Jump to content

retiredat44

Senior Chief Petty Officer
  • Content Count

    1,195
  • Joined

  • Last visited

  • Days Won

    7
  • Donations

    $0.00 

Posts posted by retiredat44

  1. On 3/28/2021 at 6:57 AM, Berta said:

    I am not going to put the name in public.  I am sure he would not appreciate it. Yes, he said he would not help file the cue and date change, and nothing I can do about that. I wish had a better reason, but I cannot get a better answer. 

    i really don't want to ruin it, and also do not want the pressure of a fight on me in my current state. I would probably have a stroke from the b.s. they put me through... A doctor said I am currenty at high risk, so it is just not my imagination I can feel it. I knew the blood wasn't pumping correctly....

    Here are all of your posts I could find:

    https://community.hadit.com/search/?q=retiredat44&quick=1

    Your VSO had suggested that you file for TDIU to get the 60 % SC higher so that a 100% P & T would garner your family more benfits

    You have 100% SC under 1151- I do not know if it really is P & T as you first had told us-

    100% 1151 plus the 60% SC gave you correctly ,SMC.

    You said" . My paid rep said he would no longer help file for me. I am on my own. I could no longer get any reason why he wil not file. "

    What do you mean by a "paid rep" ( the Main vet orgs DAV, AL, VFW, VVA, etc) are not paid by any claimant.

    Maybe your paid rep came to hadit to read my last response to you,in late 2020 or early 2021 here.

    I hope someone can find it and opine on it.

     

     

     

     

  2. I know it has been a long while. I just wanted to make this part clear. My paid rep said he would no longer help file for me. I am on my own. I could no longer get any reason why he wil not file. if I file I am on my own. I have the papers. I filed in 2009 for the Necrotizing Pancreatitis. I have the papers. They said the VA said they would only go back to 2012. I am afraid they might find a way to screw me over if I filed. I am also afraid the pressure of the fight my give me a stroke. Yes, I know it sounds nuts, but I really feel sick and every little bit of aggravation hurts. Bad. Now I have to worry that if I die before 10 years is up on my rating, my family will not get the benefits. I have to live until at least June 12, 2022 to make it 10 years. I know I sound paranoid, but often I feel really sick. Besides just sick every day. The VA really knows how to torture the sick. ANWAYS, THANX FOR THE ADVICE. sORRY I do not stick around and I disappear for long stretches. I am spending more time just surviving.

    Now I was approved for community care, first appointment coming up next week. The VA stil says I casnnot get an primary doctor close to me, and they offered community care and I accepted. It is a local hsoptial 100 miles closer to my home. Also, since this pandemic, they stopepd doing al my tests and care I was receiving and was told I needed every year. I hope they help me, as I get worse, with mor echest pains, and legs pains, I often have to sleep with my leggs on the floor and my body in bed, 1/2 and 1/2. The pain is too much and horrible very often. My primary care doctor at the VA retired, and they tried to give me to a doctor who was very bad. The local hospital treats me good. I hope they don't scre me around. Pain meds, etc.

  3. *** Please, those that may understand CUE's, the VA, the VA legal system, etc..etc..., and anything to do with effective dates, and I understand the info I may receive is opinions, not legal advice..... (myself recognizing that my asking what other people think about submitting a CUE, and opinions on what I am drafting, which I may or may not use, submit,, is very undecided, as I am a little worried I could make problems that could be irreversible, due to my lack of legal knowledge.)

    If I took part of this CUE info, and changed a few items as as a template for my use...

    I come up with something like this, very rough draft...

     

    Thank you all... I appreciate your insights! 

    ================

    Veteran:
    ######## ########
    ###-##-####

    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, San Diego, California.
    Because of extreme serious health issues, Veteran (Myself was unable to file) until 2009 for the necrotizing Pancreatitis and other related issues because of serious health and mobility issues. 
    Also, the 1151 claim followed in 2012, after some legal counsel explaining my options during claims and appeals.

    I, #######, therefore, submit and ask a CUE on the effective date be changed according to the  following Veterans Laws:

    https://law.onecle.com/uscode/38/5110.html
    38 USC 5110 - Effective Dates of Awards
     
    (a) Unless specifically provided otherwise in this chapter, the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.

