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retiredat44
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Posts posted by retiredat44
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I misspelled 100%, when hospitalized they were suppose to pay 100% rating, but since I was still denied they didn't pay me full 100% so I don't know if they will retroactively..
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also since I was hospitalized not only several times on active duty but many years after for pancreas disease, and even though I was in the VA Hospital 6 months, they are suppose to pay $100 while hospitalized, buts since they considered not service connected they refused to pay. So, that screwed up effective dates, but my original claim for disease and injures goes back 20 years. So, let's see what happens.
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On 6/1/2016 at 5:34 PM, ArNG11 said:
retireat44, heh, do you have your SMR's, in my civilian files the had the respirator fit tests, those also included the warnings about jet fuel. You are still going to need and IMO though there is no way around that. If you find a doc that is willing to explore this let me know I'd love to talk with him.
I'm waiting to see how the burn pits suit goes and really curious on the outcome. However, I don't see much in success unless I have a doctor say the magic words. Doesn't matter what studies and evidence you throw, that nexus is one of THE most important parts to substantiate your claim and keep it alive.
btw, I was soaked in chemicals daily, skin and clothing and records in my active duty records... they kept leaving out most chemicals in their decisions... I could never get a reason why they never included al chemicals I was soaked in. I wish had all incidents documented as there are more that just these... but you would think these would be enough... like I said in my forum postings, in the last few days, I see evidence of my possible win after my BVA hearing. I just don't have a paper in m y hand saying so. I have the records. My problem is the medical records were hand written back then, plus I have so many they don't read them, and it's impossible to read boxes of records, where they can get them on disc and do keyword searches, but they refused to read my records.
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It is possible I won my case, but I cannot say for sure until all the paperwork is done, and that might be a while. I have seen evidence of a possible win lately. But no absolute proof. Since I have a terminal disease, and can never work, It should be P&T< not sure what else I should get, I will find out when the day comes. My problem is once in a while I am sent back to the hospital when I get to sick to stay home. The surgeons told me I will be back, they just could not ell me how long I have. The average life expectancy with others with the same disease was 8 years. I am on year 8.
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I had an IMO a few years ago,,, and it was included in files and NOD's. I paid out of my pocket. I had a very bad time finding a toxicologist, and also had just learned to walk and eat again after living in the hospital 6 months as a quadriplegic. Also I had several feet of records that the toxicologist MD doctors wanted $800, pus $600 per 1/2 inch of papers.
So that was extremely difficult with an all out search. I found one. And got it 1 year after I was able to get out on my own again.
This last BVA judge asked if I had been hospitalized on active duty for intestinal disease, and the answer was yes, and it was already in my records with al illnesses and hospitalizations.
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Today , the VA called asking confirmation of my daughter's dependent status and her dates of education, for dependency and graduation. Good sign that that must be working on my claim and they only pay dependent college tuition for those and dependents of Veterans that are at 100% right? My daughter graduated with a 4 year degree and is continuing on for her Masters soon, she had to have 2 years work experience, for a requirement for her Masters degree, so she's working in publishing. Anyways, the VA wanted to make sure they have the right dates in my Claims files. That has to be a good sign! My wife and I are trying to be reserved. I only want a couple things, as my health will not allow me to not do much, I do want a walk in bathtub (I slip and fall all the time and stepping over things, and standing in wet showers is hard to do.), and some bathrooms need some work. My porch is getting bad, the home is 100 years old, so it needs work. But is still solid and nothing is broken. Would be great to pay some bills! It's way too late to have teeth put in my mouth. I lost mine (the enamel and teeth melted into shards of sharp pieces cutting through the flesh as I bled day and night with enamel falling out, as the intestinal juice covered my mouth in a foul smelling coat of bacteria.) a very long time ago, I cannot risk any surgeries any infection would be my last. I need apart time cleaning service to help clean the house. The pain of trying to clean around the house is intolerable. I really don't travel because it is horrible to go places and be sick on the way, while there, and on the way back. I have a few things I do inside the home for fun, so I could use a new Joystick for combat flight simulations on my computer. I always need others to help with the garden as I cannot do the hard work to work in the garden, like pulling weeds, etc. I don't party, I couldn't even if I wanted, with necrotizing pancreatitis, a drink is a death sentence.
