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retiredat44

Senior Chief Petty Officer
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Everything posted by retiredat44

  1. 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.

    1. retiredat44

      retiredat44

      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!

  2. it's not just pain, my heart is working very hard, like it is going to explode.. and I am either going to have a stroke or a heart attack.. don't get me wrong, if I can walk I will. but it becomes unbearable often.
  3. I have been thinking about getting like a golf cart for around my home.. I am also looking at getting a mobility scooter. I am 100% disabled and have issues that are causing severe blood flow issues to my heart, and have had a heart attack and swelling legs when I walk or drive not far. I am trying to figure out what to do. I try and walk as much as I can but suffer greatly. I vowed I would never go back to a wheel chair, but I can't fight it. Do I just ask my primary care at the VA? about an electric scooter? Thanx.
  4. 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!

    1. broncovet

      broncovet

      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

    2. retiredat44

      retiredat44

      all I hear is, unless you were at Guam, then nope. I just hear and hear the same thing, no case.

  5. BTW, I had to take it to higher lever review, the first bozo at the VA was totally cluelss. and not worth going into the absolutely stupid response I got back after waiting the first a couple of months. After that, al my response back for 6 more months went to the Higher Level non-sense. Also, they send you the denials for only one item at a time. if they had told me upfront al of the items in the denials, I would have sent the further evidence all at one time. Not peace meal stretching months and months of back and forth lies and non-sense. Again, dealing with nincompoops and va employees who live to deny. (sorry, but I am holding back so much after this b.s. since the 1990's !!)
  6. I had to file the CUE of mine, on my own. I filed online directly the Wisconsin VA claims office. I search the filing claims, and there is no CUE claim form. I filed it as any claim would be filed and wrote it as a CUE. Since the only feedback I got was the usual denial, to which I have rebutted each denial with solid evidence that they were wrong and I am right, with the copies of al VA correspondence evidence. I never got any feedback from them with any help at all. I wish I could have had professional, help. I did get some great help her eon Hadit, using a template. But, putting on a regular claim form is difficult, as the claim form, I believe is not right for a CUE. But, the VA doesn't care and expect you to use it the way it is. It doesn't allow you to present the CUE properly. Correct me if I am wrong. I just feel it is much harder to break the mold and present the CUE as CUE, their crappy form is formatted. Terrible for CUE. IMHO.
  7. I have a rep, but he stopped helping me after the last two very large payouts.. I really don't want to give the name, but he is very well known and highly regarded. in any case, I know I will win, they are just dragging it out through incompetence or on purpose or both. I also put in my claim that no one is helping, me as I am not going to have him get anything for not helping me on this claim. I guess that 'duty to assist' is still b.s. as they only try to deny. But believe me, they can't say they didn't know the 1151 dates and BVA grants and dates now, they now have more copies of my documents. Unless they didn't have them or couldn't find them, which I can't believe they didn't look. They somehow made up a date 5 years later than my grant date from the BVA. They really should be fired for doing this to vets. No Justice. Sorry, but they just make me angry and rant. I also am so sick now, I could never get through the lawyer help thing every again. They all had their chance to make a fortune off my hell. and they refused. All the hell I went through begging for help for decades and decades. Been going through hell since 1990. I do appreciate the thoughts and insights on how to get through this. At least I got it going, and my family will be here if I am gone.
  8. Update on my Cue: 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.
  9. it just occurred to me that those looking for hospital records from civilian hospitals, in the State of California, if you have not been a patient there for 7 years, they are no longer legally responsible to keep your records. You can go to their records and find out. THis may not still be the law, as I haven't looked into it in many years. Hope it helps someone.
  10. some of my medical records

    01-01-11_My_Medical_Records2.jpg

  11. 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.

  12. Thank you! without al of the help I could have not found all of this help anywhere else!
  13. I think you left out one thing about Mac, vs Windows. originally, Mac processor architecture were totally different from Windows OS architecture. One works better with running some types of software and machines than the other. Hence why the MAC software could not be flat out ran on a windows machine. Without code changes, and Vice Versa. Each is great in their own way.
  14. 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.