    (b)(1) The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran's discharge or release if application therefor is received within one year from such date of discharge or release.

    (2)(A) The effective date of an award of disability compensation to a veteran who submits an application therefor that sets forth an original claim that is fully-developed (as determined by the Secretary) as of the date of submittal shall be fixed in accordance with the facts found, but shall not be earlier than the date that is one year before the date of receipt of the application.

    (B) For purposes of this paragraph, an original claim is an initial claim filed by a veteran for disability compensation.

    (C) This paragraph shall take effect on the date that is one year after the date of the enactment of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 and shall not apply with respect to claims filed after the date that is three years after the date of the enactment of such Act.

    (3) The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.

    (4)(A) The effective date of an award of disability pension to a veteran described in subparagraph (B) of this paragraph shall be the date of application or the date on which the veteran became permanently and totally disabled, if the veteran applies for a retroactive award within one year from such date, whichever is to the advantage of the veteran.

    (B) A veteran referred to in subparagraph (A) of this paragraph is a veteran who is permanently and totally disabled and who is prevented by a disability from applying for disability pension for a period of at least 30 days beginning on the date on which the veteran became permanently and totally disabled.

    (c) The effective date of an award of disability compensation by reason of section 1151 of this title shall be the date such injury or aggravation was suffered if an application therefor is received within one year from such date.

    Included are the copies of submitted Documents and received (by the VARO, BVA, and all parties).

    Dates of related documents regarding medical evidence, issues, dates, places.
    Copies of claims, appeals, showing dates of filings and received by, and dated.

    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 : 38 USC 5110 - Effective Dates of Awards.

    =============
    Department of Veterans Affairs Original Agency of Jurisdiction

    *** Regional Office

    TBD*******

    ===============
    REQUEST FOR VA TO CUE ITSELF REGARDING PART OF THEIR 2019/2020 DECISIONs.

    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 this statement on page ## of the December 2019 decision :

    “ Entitlement to accrued benefits or 1151 incident under 38 USC 1151 is granted with an evaluation of 100 percent effective from: ***Date. Exhibit A (attached decisions, dates, and documents with the dates of actions by the VA Medical Staff. ***wording to be determined before final draft.)

    That the effective date used was wrong based on all evidence in VA's possession at the time of the BVA award.

    The veteran, ###### ######## was totally and permanently disabled by this March 2008 Section 1151 _________ **** not yet sure of the wording to use, if any.

    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 , December 2019, to my detriment as the claimant.

    CUE regulations are found within 38 USC, #####.

    ==========================


     

     

  4. update,,, while at the va, had to take a pee test, I no longer have a va doctor, my va doctor retired, the clinic made me take a pee test,, anyways, while there at that va clinic, they signed me up for my vaccine shots,,, so, in the coming weeks I will get two shots... even though I will not turn 65 until April of this year, the nurse gave me the appointments for the shots this month. it will help my anxieties. I am scared of the hell I will go through if I get sick from the covid. A friend I grew up with, his wife got covid a while back and was so sick they put her in an induced coma for a couple weeks or more.

  5. 23 hours ago, kanewnut said:

    I just got TDIU P&T at the beginning of November. I got the deposit and looked on eBenefits. In the letters section I could print off the various letters. If you have already gotten a deposit for your P&T I would think you should be able to go to eBenefits and print off the letter. I just took mine this week to the tax office for my house.    

    I can print letters, no problem, but they do not say p&t...... I am trying to figure out where they say it, or if they say no further exams... etc.... but like I said, they are still not closed,,, someone is still working on things and so things are still open.  I don't understand what those things are.... back fill? that is one of them there are a few more...

  6. I am starting to work on the benefits and when I send forms to people, they say they need one that says I have P&T. Then I go to the va account pages, ebenefits and vahealth websites with my account, they are all buggered and say they are in the process of completing my claims files, and not finished with ratings. I could swear I saw they had finished then I see that they are not finished. Plus, with the virus, they closed everything and non of the va employees have access to the va computers and are working from home. The whole thing is a huge mess! I guess I have to wait for another envelope from the va,, an award letter? I guess the ratings letter is just not finished. I guess They are confusing me. I wish they could just send us a letter telling us they are finished, not finished, or if I am to expect another letter.

