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retiredat44

Senior Chief Petty Officer
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Status Updates 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. 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.

  3. some of my medical records

    01-01-11_My_Medical_Records2.jpg

  4. 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.

  5. 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.

  6. 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...

  7. 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...

  8. 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.

  9. I am still very thankful to al here at Hadit, as my fight for benefits probably and mps tliektly lik e99% of positive help was given to me to help get through this crooked nightmare of disability claims...

     

     hope that al those stil inthe fight for their benefits, and those new ones can get the help to win, get the  benfits they deserve and hope what people like me have written with our experiences. I ahve not been here a lot, I am still fighting for health and peace... the benefits with more money were great, but the fight left me very sick.... and I need more rest than is normal... and I don't travel...... I enjoy living out inthe countryside in peace and enjoy different seasons.... getting away fromthe large cities and not inthe fight withthe va has probably saved me from dying faster,, less stress... I would say to those that can go to a smal town, go out intot he countryside, get away fromthe craziness... IMHO

    1. retiredat44

      retiredat44

      I was listening to the recorded Radio Show :  Hadit.com / Exposed Vet Veterans Podcast with Katrina Eagle and Jim Radogna.

       

      It was on exactly what I got sick from the chemicals on active duty working with aircraft. PLus working with other chemcials even after the suaf doctor told my command not to have me working with chemcials they made me do it again. Againt he doctors removed me from contact, and lost al my specialties in the usaf, after 4.5 years was out of the usaf because of the chmicals and no job. The radio broadcast, or podcast... nailed the exact exposure and chamicals. Yet the VA fought me for decades and the podcast mad eit sound like they got people bendfits with a few years. it took decades of being screwed. I can't go on because I get furious thinking of how screwed I was. I was soaked in the chmicals, not just near them... My clotes were soaked jsut about every day, at least my coat, pants, hands, arms... and everything I breathed too.  I never got ful benefits, they made sure I could not the va made sure I did not get them all. I wish the people who listen to the podcasts do not get their hopes up so high only to crash and burn when they get screwed so bad. Even it you get 100% it does not mean 100%. I could go down a very long list of thing they will not give you after they fight you to the death. The va are crooks. And I am being very kind. If only I could show them my millions of pages of medical records, the pancreas and liver diseases and decades of beddrin life. Chained to toilets. Months and months of living on a feeding tube and living ina hsopital bed fighting fo rmy life. Losing everything. And trying to get help in eveyr way possible, and finally getting soemtone to get a partial settlement with the va. The podcast this time was very close and almst exact to soem of what got me sick, but in my case I have the proof and records, but actually got sick many more times on active duty and is un my medical trecords, and the va still lied their way through my case which took 22 years! of filings, appeals, and some very horrible experiences with very bad reps. This is probably why I could no longer be active in the va community, because of being very sick but reliving the hell I was put through. Anyone who has hope fromt he podcasts, I hope you understand the va would rathe rlie and cut your throat than read official documents and give you those benefits. 

      01-01-11_My_Medical_Records.jpg

  10. have had community care for a while now.. just diagnosed with basal Cell Cancer. Tricare is a PIA, when it comes to getting the ok for appoinments.. the worst bean counters.... I had no clue until I used them.. oh well.. at least I can see docotro, someof the time,, they are stil behind of some of my issues... stil ldidn't cat scan my pancreatic and liver disease for 2 years.. were suppose to at least one per year.... as usual sick laying around the house... cya laterz...

    1. Carl the Engineer

      Carl the Engineer

      44,

      I hear ya. 

      Tricare says they can't tell us where my wife can go for care until we sign up (she's 30 year Multiple Sclerosis) and she currently uses about $150,000.00 of healthcare a year.  So, we will keep our private Medicare advantage plan.  Can't take the chance.

      Hamslice

       

    2. retiredat44

      retiredat44

      so with community care, the doctors are willing but their hands are tied to get approvals from tri-care. Tri-care is just a bunch of bean counters that decide if you get care, or don't get care. Then I have had the call me several times rapid fire questionss about my appointments and confusing me, trying to make new appointments, changing my appointments, and treating me pretty bad... they call several times to make sure I am doing something, or not doing something, like they think everyone is a fraud and they double and triple check,,, they are not so nice... I have had screw up my appointments thinking I made other appoitments... They do not leave you alone they ride your ass. I do like being able to go to outside doctors, but they keep us a very short leash. I am not even sure if I should add the cancer to my claims, I have no open claims, but the stress the va causes is horrible.

      It is nice not being in the claims system at this stime,, but at the same time I was screwed and feel I should put it in jsut to show them they lied.

