists said it was Parkinsons... but originally had taken
  25. Purple Heart helped me in the 1990's, my first claims... I had no idea they were closing.... any mistakes made were mine, but I had a big win with them....
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