    I guess everyone that has VA benefits and is in the middle or end of something is being screwed around while the va blames the virus for them not being forthright with information. What a mess. I thought I was fished and could rest. I was trying to get the benefits letter and forms to my daughter and wife so they can get their business done. Now, I am stuck until This is cleared up.

    And everyone who comes to these forums is probably have to deal with the va offices closing and info not complete. veterans can only call their offices, and leave messages and business is left unfinished, until they decide they can work again.

    I was hoping I could figure it out and print the form that shows P&T, but apparently it is not completed yet, not updated by the va, as they are not working in their offices because of the virus. Maybe we will have the vaccines ready soon and then they can go back to work.

    Is there another letter coming, a new awards letter coming? Another rating letter with updates? Is it just me, or does this happen more often? Is 100% good enough for the benefits? or do they have to say P&T? I am going to stop pestering everyone and wait. I guess I expected it to be all finished when they sent me the latest rating letter. I guess I was wrong, and started trying to work on the benefits before they had really finished.

    Me so confused.

    Oh well, I hope all of your get some quality time away from all the va stuff and  do what you want for Thanksgiving. I just want and need peace and quiet. My daughter is coming up to see us on Xmas. So, just going to be quiet here.

  7. now I can't find any of my letters that says permanent and total. I know I saw it before, but they also say they are not finished and and backfilling, etc... it never ends... **sigh** I looks al over my accounts in ebenefits and my myhealthVet both, and they say they are working on more evidence to finish the claims,,,, other ones said they were finished..  The letters to download

    11-19-2020_VA_Benefits_PandT_not there_Snap1.jpg

  8. Hi,

     

    Regarding education benefits retroactive for my child. (retroactive 100% P&T after she had filled out all the VA education benefits forms with the va during her schooling before my appeal awards for 100% P&T).

     I am trying to figure out how to state my problem and not mess it up in explanation. Those that have had experience with this and navigated successfully I hope can figure it out.

     

    I was only at 50% VA disability (I was filing disagreements and permanently disabled, with SSDI, but not the 100% benefits for dependents) while my daughter went to school, she was born 1992. She graduated high school 2010. Went to community college, filled out financial aide with the VA and the school. Ten she transferred to a University and received a Bachelors degree 2014 (she also filled out the VA education forms and financial aide at the College). She then transferred to a University and received a Masters Degree June 2020 (she filled out the VA education papers and the financial aide documents there too). She has huge student loans (through student financial aide programs with student loan lenders.

    Finally in 2019 I won a rating increase to 90% by BVA the award). Then my rating increase to 100% P&T in 2020 effective July 2012.

    So, she filled out the VA education benefits during all of her college courses , though I was only at 50% while she went to school, so the VA didn't pay (no help with the education benefits).

    But, I won the 100% P&T retroactive going back to 2012. How does she get the VA retroactive education benefits for her college and University degrees? She filled out everything on time, submitted to my VA files through the VA, and the financial aide offices at the schools. She finished schooling (completed her MBA programs) after going to college and universities from the ages 18 to 28.

     

    I can't get any help because of our Virus situation out governor has the place on lockdown and can't get any help, answers, etc. here in Oregon (Salem VA offices only have a recording, they say they will return call but never do.). Can't even get them to answer calls, or a decent answer.

    Is there a special form to have retroactively get the benefits paid get done? Does the VA look at my files and go back to do something?

    I found some forms, but they are not retroactive they are for future or present students.

    I hope I explained this and there has to be many veterans who have gone through this before.

     

    Thank you very much,, we really appreciate the help !

     

     

     

  9. Berta, I think of you and those that got hurt so bad by the VA, but there are no words... In a big way you have stuck it to them with helping so many thousands of vets and families who would have otherwise been screwed over more than they already have. I find the phrase 'Administrative Trickery' to maybe the best phrase for all vets. Unfortunately, many of the people at the VA seem to have any shame for the hell they cause on top of the disease and injuries. Anyways, your answers are always detailed, and provide lots of wisdom, if only my brain fog could let up so I could use the wisdom more effectively.