      I have not been reading the forums lately... and am thinking that with the covid virus, that the vets in claims are probably backed up for years while they blame covid for the delays with vets sick and disabled from all the years of service and injuries. I can't imagine it is getting any better, no matter who says they are fixing the va.

      I only have medicare part A, I never signed up for part B. I am 65, but have been on disability for 30 years. I don't trust them either. I was bombarded by the medicare sales people trying to get me to sign up. I just kept my VA and went to Tri-care last year. I think if you live along distance from the va hsopitals, then it is nice going to a local hosptial, clinic. The VA told me I was on a waiting list for 8 years and I am number 800 on the waiting list for a doctors at a clinic 20 miles from me., I signed up for that local va clinic in 2013, Salem Oregon (being number 800 onthe list of course, I didn't know I was #800 until someone told me 5 years after I kept asking and was never told about the list until a coupl eyears ago, the va would jsut tel me they did not have enough doctors). That is another reason why I went to Tri-care. Also, I am scared of them screwing up and sending me the bills. I had that happen inthe past with the va, them not paying bills.

      Those that have to have care for serious health problems, like your wife, I am so many others, Each region and hsoptial has their own politics. You would think they would be the same,but they are all different. Take care, I have to go rest...

  11. have had community care for a while now.. just diagnosed with basal Cell Cancer. Tricare is a PIA, when it comes to getting the ok for appoinments.. the worst bean counters.... I had no clue until I used them.. oh well.. at least I can see docotro, someof the time,, they are stil behind of some of my issues... stil ldidn't cat scan my pancreatic and liver disease for 2 years.. were suppose to at least one per year.... as usual sick laying around the house... cya laterz...

    1. retiredat44

      retiredat44

      with my community care, they are taking care of my checkups and tests, have not fully switched, am afraid of soemthing getting screwed up... Tricare is terrible for getting apointments ok'd, as they wil call asking questions and confusing with the way they ask questions.. they also wil put the wrong times, and get phone rmeonders witht the wrong times...... plus they constantly nag about the appointments,,,

  12. I was having problems searching for my posts, and my posts regarding CUE's. The servers was not working. I see there are templates listed in search, but having had time. I wanted to see if my case would fit a template. I will come back in a day or two and see if this servers works better. It would be great if a template was here to help !

  13. I am resting,,, sick, but ok.... paid some bills, taking care of things at home. Play on computer, walk the dog. Take morphine for continuous pain. I hope everyone is ok. Not sure if I want to continue the war the va put me in. It is too much...  I found out a lot of things they weaseled out of through 'Administrative Trickery' coined by a woman who does legal stuff fighting the va. I am not sure of who knows about this stuff hidden you do not find out until they pull it out and beat you down with it. Like hidden clauses, where you think you won, but they put clauses that basically say if you won by this method you do not qualify for these benefits. So, basically an 1151 win is not a full win, they withhold lots of key benefits. Who knew? Who knew they can deny a date you file and use some trick language that says that date is not going to be used. Yes, they did that, they cut several years out of my filing dates. Yes I have the stamped papers that clearly shows the filing dates. The list goes on, but the cost maybe my death from the hell it causes on a sick person with the va beating you down. I am at a crossroads, with just fading away with some level of peace, or trying to continue to get wrongs righted. Those that have yet to get through the war, be warned they have a large bag of tricks they do not let anyone see until they hit you hard. After all, it is the way of life in those building to screw over the claims. Are they on commission?

    1. Buck52

      Buck52

      Keep Fighting   never give up

      YOU SHOULD REQUEST to see a judge at the BVA, THERE YOU CAN TALK TO THEM TELL THEM YOUR STOREY AND ADD ANY NEW EVIDENCE YOU HAVE .

      THESE VETERANS LAW JUDGES LISTEN TO US. (THESE HERINGS GIVE VETERANS A CHOICE RATHER OR NOT TO TRAVEL TO YOUR R.O. OR SIMPLY DO IT VIRTUAL WITHOUT HAVING TO TRAVEL.

      BUT MOST OF ALL HAVE YOUR EVIDENCE READY   EVIDENCE SPEAKS LOUD AT THE BVA...CHECK MY POST OUT ABOUT A VIDEO A LAW JUDGE MADE  AND WHAT TO TO DO, WHAT TO BRING & WHO  AND WHAT TO EXPECT AT YOUR  BVA Hearing

      THEY DO RECOMMEND YOU HAVE AN ATTORNEY  OR VSO, OR A CERTIFIED ACCREDITED VA CLAIMS AGENT TO REPRESENT YOU..