  15. so far, a shit show, my doctors have ct cans and mri showing tumors and on the bone next to my eye, and the nose is very infecting and swelling and draining, purple has been around my eyes and hose for years, and the tumors explain why it is discolored between my eyes. My doctors from a couple clinics told me they would again talk the ENT clinic. I had a bad experience with a doctor there, who apparently wasn't going to listen, and didn't have all of my files. This same B.S. caused the same issues with my pancreas which left me fighting for my life in a hospital bed in 2008. The feeding tube which was in me for 6 months ran through the same area where there is large infected cyst in the sinus under my right eye, not the same one as the tumor on the bone. This week I have to see if they fix their communication problems. I am furious, and my wife is pissed off too. Anything you read about the VA problems, are much worse than the scumbag media tells it. They are more worried about the paper masks than the health of vets. They cancelled thousands of medical appointments blaming covid. I know I can't get political here.

    1. retiredat44

      retiredat44

      Nov 9, 2022, Yesterday I found out I have had a very recent Heart Attack. EKG shows the heart Attack. I don't know anything else...

  16. My claims was decided/finalized at the BVA level. And it has been a couple years, since the claims were settled. So, mine has to go to either where the bva office was, or the regional which then was moved to the BVA appeals for many years. In my case the BVA was out of Portland, Oregon. So, I believe the regional is not part of this, but please show me if I am wrong. This is why I hate trying to be my own legal rep. Everything contradicts every other thing. A mind F***. I am at least referencing the last decision made. I don't not believe this is re-opening a claim. Only a correction. Just the wording and where to send it. Thank you, I really do appreciate the help.
  17. Ok, so I have decided now or never as my health is still going downhill. Looking at a cue, using some info from these forums reqarding examples of CUE's. I put together the following draft : (I wasn't sure about the including of all the paragraphs in the dating decision, so while P printed them all in that last letter of entitlements granted, I emphasized the one that is more to the point of the CUE.) Veteran: XXXXX XXXX XXX-XX-XXXX Litigation Support Branch Board of Veterans’ Appeals P.O. Box 27063 Washington, DC 20038 Claims and Appeals regarding Necrotizing Pancreatitis and U.S.C. 1151 benefits dated 2012. Actual VA 1151 injuries occurred at the VA Hospital that Veteran was an inpatient from March 2008, to approximately late July 2008, with additional home care nursing that followed appointed to the Veteran by the VA. Injuries occurred March 2008 during Pancreas procedures and hospitalizations at VA Hospital, La Jolla, Sand Diego, California. Because of extreme serious health issues, Veteran (Myself was unable to file) until 2009 for the necrotizing Pancreatitis and of the related issues because of serious health and mobility issues. Also, My heath diagnosis changed from one diagnosis to another during the 25 year constant changes in severity of the original conditions for which I suffered, starting from Active Duty, to the onset of total disability illnesses. All the way to present. Also, the 1151 claim (several claims included before this date) followed in 2012, after some legal counsel explaining my options during claims and appeals. I had no knowledge of my full rights, and taking many years of legal help searches and some representatives that were not fully qualified to represent my case. I, XXX SSSSS, therefore, submit and ask a CUE on the effective date be changed according to the following Veterans Laws: “clear and unmistakable error” (CUE) Under 38 CFR §3.105 To reiterate: Veteran is asking for CUE for the effective date to match the date of injuries, the date of filing claims for those injuries and illnesses. And not just to the date of filing the CUE as : “clear and unmistakable error” (CUE) Under 38 CFR §3.105 - Effective Dates of Awards. ============= Department of Veterans Affairs Original Agency of Jurisdiction Regional Office =============== REQUEST FOR VA TO CUE ITSELF REGARDING PART OF THEIR 2019 DECISION I respectfully request the VA to call a clear and unmistakable error on part of the above 2020 decision from the Portland Oregon VARO/BVA and to correct it. The VA's CUE lies within the first statement, " Evaluation of chronic necrotizing pancreatitis... " . on page 01 of the Rating Decision: November 3, 2020 decision : “ Evaluation of chronic necrotizing pancreatitis, which is currently 60 