  10. Forgive me If I should move this to the CUE section.

    Regarding a CUE for the date, I filed a claim for intestinal disease in 1997 was denied. Then the botched surgery on the pancreas 2008. I was to sick and then I could not get an appointment when I was able to go out into the world again, in 2009 I filed again, this time it was for the pancreas disease from the 2008 surgery. it was denied. In 2012, I gave up asking for a vso to write the 1151, after I learned about it, and wrote my own 1151 claim. It was denied. Then 2019, I got an IMO from the same clinic that worked on me in the hospital for 6 months. But they only gave me a few years backpay, and I was only at 90%. I hired John and in a few weeks I was awarded 100% P&T. They only went back to 2012. They never took in account my claim for pancreas disease (different but the same as the intestinal disease claim in 1997.) (when I was sick from chemicals, I was also hospitalized for gastroenteritis, plus other things on active duty 1980, and sick on and off through 1982). Then very sick from 1989 and on (Kaiser hospital worked on me from 1988-1995). Va took over 1997.

    So, I am working my documents, and the CUE, and everyone who knows anything about how this works you are welcome to chime in. I claimed intestinal disease, then (never working again too sick from 1995) 2008 the botched pancreatic surgery because of a large cyst. I learn to walk again and am able to go  outside 2009, looked for a vso and kept getting told no, no appointments,, blah blah, so anyways, 2009, I put in another claim for pancreatic disease, with info added about my 2008 pancreas surgery. Denied. (shock, NOT). 2012, I file my own 1151. Denied. skip ahead to award and Effective dates (December 2019), they go with 2012, not 2009, which would have included 2008 - IMH-Opinion. Then the RO increase from rating review 90 to 100 (Thanx to John).

    Opinion: do I have the documentation needed to move the effective date back from 2012 to 2008 ?

     

    Thank you, in advance!

  11. Berta, Regarding the 297 cases in three years of necrotizing pancreatitis, for your search info. The doctor, who is now a fugitive who was my GI doctor, told me that only working conditions or alcohol could cause the initial disease, before they cut they wrong tube. But, I was so very sick I didn't have the foresight to get him to write that in a letter. When I did reach out to him for a letter, that is when I got the shocking news he was a fugitive, then that VA GI clinic wrote my IMO. Hence the 1151 win. I can speculate, on a couple things, and I say speculate, I don't want anyone to say something is true based on my words. I am using the words of a doctor who took care of me while I was an inpatient for a failed surgery for pancreatic disease. I have no record of me drinking alcohol in my service records, if I did I am sure the va would have said I caused it by drinking. But we al know that in industry and the services, vast quantities of cancer causing chemicals are used by servicemen and women, and maybe now they wear gloves for more safety, but the chemicals for fuels and cleaning, and other chemicals must have a big part of people getting diseases. Of course the va will fight people to their death and call them drug seekers before they settle any claims. 297 poor sob's in three years who are suffering horribly. I hope a few cans hare how and why.  Not enough people to chat with when the diseases are so rare. Info from those afflicted would be of great value for the rest of us. My brain fog is getting worse and i am trying to get the last few items done, like family benefits before I am worthless. Tried calling the va local office to see if I can get an appointment with my wife to go and chat with them about benefits. Our Governor (Oregon) has everything screwed up badly in Oregon, we can't even go tot he offices without an appointment, and they don't answer the phone, you leave a message with the va offices here. They are tpo busy allowing riots and legalizing every drug.

  12. 1 hour ago, Berta said:

    I believe this is your BVA case:

    https://www.va.gov/vetapp19/files12/19194307.txt

    I was shocked to see ( I only searched 2018,2019,2020)  that 297 cases regarding necrotizing pancreatitis at the BVA.popped up in just 3 years.

    You said :

    I am a little confused on why they chose 2012, when I filed for the pancreas in 2009, "

    Yeah that does not make sense at all to me, but I recall there was some hold back on the actual filing of the 1151 claim I wrote-from a vet rep or VSO  who didnt understand it ....will check my files-some of my files o back to 2008 regarding the claim...

    Somewhere here at hadit  is the SOC they denied on- that would reveal the actual date they got the Necrotizing pancreatitis  claim.

    I think this is why the 2012 date ????-the claim was "re-opened" I think ......from this thread-above 

    I hope others will read this link below  to see if maybe they used the re-open date.

    Sorry for doubles,I am in heavy fog with limited access.

    If that is the case perhaps you could file a valid CUE on the initial necrotizing pancreatitis claim denial.