    2. retiredat44

      retiredat44

      My paid legal rep says he wouldn't try any more. I am not sure why, as the filing were clearly received on dated several years before the date they gave me for the start of benefits. I filed in 2009 (I was in the hospital 6 months of 2008, too sick and could not go anywhere, in bed or wheelchair the rest of 2008, then my DVA rep left his job and I could not get help with my claims until  2009, but they started the benefits date in 2012. I left off in a conversation here about a possible 'CUE' to get the date changed to when I fist refiled in 2009. But my legal rep (whom gets 20 percent of anything I win) says he 'would not continue with pursing the date change in benefits, but I can do it on my own'.

      I know I can send it to the va, but as far as I know it was all closed and settled with the BVA when I accepted and did the deal he made with the va. of course I took the deal 100%, but the date of the start of benefits should be when I first filed. I do not know my rep would not continue, I am confused. I can no longer fight this stuff. I really am going downhill with the ability to think and fight the va. I am not even sure which part of the va I would send a cue or fight the date they yanked out of the air. I know this sounds paranoid, but I am kind of afraid they might find a way to screw me if I continue the fight. That is the state of mind I am left in. I need to go rest, I woke up sick, at 4 a.m. Anyways, thank you for the support. On a day when I can think better, I might try to figure out  what to do.

  14. I may have some very good news coming soon ! Until it is written in Stone, I can't say anything, and don't have much info yet.

    1. Buck52

      Buck52

      Well be sure to let us  know how it goes retiredat44

      fingers crossed for ya buddy.

    2. retiredat44

      retiredat44

      thanx,, but I would feel bad if I said something that did not pan out, I can say, I was a told by a very reliable source that my fight is coming to an end and on my side... I paid for expert help and they came through. it was a big chunk of $$ but worth every bit. But, until it is in stone,.... etc..etc... I would be able to spread some wisdom if it al works out,,, otherwise,,, it not worth much... I would be very happy to tell others some of what I learned, if it helps them. I hope I will be able to share the experience.

  15. 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.

  16. 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

  17. 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. 

  18. 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...

  19. 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.

  20. 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..

  21. The Board made a decision on your appeal

    The Board of Veterans’ Appeals sent you a decision on your appeal. Here’s an overview:

    Granted

    The judge granted the following issues:

    • Service connection, Major depressive disorder
    • Benefits as a result of VA error (Section 1151)
  22. stupid b.s. va appeals status still says takes 1-2 months.... going on 4 years of 1-2 months.... dirtbags, they can't even lie with a straight face

  23. 10-06-19

    VA and my doctor when I lived in the VA:
    note: I suffered greatly and I had unexplained internal bleeding and six months of fighting fo rmy life. the doctors cut into a part of my body, that connects the liver and pancreas, 
    when I signed a paper giving permission to drain a large cyst onthe head of my pancreas. The internal bleeding lasted along time and went sepsis. I now see this doctor did un approved studies and I was one off the victims 
    at the VA. I had many, many conversations and exams done with Dr.Ho. I wrote along letter this past Summer, to the VA and Dr. Ho. about my disease and care, and the VA may have known about this criminal  case, but kept it from me.
    The VA in San Diego knew me, and sided with me and wrote me aletter I submitted to the BVA Judge shwoing that the health problems I suffer from the surgeries and care 'More than Likely' were from the the procedures from that VA Hospital.
    The BVA, who is suppose to make decsions on my disability claim ahs been draggin their feet and at decade hass passed while they drag their feet. The BVA also has other letter, (Independant Medical Opinions) that are used by legal arguements 
    showing professional opinions on whter some it either less like and more than likd=ely caused by this or that. The VA has al the time and deep pockets to get al the professional opinions paid for by the government and a Veteran much seek and 
    search out, pay for these out of their own pocket, and can cost into the tens of thousands of dollars, so the deck is stacked against cveterans who file disability claims. The VA , BVA Board of Veterans Appeals (sort of like a high court)
    for Veterans, which has almost the final word, with another court which can be apepaled at great expense if you can provide more evidence. Evidence is used like evidence to prove soemthing, sort of liie cycincally guilty uhntil proven innocent.
    So, I now find this exculpatory evidence that a big doctor who worked on me (for a long time) is in trouble for unauthorized medical work and studies on sick veterans. Me being one of those very sick veterans that has liver and pancreas disease and has procedures done by this
    very same doctor for along period of time as botu an inpatient and outpaitent.