percent, disabling, is increased to 100% effective July 24th, 2012. " “ Evaluation of psychiatric disorder, to include an anxiety or depressive disorder, which is currently 30 percent disabling, is increased to 50% effective July 24th, 2012. " “ Entitlement to special monthly compensation based on criteria being met is granted from July 24th, 2012. " The veteran, XXXXX XXXXXX was totally and permanently disabled by his March 2008 Section 1151. The VA's failure (CUE) to consider and evaluate the evidence VA had in their possession manifestly altered the outcome of the decision referred to above , November 2020, to my detriment as the claimant. “clear and unmistakable error” (CUE) Under 38 CFR §3.105 Note: No one is currently representing me, I am currently representing myself. As no one else has any claims (Legal and/or Monetary) to any claims of mine at this time. note(1) My Wife (XXX XXXX) is legally my Caretaker, and is recognized as such by the VA. XXXXXX XXXXXX 09-06-2022 ================= thank you in advance for any help in writing this.
  18. not really going to get any more benefits,, the 1151 got me to another type of 100%, not the benefits. although I do have the full medical. I am wondering if anyone else has this issue and what happened.. even if the person didn't have the same medical issues as me. I am working on the CUE for effective date change, in another forum thread.
  19. Ok, long story short, ever since I had a feeding tube through my skull, into my intestines in 2008, removed after 6 months, I have had sinus issues. I complained shortly after discharge about the problems, swelling, discharge, pain. Now they finally are taking me serious after all this time. The discharge pain, and other nasty symptoms got me another cat scan. Now they found growths or tumors. They have to look some more to decide what to do. I have had double and triple vision for a long while. (been seeing some strange things too) Intolerable suffering of the space behind my nose and face, sever numbness and pain, especially when I wake up every day. Apparently, the scans show it right at my eyes socket, and they haven't done the better scans yet. The discharge has been horrific, but I don't want to gross people out. Has anything here gone through anything like this? I have no clue if there is cancer yet. As I wait for another appointment.. Thanx.
  20. I was told by my rep that after I was awarded 100% they would no longer help me file any more claims. They shorted me several years and pulled a date out of their butts. I have the paperwork, but am unsure if it was purposely overlooked and seeing the rules for CUE's there must be new evidence. The evidence was when I went into the VA hospital in 2008 (for 6 months), but they started with 2012, and I never got a reason why. My Que would be to change the effective date from this out of the butt date or 2012, to the date of 100% from 2008. I spent to many years fighting got my life and my family, and let it go because I needed a professional's help. I am too sick to fight these people at the VA. I am really interested in watching claims and CUE's like yours. I know they only thing they can say is no. But I was really afraid they would have screwed me totally over if I had not waited until at least ten years went by with a 100% rating, so they could not screw me out of that. That took from 1997 and thousands of nightmares and illness, and totally disabled nightmares, plus 20 years of appeals, and the BVA 10 year long nightmare. So, I really don't want to go through all that again, I was originally given about 2-3 years to live, because of my illness. So, I will keep hashing this over, hoping an epiphany strikes on how to do this without the VA screwing me some more.
  21. not so much, they will fight your imo with one of their imo mills on retainer. They did with mine. It was a pure b.s one, they had the credentials but the imo was cookie cutter. So, they will not give up they will fight you to your death. I am not being sarcastic, I am telling you the truth of my experience plus what I learned over decades of their abuse.
  22. I am not saying anyone lies, but I don't believe they read the records... or they lie either way... in my case I have more than enough,, I know this looks liek I am being flppant about my records, but without stating again all the issues, llok at some of my medical records with the va... (I say some because, yes there are some more) photo of records attached (for those that don't know me.. sorry if you have already seen them)
  23. Those that know me, please excuse any info that has already been talked about in length in the past,, this i smor elike an additon with ongoing and newer issues that are linked to the past...