     

    https://community.hadit.com/topic/69117-bva-sent-remand-back-to-regional-va-they-failed-to-follow-the-judges-directions/

     

    yes, I thought the date is wrong as why 2012? My rep, said he thought it was better I didn't poke the bear... but the date is wrong, And I do see on the VA benefit form it is total and permanent. So, fine (My eyes keep glossing over this va stuff), but I don't understand the 2012 at all. I will try to bring it up with John who is my rep. I did try before he pulled the legal string to get this thing over the finish line. Unless someone else can explain doing a cue. I think even though I won, John is still my hired gun. As we still have a contract. So, I am not going to try anything on my own I don't understand. I would think if there were a large cash reward for winning more $$ he would do it.

     

    My other large task is trying to figure out how to get my daughters tuition to get retroactively paid, Bachelors and two masters while these years were going by. We did the paperwork every time she started started school at a college or university. Do they go back and retroactively pay, or do have to chase down the va offices that have the records and applications ? I know there are 1-800 numbers to call. My wife and I have to start calling and asking I guess. And say, we did al the paperwork over the years but were not entitled until now because of retroactive decisions. Maybe someone who did this retroactively can fill me in on who does what. In other words when My daughter applied to the schools over al those years, she went to financial aid and filled out the financial aid and filled the the disabled veteran parts, but at the time I was only 50%. Now that can retroactively be put at 100%. But, is it automatically, or do I have to explain this to everyone everywhere?

     

    My post office is closed on weekends, so I have no clue if I have any mail from the va. Maybe they will have something in there about all this stuff? Or maybe i have to go to the local va office here and chat with them. Then this stupid virus thing has everyone all screwed up. I wish I could just take the win and rest, but everything is left in a mess because of the retroactive stuff. My wife and daughter rely on me for answers and I don't have many answers. When i do a search online I try to state the exact phrase of words for answers, but can't find what i need. Type in the search bar, retroactive education benefits for dependents and nothing I need comes up. Search on the va ebenefits, and nothing that helps comes up. Just says the usual, blah blah, and if you have questions call 1-800 good luck.

  13. I guess some of it isn't in the letters, but in my account on ebenefits va stuff,, it said more. Anyways, thank you all. I have to figure out how to get my daughters education payment stuff figured out, not sure if they will fix it, retroactively or we have to go through more red-tape, as they were given updates every time she applied for a school and got a degree.  Unless they will get a computer flag saying it needs to be done. Which I doubt.

  14. I may have mistated the P&T. I am a little confused on why they chose 2012, when I filed for the pancreas in 2009, as I couldn't walk or do anything in 2008 when I was completely disabled and in a hospital bed 6 months.. The letter I downloaded says combined 100% with both service and non-service disabilities, but my paid gun said I would be getting p&T no more exams. Plus I got special compensation.

    11-15-20_VA_Benefits_letter_blocked_Snap1.jpg

  15. Short note: It looks like I won, was told it is %100 P&T with special compensation added. I don't have the official letter yet, but I received my more retro deposited, and my hired gun says that what I got. I need to find out about the education payments retro for my daughter who got two MB's, and owes a lot $$$$$$. We always kept those forms filled out while she went to schools, so not sure when and how they will pay those, or the amount that the va pays for the disabled vets children's education. So, while I have many of the signs it is a done deal, I need to see it in stone. My hired gun said he got the rest finished doing things that my free va rep didn't do and and nothing but sit there. My hired gun got it done in 2 months of less. The va left me at 90%, I knew i had the evidence. whatever he did, he said the va didn't realize how sick I was. Even though I had already invest 3 decades and went through the bva, and was fast approaching deadlines. Even though I won, there is a bit of hollowness in the fact I am too sick to enjoy life, other than take narcotics and try to rest. The va made sure any better years were pissed away. But, I did win, I know I would, should, could. But, I was at the point I had just about exhausted what I knew and the time I had left, and needed an expert to move immediately. I Have a home. I have some family that can care for me, I have a few friends who care and help, I live in a peaceful place. The fight is over, I hope and al of the boxes of medical documents can be either sealed, burned, or?

     

    Hadit will always hold a place in my heart for getting me through this. All of those vets and others who have been here or will be here. Here are more stories and documents for your fights.