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My issues were they only recognized my JP-4 exposure not the leaded gasoline, diesel, and Trichloroethylene.. all of which were brought to the attention of USAF doctors when I was active duty and in my records. (that was were I am angry because they ignore evidence and lie) and the command and doctors pulled me out of my jobs because of severe reactions to chemicals. Yet, the claim all refused comments and constantly excluded all but the jet fuel. The BVA judge knows about all of the chemicals and that I had a record of illness and hospitalization on active duty. So, he could see that the people who denied my claims ignored lots of evidence. ArNG11 , I hope You have the evidence,, it appears even with evidence they can deny it.
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Update:
06-01-16
Pending Decision Approval
(I don't know how long ago that was updated on eBenefits, I think I looked maybe less then a couple months ago).
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Last major update was BVA hearing March 2016
in person hearing
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I looked on forums to see what that means. I don't want to get my hopes up. I don't want to sound like a drama queen, but the pancreas disease is on the move up into my stomach.
I don't know if it was approved, denied, etc. I have a bunch of stuff on appeal, my VSO asked the BVA judge to combine them, the BVA hearing was actually for an 1151 claim, but had 5 outstanding issues. Some issues actually went to claims that I did not have additional evidence and so I did not appeal them in 1997. So, they had connections to those, but since they were not appealed, they cannot go back that far, I made now claims in 2009. The year before I spent 6 months in a VA hospital and was unable to eat or walk. The failed pancreas surgeries were the basis for my 1151 claim. Attached are other issues that worsen, neurological issues, mental health, skin, and other issues going back to active duty. BTW although my claims were because I got sick from chemicals, I was also hospitalized for Gastritis on active duty 30 years ago, then developed pancreas disease. I was hospitalized several times on active duty. Also suffered a concussion and had severe allergic reactions to chemicals. So, although I am currently rated at 60% for headaches and a bad knee, patella issues. I have inoperable necrotizing pancreatitis, after the failed surgeries. I was unable to claim compensation for the pancreas surgeries for 6 months as an inpatients because at that time they denied my intestinal claims in 1997. For 30 years the doctors sent me to mental health doctor telling me I was mentally ill and a drug seeker. In the hospital every day for 6 months the surgeons interrogated me asking how I got pancreas disease. I told the VA doctors I got sick on active duty from chemicals. Which are clearly in my active duty USAF records. Anyways, I hope Pending Decision Approval is good.! I hope,, I wish!
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Update:
06-01-16
Pending Decision Approval
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Last major update was BVA hearing March 2016
in person hearing
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I lived I a VA hospital 6 months with failed pancreas surgeries.. yet they take the word of a screwy C&P examiner over the 6 months of VA records as an inpatient. The doctors and nurses write every move you make, every word you utter. 6 months of those records fill up those huge paper boxes used for zerox paper. You would think the VA would read those records. Instead they send you to some doctor who is only there to make you look bad at a C&P exam. Instead of a neutral doctor the ones they use for the C&P act like you are a fraud. They see you for a few minutes ask questions like a bad interrogation, trying to trip you up with statements. Those answers that are undeniable proof are in the records from your service and the 20 years of medical records plus the 6 months as an inpatient.
IMHO
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I was near a bomb blast, but never went to the doctor even though it blew us down to the ground. That morning is was just across the street on the other side of a row of trees at the fuel storage area. I was with another guy I worked with there.
http://www.nytimes.com/1981/09/01/world/blast-hurts-20-at-us-base-in-germany.html
BLAST HURTS 20 AT U.S. BASE IN GERMANY
Special to the New York Times
Published: September 1, 1981
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I also did a lot of volunteer work and was in a small group who went through the building a few hours later to access damage.
I never seeked medical attention even though it knocked us down from the shock wave. If I knew then what I knew now I would have reported more injures on active duty.
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EDUCATED, EXPERIENCED OPINION ON CHOOSING REPRESENTATION FOR CLAIMS.
I have been through so much, for so many years on working through the claims process, approvals, denials, hospitalization, injuring, surgeries, VA hearings, appeals, and much more.