    I was healthy when I was very young and in the USAF. I got sick in the USAF from chemcials, and left and worked in fields without chemicals. MY father died of COPD. 
    I got pancreatic disease linked to the USAF. I have suffered from Pnumunia inthe past too, and have had breathing problems for decades, but the necrotizing pancreatits affects many organs. 
    I was in hosptial bed for 6 months and on a feeding tube and took many years to eat and walk again. My lungs have had issues with breathing for decades, but the breathing issues came up bad with the pancreatic disease. Beforre then only pnumonia was my only lung problem experience and that was on active duty.

    and have had so many problem with my nasal passages, and have had severe discharge of material from my nose, and in the last couple of years I have had very thick stuff. Actually the feeding tube caused me great node and nasal problems and I had growths inthere and also the feeding tubes when they would remove on or they would expels themselves (violently) out of my intestines and nose when they became green color with looked like bacteria..

    coming out my nose and was like silicone so thick, a horrific smell like sulfur for aat least a decade... and the white stuff was just like silicon out of the tube you can buy,, and also turned hard and would break out of my skin with blood.

    The doctors were of no help, they would jsut brush it off..

    my percentage of oxygen has been going down over the yars and lots of blood pressure problems.

     

    I am still suffering with leg swelling, but not the feet.

    lately that silcone has turned to a rubber, foam and liquid, both and either just collectsdvery fast or I have viloent sneezes and I get rolls and blocks of it out of my nose.

     

    I have had lots of pain for years up in my chest and I can't tell if it is from the pancreas of lungs themselvs.,,, and not I am expelling large chunks of rubbey frothing chunks and liquid, and am not sure what else I have now. 

    I have the VA for my health provider and they are not so good at helping me, as they are not very good with people with so many really serious issues. 
    I have had so many doctors come and go, and I get so frustrated with trying to get help with all these issues,, they just usually take tests and , as with the 
    pancreatic disease they told me they cannot help me, but just give me meds. I am wondering if anyone else has these issues with these nasal and lung discharges, 
    Always out of breath. I am afraid to start yapping about it to my wife, she hates to hear me with all my issues and she says she cannot handle the pressure, and I read to 
    see what is wrong, the doctors just don't help much. I just want to know if soemone else experiences the dicharge out the nose, mouth etc.. 
    oh yeah, forgot about the blood pressure and heart beat all over the place. I am in my mid 60's now. Thanx for any info on experince with this... I am not sure what to make of this rubbery, hardish and soft foamy stuff coming out of my lungs...

  24. the va lies about the effects, even when I went throah appleas they lied and lied and lied.. here are some facts they lies about regarding health  Jet fuel - Wikipedia

    1. GBArmy

      GBArmy

      It is important to note that even though some of the info posted on Wikipedia is correct and informative, unless it refers to a resource that is reputable, like a medical study, journal article published by a board certified doc, etc., the VA will not consider it to be probative. It is usually some one's opinion that isn't substantiated. A C&P examiner will ignore or completely discount it.

    2. retiredat44

      retiredat44

      yes... but there is a long offical history of chemcials (from the developeres an researchers) and I am not using it in any claim...  my claims were closed a couple years ago...

      I am only making a point about the outright lies the va uses and gaslights claimants...

      plus they don't read any documents.... no matter where they come from...

      if I were I would note the sources, go to the scientists and researchers documents, but none of that matters, only the IMO's. Which the fights back against.

       

      I am referring to the legal reps who are stating that the va still fights back against the vets who got sick on the flight line from chemicals, noting the radio/podcast I am referring to about the chemicals. And those that are getting screwed who got sick from them.

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