    If you can get a good representative get one, if they say no, or put you on long waiting lists, it depends on your health, your ability to survive, your ability to fight, and resources you can talk to.  I would not trust any organization that doesn't have time for you, had folders up the ceiling, and has people in a job  and way over their heads in the job representing disabled veterans for claims. If you need to file yourself, preserve dates. You can always find a rep after you file. if they say no, and you feel they are wrong, file it yourself. Always get everything in righting and officially received and secured copies of documents so you never lose them. Don't be afraid to fire your rep. Try to get meetings in person. C&P exams, the letters you receive for the appointment say the doctors doesn't need more documents,, b.s... if you have to put more than you need in the car, and if you need to bring them into the c&p. Bring someone with you that cares.

    If you can't work, then don't. I know you can't live without money, but the SS and the VA see a person working and think you can work. (convaluted, yes).

    If you ask a doctor for a letter, you can't assume they have a clue what format. They can word stuff badly and ruin a good letter with two wrong words. Guide them, take an example letter to show them what you need.

     

    IMO's are extremely important, but the VA will try to one up your letter with their hired guns, so, your guns have to be bigger, better, etc. More knowledgeable , more authority.

    But, they IMO writing doctors are very greedy. IMO.

    It comes down to have a person represent you who knows how. If they don't then time and money is pissed away.

    Used to be you can go on someone's reputation, but at one point over the years, even the best reps were mired down in to many claims and could no longer represent everyone equally.

    It takes o long to get claims through the people move and retired so your care and claim gets shuffled and passed on to reps that do not know your case and start from scratch every couple of years. Your medical condition changes and then they want to know what it is now, not when you were dying. Yes, that's rude, but that's how the va see's it, is the vet better now? The same, ever going to be better? One and on.. that's it for now. I started my claims in the 1990's, I left with injuries from the USAF 1982, and getting very sick many times form chemicals. After a few years, I was getting very sick again. I lost the ability to work by the early 1990's I was in deep trouble with very bad health. I had a job that let me work sick even though I suffered greatly. By the early 1990's I was no longer able to work and spent more tan half the day sick in bed. Their tests were the wrong test, inadequate and was told I was mentally ill and a drug seeker. That's who I was treated. They finally found I have large cysts on my pancreas and swelling, very bad diarrhea for decades. Severe weight loss, severe pain. The list goes on and on. Then came the negligence when they cut the wrong tube in surgey on my pancreas I later won the 1151 for that (6 months fighting for my life in a va hospital tube fed.) Doctors told me I didn't have long to live,, though I am still here.

    01-01-11_My_Medical_Records.jpg

  16. I kept getting told no, they will not help me with tdiu, said I didn't qualify, this went on 20 years.. I filed 10 years ago, and they denied me, and still deny me, now they want a history of my last employer. That was in 1995. They no longer have that office, and I was a temp for that agency, because I was to sick for a regular job. The temp agency no longer uses offices and is mostly online, and so my POA just said write a statement that I was working for a temp agency that no longer has that office and is online, and that the company I did the work for was not my employer. The VA just kept demanding I give them info that is impossible. There is no office for that agency, and it was all the way back in 1995. This is not a question, just an example how they mess with people until you go insane.... they will pull every dirty trick they can at the va...  One more thing,,, My POA asked I get a doctor's note. Even though I have solid disabled past for three decades. My Doctor wrote that 'it is obvious I '(my name ) am unemployable', and 'the va will not give veterans TDIU unless they cannot walk, talk, and breathe', or something to that effect for me to give back to the VA. He is runs the va clinic I go to.

    • Sad 1
  17.  

     

    • who else had c&p doctor say a surgery was procedure not surgery. The c&p doctor argued and said that a Procedure is Not Surgery.

      Surgery for Pancreatic Cysts | Memorial Sloan Kettering ...