And have been through so many VSO's talked to lawyers, and much more. I suggest that those looking to file claims try to get the best representation possible. This is extremely hard to do for so many reasons. The Representatives at organizations like American Legion, DVA, and others are overwhelmed with so many claims in my personal opinion, just don't have the resources and time to do the best job, some maybe good other not so much. And they can come and go, over the years while your claims sit in the files for ages, and then whatever they write gets written in stone, and if there is any thing wrong, wrong wording, wrong description of your Veteran claim issues, lacking in any way, it is close to impossible to fix with updates, statements, etc. The volume is more then they can handle. This presents a horrible dilemma for the sick and injured Veteran. Lawyers often will not help you unless you pay a lot of money, because contingency means they will only help you if they are 110% sure they will win. I am not sure if there is a central place or thread that talks about this issue with problems of starting with the claims process and then as the time goes on, you find out you started out with a problem that is close to impossible to fix and rectify by the time it gets decision process in the VA claims system. I really do think that the process is so hard to navigate, and so overwhelmed by the huge number of claims, with not so many good representatives, and lawyers that are of no help unless you have the ability to pay big bucks. Then there are more issues like having to find doctors that write IMO's. If the beggining of the claims process had more focus on the begging part of the first parts of the process, many of the problems maybe alleviated in the begging of the process and avoid problems later that cannot be fixed when they get too far down the pipe. Any other Vets who look back and wish things had been done differently with your claims and how others can learn from what you learned in the process? I found even with recommendations on who is better at helping you may not help in your case, and the claims take so long that often the representative that starts your claim and represents you may not be the same later because years go by and people move around. And that is only one of the may big issues that can screw up a claim. IMHO
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On 3/10/2016 at 5:32 AM, Gastone said:
I have a VSO< and had no choice but to use them, even though they were clueless after I moved to another state, There was no American Legion rep here where I moved a few years ago, and had to change to an outfit out of the VA offices here. They were of no help at all until the last 2 months before the hearing. They didn't listen when I told them I had claims going back many years. They refused to file the 1151 I had to do that on my own. I got more help but it was to late because of some VA rule about the days before the BVA hearing you cannot change reps or something, I don't know, I am too sick to think straight. The pancreas disease is moving into my stomach, I am going through the motions of life too sick to help myself. I am trying. I wrote letters telling them I have inoperable pancreatic disease and already spent 6 months in a va hospital, I asked for s hardship, but never got a response. Now am awaiting the decision from the BVA.
I am to sick to keep writing. I was just giving an update, maybe it will help others in some way. I am going to rest, next time I write it will be about news....
On 3/10/2016 at 5:32 AM, Gastone said:=================
You've been jerking around with this for a long time, are you still using a VSO-Rep? WTF, Over?
Do me a favor, every couple lines, dbl space: makes the reading easier for Old Dogs.
I may have missed something, seems your getting Bxxxxed Slapped by the VA, and this has been going on since what, 2014. Your still relying on a VSO's representation? How's that been working out, SOC & SSOC's indicate, not to well.
I don't recall your saying anything about having a "Free Appeal Attorney Consult," did I miss that? If your only at 60% SC, plenty of RETRO on the table. A good VA Accredited Appeals Attorney would be salivating, if he believed your case had merit. Your not holding off on the Attorney because of the 20% of Retro Fee, right?
What DX's make up your 60% SC? Do any of these SC's actually, verify-ably make you IU? Did you have personal Earned Income of less than $12,400 over the past 12 calendar months? Maybe you've been IU for a long time, you'll be kicking yourself in the Axx, if that's the case.
Talk to a VA Appeals Attorney, you need Professional advice. Keep in mind, you could file for IU, even with an Appeal pending. You don't need your VSO, if you think you qualify, file for it on your E-Ben site.
Semper Fi
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No words good enough, only to say I used to ride, from a young age. I had to give it up with bad health ages ago. Dirt, Street, and was lucky enough to ride in Germany a while. My last love was snow skiing. I always was into swimming and body surfing until pancreatic disease destroyed my life.
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Thank you to all Vets who helped and put in a kind word.
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Update, well actually no update, but in short, had BVA hearing in March 2016, I don't expect any info for a few months...
