Status Updates posted by retiredat44
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 !
Instead of posting questions in a blog you will get a lot of more responses if you post in one of the forums.
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?
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..
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.
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.
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.
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.
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 !
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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.
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.
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.
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.
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.
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...
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.
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.
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?
The Board made a decision on your appeal
The Board of Veterans’ Appeals sent you a decision on your appeal. Here’s an overview:
The judge granted the following issues:
- Service connection, Major depressive disorder
- Benefits as a result of VA error (Section 1151)
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
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.
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.”
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...
1-2 months for decision, says my BVA pages....
but, that was many moons ago....
I found more info on my claim, seems way more up to date:
I hate reading my case, and my files, it breaks me up, total despair from the hell.... it tears me apart...
and I know I sound like I am whining but everyone has a breaking point...
I was reading through a couple large boxes of my medical records and see the info on my docket number, and what they have written for the case, the judge, the BVA, etc..
I lived it, so when they write it loos so twisted and facts are often wrong, and look twisted to benefit them.... they also leave things out, gloss over, or make it look like am a bad guy...
there are a few instances where the judge did help me. I think, I really can't tell until all is done.
It rips my apart mentally makes me want to just fold up... It to much,,,, too, too much... it really hurts me to see an organization write whatever they want knowing that no one can change it, only they can. So, anything wrong, anything that should be change for the sake of decency, honesty, or benefits of the doubt is left as is never to be corrected. It is like they consider us all liars…. but what really hurts us al is the way they have went from treating vets in wars that came before us, they look at us like we are less honorable and lie more.. and so they will make sure we get screwed, just because they can......if I am getting screwed, it has to be everyone..... it just can't be me? Hell, I never reported every injury, yet the ones I did report and have medical documents are still discarded and treated like the doctors lied too...
again, maybe my words will not be needed, maybe I will be vindicated... but I can honestly say given what I have been through, I could not have done much better in my fight... there were times I should have been going to see some BSO filing documents, but there were time I tried and was turned away... because they didn't have time or they just sucked, or they were no longer there and I was handed off like garbage into the trash.. lots of time lawyers saw my case and either told me they didn't want a case that took more than 1 or 2 years max... or they just would not talk... could not find doctors for IMO's no matter how much I tried.. and I was trying all while being extremely sick, in a wheel chair or fighting for my life.. The doctors for the IMO's were arrogant expensive and refused to follow the directing I needed for format. They were charging $2,0o0 dollars up front and $600.00 an inch, where I have many feet of documents.
I read my BVA docket and remands and it breaks me heart. I lived through all of the hell, and the words do not convey it. Just pages of labs, doctors notes, progress reports... and like I said the BVA Judge, the VA, RO, VARO< well they do not read the documents, so what good did it do to sign the releases. I even sent some back as new, they didn't read them, so they qualify as new. At least that is my take on evidence. Evidence like I am on trial for being sick and injured.
MY father got out of the Navy at the end of Korea, never went to a doctor, 3o year later, he filed, they talked to one doctor and they gave him benefits, I spent my whole life trying to get help from doctors and they just screw me. That gives me the impression that older vets got more help and respect, newer vets the shaft. I could be wrong.
I read my case was finally put on a faster tract, Well, the last filings are 10 years old,, that is faster? (supposedly they put my case on the faster BVA tract, sped up because of my circumstances of have deadly diseases.) I don't know, seems like it's on the slow boat. The surgeons honestly led me to believe that patched me up and I only had a few shorts years left. But I made it 2x longer.. I don't know why. But I can only lay around too sick to enjoy life. But I try a little. Food and drink and exercise al make me sick,,, doesn't leave much.
Sir, you are not worthless as the VA tries to make you feel. Reading our case files is a nightmare sometimes. We have gone through so much and we believe we cannot wait another day. It is a hopeless feeling knowing that some judge sequestered in a federal building has complete control of our lives.