      Named after a surgeon who worked at MSK in the 1940s, the Whipple Procedure (also known as pancreatoduodenectomy) is used to remove cysts in the head of the pancreas. In this approach, surgeons remove not only the head of the pancreas but also part of the small intestine, the lower half of the bile duct, the surrounding lymph nodes, the gallbladder, and sometimes part of the stomach.

      a link, many links say:

       

      ==================

       

      This c&p was about my pancreas surgery that ended up being a 6 month month hospital stay ending with necrotizing pancreatitis and liver disease. They went with endoscope and cut the wrong thing. It took over a decade and the BVA and 1151 claim to fight these crooks. He insisted there was no surgery for his report. I call it another page of dirty tricks used by VA C&P ! IMHO

      I know this has been hashed over and while already adjudicated, well not quite done yet (still might have to file appeal, but my VA rep still tells me I have to wait until they get done denying me. I have until December 2020 to file a disagreement of their lowball 1151 percentage), but I have to live with it and constantly suffering thinking about all the B.S. the VA put me through for 20 years of the denied claims !

       

      Yes

      ACCORDING TO 3 SOURCES
       
       
       
       
      Pancreatic Cyst Gastronomy Pancreatic cyst gastronomy is a drainage procedure that an advanced endoscopist or surgeon may use if a pancreatic pseudocyst—a fluid-filled sac—develops in the abdomen and causes symptoms such as pain, the sensation of a full stomach, or vomiting.
      The Whipple Procedure (also known as a pancreatoduodenectomy) is used to remove cysts in the head of the pancreas. Surgeons remove the head of the pancreas; the duodenum, part of the small intestine; the lower half of the bile duct; the surrounding lymph nodes; the gallbladder, and, in some cases, the pylorus, part of the stomach.

      Surgical Oncology Program - Pancreatic Cysts

      surgicaloncology.surgery.ucsf.edu
      Surgery is often a good option for treating a pancreatic cyst. Young, healthy patients may prefer this option to draining, as it is often the most effective approach. It is also usually the preferred method if a biopsy indicates the cyst may become cancerous.
       
  18. So, I am at 90%, have no gotten a final rating, after years of the BVA wait... asked for TDIU, many years ago (their excuse was I was below 70%), then again filled out forms 2014. Filled them out again a few weeks ago. My POA said don't do anything until after they make a decision and if I have to file disagreement to go from 90 to 100% with BVA, if they refuse to move it up for the final rating. I filled out the forms. I have not worked since 1995. Could not fill in employer because they no longer exist. VA sends me a letter asking me for the employers. POA says the VA was really messed up bad with this virus thing and POA's working form home, so they are extremely slow and behind.

    I just thought once more it shows the loony things the VA does.. asking again for a work record, with names and addresses from 30 years ago... and even so, I am not even in the same state from back then.

    btw, there are exceptions to that more than 70% rule and many others, it is a guideline. I was totally disabled by 1990. But they jerked me around until later. And still doing it.

    I know that many of you guys are in areas where that damned illness is hitting harder than where I am.... I am in a very small town away from the cities,,  but still think of the ones affected by this crazy world, virus and all.

  19. On 3/17/2020 at 4:29 AM, SPO said:

    I have been recently diagnosed with IBS.  They have already verified through colonoscopy, blood-work, and stool sample that my issues are not cause by anything such as chron's or ulcerative colotis, so it is a functional condition with no definite explanation as to what started it.  I did deploy to Iraq 3 times from 2005-2007, for a total of about 22 months.  I'm not 100% if I can file this as a presumptive claim since I've been out for 11 years and the issues.  How would I go about submitting as presumptive?  As usual, everyone's help is greatly appreciated.

    Similar to mine, I had gastroenteritis, and hospitalized, and also other problems, sick from chemicals, a few times, all in my records, but they to this day refuse to link the gastroenteritis to anything including my ibs, and pancreas disease.. even though it is all documented by doctors. They will most likely fight you and you have to try to get IMO's, as they fight you.... and it is a really hard thing to get acknowledged, they fight you like they are getting a million dollars for every person they deny.  I haven

    ' read anything else yet on your battles with the va.... I can say, through my experience, no one with the va will help you. At least in any significant way. YOu will have to take them on and unless you already see a win, start the long fight, and start looking for doctors who can back your story. Good luck!  It will be a full time job.

    • Like 1
  20. I have more than pancreatic and liver diease, I have glucome and cataracts. The VA optometry cancelled my eye appointments with all these virus problems going on in the USA. The letter said if I have to reschedule. I have to see an eye doctor every three months because the damage was increasing for a while. Now what? is the VA cancelling ever vets appointment at the clinics? Are we screwed?

×
×
  • Create New...

Important Information

{terms] and Guidelines