    The short of it, if the VA/BVA knew and didn't tel me while I fight for my case, it is evil and wrong, if they didn't know they should have known. As I suiffered greatly over al these years and the same symptoms as described in the investigation.
    =====
    https://inewsource.org/2019/10/01/veterans-affairs-investigation-san-diego/?fbclid=IwAR3dIVQi4xECowjvEJpaaJYKBdq7M-hK9_mCCgw-6wWLrs7xkzTAl8-KjKg
    =====
    said.
    Seven years of whistleblowing
    After learning the latest on the congressional hearing, Buck told her story for what seemed like the hundredth time.
    She was a liver researcher at the San Diego VA in 2013 — and a member of the VA’s research safety review board — when Dr. Samuel Ho proposed a study on veterans with alcoholic liver disease that would examine leftover biopsy tissue from the ill patients.
    As Buck read the research proposal, she grew concerned that Ho planned to perform medically unnecessary liver biopsies for the sake of research, putting the patients at risk of internal bleeding and other complications.
    Buck contacted her supervisors, warning them not to approve the study. It was approved anyway.
    “I was hopeful for like, I guess 15 minutes,” Buck said. “But when I started talking to the people that could have stopped this, they just kept patting me on the head pretty much and telling me, ‘It’s okay. You convinced us. We’re not going to do it that way now. But now we’re going to do it this way.’”
    Over the next five years, she and Chojkier reported their allegations to at least three federal agencies, were interviewed twice by the Office of the Medical Inspector and sent complaints to other research institutions involved in the study.

    Months after the medical inspector’s office issued a report on her allegations in early 2018, Ho retired from the VA and took a job at a university in Dubai. He and the VA researcher who took over the project, Dr. Bernd Schnabl, would not comment for this story, nor would a San Diego VA spokeswoman.
    The OMI’s investigation concluded that “no substantial danger to public health” occurred at the San Diego VA. But when the special counsel’s office reviewed that investigation, it said the OMI hadn’t fully addressed the whistleblowers’ allegations.
    The OMI had already issued two reports, but the special counsel’s office told the OMI reinvestigate and produce a third report, which is not publicly available yet.
    “These reports focus in so narrowly on small questions and miss the big questions, and it’s seriously concerning,” said C.K. Gunsalus, director of the National Center for Professional & Research Ethics, after reviewing the OMI’s investigation into the liver study. “They all have most of the hallmarks of really bad investigative reports that miss the mark.”
    An internal report from the San Diego VA obtained by inewsource in February verified Buck and Chojkier’s main complaint: medically unnecessary liver samples were taken from sick veterans without their permission. The report said “serious noncompliance occurred” during the research, which put patients at risk — contrary to what the medical inspector’s report had said.
    “It wasn’t professional,” Buck said about the OMI’s investigation. “It wasn’t what the veterans deserve. It wasn’t what the whistleblowers deserve. It wasn’t what the country deserves. I can’t imagine what they were thinking.”

    1. 63Charlie

      63Charlie

      I hope you file a federal tort action about this medical malpractice.

      Frightening ordeal knowing you were used as a guinea pig.

      That is enough to make anyone have PTSD once they learn what was REALLY going on.

       

    2. retiredat44

      retiredat44

      I am not sure what the hell is going on,, the bva has my case, and today my representative said she would send this info to the judge... she is no sure if they made a decision yet... I could get any lawyer to give me the time of day before...

      I have more to say.. and am suspicious about why the va gi clinic where both I was and that doctor wrote me an IMO a few months ago.... but maybe they knew and wrote the imo on my behalf because they know more about what happened to me... I sent a note to the investigators, not sure if they will contact me. I hate looking and talking to lawyers... the imo the va got against me basically said shit happens... that was before I found this.... they said even though they cut the wrong part and I never signed a release for anything other that to drain a cyst, accidently cutting t tube was still possible.... yeah right and this doctor is cutting off parts for his Frankenstein project and the va claims protects him... If only someone who knew what to could help... anytime I asked no one would pay attention.... Thanx for the thoughts...

  24. 1-2 months for decision, says my BVA pages....

    but, that was many moons ago....

     

     

  25. Issues

     
    Currently on appeal
    Remand
    • Service connection, myositis
    • Service connection, Major depressive disorder
    • Service connection, Irritable bowel syndrome
    • Service connection, Eczema
    • Service connection, Parkinson's disease
    • Benefits as a result of VA error (Section 1151)
     
    Closed
    Granted
    • New and material evidence to reopen claim for service connection, Irritable bowel syndrome
    • New and material evidence to reopen claim for service connection, Eczema
    • New and material evidence to reopen claim for service connection, Parkinson's disease
    • Service connection, Limitation of leg motion (flexion)
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