There is good news though. That is that you have worth and a reason to be. You have to find this in yourself and it is not easy. If you do not, even winning your case will not make you feel better. I have experienced this myself. Please find some little joy in life and know you have worth.
I get so confused about the interaction and when the BVA sends remands back and forth... for a while, after I have my BVA hearing with the judge (my memory fading but I think it was 4 years ago..)..., he kept sending remands back to the VARO. I told the judge the VARO never read my documents.. so I sent the BVA some copies of summaries that were in the boxes of documents that VA already had for many years, but I would bet my life they were never read. I also resent the dental surgery documents (the judge told me I should, but also told him they refused me plea for help when t he intestinal disease destroyed my teeth 20 years ago, the surgeons wrote in the dental report that they were destroyed by the intestinal disease ). so anyways, sent the BVA those copies ( early last year) and this is the first year I never got an SSOC back from the VARO. Like I said, I only resent documents that they va never read, it was only way I could think of making them read them...By April of every year for the last few years I either had a C&P, an SSOC, denial, or other, this year (April in five days) and nothing has been sent to me, from BVA or the VARO, which means something is changed and I haven't been sent anything and no SSOC, which means to me, no denial.
When I looked at the Gov website,, I only see about remands in the past.... they always look like they are years behind in whatever they put on that website for our case.
Apparently, I could get a letter from the BVA ? Or a letter from VARO, or both, or none? it could be today, tomorrow or ten years....
If only they had one set of rules we could understand...
Well at least I didn't get one of those SSOC's, which I suppose is good news,,, but the best news would be, that this two decade long nightmare would be over.... and I get what they stole...
btw, I thought they would speed up your case if you have a deadly disease,,, wasn't so with me... (I asked them for in a letter)
Necrotizing Pancreatitis, Budd Chiari Syndrome (liver disease), Splenic Vein Thrombosis and more.
looks like my appeals went to the BVA judge, for the last time. after two remands that took two years... I sent in a bunch of new documents in to the judge (through my P.O.A.), I did not trust the R.O. to read them, or care about them. I feel better with the BVA judge than the whole R.O. that screwed it all up since day one. The BVA judge get's it back in his hands in April 2018.
Necrotizing pancreatitis, Portal and Splenic vein thrombosis. neurological disorders, uncontrollable movements. Spent 6 months in a VA hospital bed 2008, year in a wheel chair, learned to walk and eat again after 6 months on feeding tube. Latest 2017, Now add Epstein-Barr virus, more tests show it too, as I knew my immune system is bad. and am too sick often to do much at all.... still have to go to the liver clinic later this month, need a liver biopsy. Spleen is enlarged too.
I am still awaiting for the BVA to make decisions,, my claims have already been returned from remand to the BVA. Awaiting...... my BVA hearing was March 2016.
I have a bunch of C&P Exams to go to, for the remand. What pisses me off is that not only have I been under their care for 20 years, I lived as an inpatient for 6 months in the VA hospital... you would think that living there a long time would be enough! My C&P exams start this week and next week.
I went to 3 C&P exams, and they were finished.. I know a couple should have been favorable, at least I thought so...
Now they called me back and told me I have to redo one of those, they said that doctor is no longer there! I think they are trying to stop me from having a favorable exam! Has anyone had to go back and re-do an exam?
here is a link to a copy of the SOC they just sent me, I am trying to figure out how to send private messages here.. https://www.dropbox.com/s/srtkk0tu7oqfvx2/VA_Form9_Use_This_edit_scan0003.pdf?dl=0
waiting for my DRO hearing decision, on at least 3 out of 6 issues... I think at least 3 were no dendied at the dro hearing, the other three maybe going to BVA.. but need verification some frakkin day whent he VA DRO actually gives a decison ont he three that never got an SOC... one year ago was that hearing..
waiting for my DRO hearing decision, on at least 3 out of 6 issues... I think at least 3 were no dendied at the dro hearing, the other three maybe going to BVA.. but need verification some frakkin day whent he VA DRO actually gives a decison ont he three that never got an SOC... one year ago was that hearing..