I actually was hospitalized a few times on active duty, one for Gastritis, another time for Pneumonia. I was treated several times for toxic chemicals and severe headaches and swelling of my limbs, and also treated for a concussion. Worked with Chemicals. Doctors told my commands the chemicals caused me illness on active duty. 4.5 year active duty USAF.
I have necrotizing pancreatitis, and was constantly being told I was mentally ill and a drug seeker, while I had pancreatic disease, they refused to believe me.in the VA hospital for 6 months with 2 failed pancreas operations, fighting for my life as a quadriplegic.
Awaiting for the BVA to make a decision for all of the years the VA denied me, and my family.
currently at 60%. Stopped working in the 1990's and spent 20 years in bed sick.
6 months in VA hospital 1998. Pancreatic disease. necrotizing.
The illness is progressing into my stomach, and the surgeons told me, inoperable and it will progress, they could not tell me how long I have.
Every day is a hell of a fight.. morphine helps, but I take special meds that allow my intestines to absorb nutrients.
Hopefully I will hear something this summer?
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I started these claims with VA claim rep through the American Legion. I first tried to get a paid consult but had no success. In the 1990's I went through Purple Heart. This time it was American Legion rep.
The reps were totally overwhelmed and they started to backlog badly where I was, they had people moving in and out so appointments were taking 6 months just to talk, even if you had already signed and were in the middle of claims and appeals. It was hell, a huge nightmare because they were backed up with 10,000 or more claims for each clam rep's office. I had to transfer to an office more than 1 hour away because they were so understaffed. it was hell! I later moved to another state after 5 years intro my appeals. Then the new state had no American Legion, they closed their offices here. I had to change to the Appeals claims office in the Salem VA office, and get a new rep. That to was a disaster. it took two years of trying to explain to them I was a transfer. By the time they got done screwing me around I was burning through claims and appeals. I had already tried to contact some of the doctors and reps recommended on these boards, but could not get a response. I ended up writing my own 1151 because I was a couple weeks from missing a huge deadline. They finally got me a rep that would listen just a couple months before my BVA hearing. he had no background on me, because the person running the office was a total dirtbag who refused to listen at out first meeting. The rep that went with me helped a lot after I tried to give him some information, it is only that after 2 years of trying to get help, They only had a few short weeks to get info to help me. Not my fault I tied for 2 years to give them everything they needed, but they flat out refused, and treated me like I had never filed a claim before even though I started the claims process in 1995. I tried getting paid help, but it seemed like no one would listed, like the doctors they treated me like I was mentally ill. By the time anyone took me serious it was to late.
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I wanted to say the soc, and any ssoc's were not as informative to anyone reading these. I took my (boxes) of the 'Progress Notes' from the time as an inpatient and was able to find more evidence for my behalf. So, ordering copies of all of the progress notes was the best thing I could have done to boost the SOC statements, showing what they did step by step, while I was unaware on the operating table what they actually did, vs. the statements made in the SOC. The VA really complained to me about my ordering of the documents because it took Zerox boxes to put all of the printed in patient records into (6 months in patient records). A few years ago, I went and asked, 'requested' copies of my medical records and they were pissed at me because they had to work a long time to gather and printed hundred thousand pages. I never read them all, I am sure there is plenty more evidence to dig out. (It took a dolly on wheels to move the records into the federal building , through the metal detectors' , and my wife helped move the documents.) While it may not have been necessary to bring all of the records, all of the boxes of records made a good visual aide. plus if I needed anything, I had them with me. But, again, the VA has copies of my medical records I proved them to the VA many years ago. Just can't ever know if they read them.
The VA reps originally told me they would not help me with the 1151, I wrote that on my own! So, al I can say is maybe they are not allowed to say they won't help, by they will and can refuse. They did it to me. So, I had no clue how to write it, and got help from Berta, and so many others on these forums! Thank you! I am going to be sitting back and waiting and it might be along while before I know anything.
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Ok, in short,
I was assigned a new VA rep at the VA here in Salem, he is the best they had since I have been in this state. Again, I was too far in the appeals process to directly use John D.
We, the VA rep, my wife, and I went to the BCA travel board hearing in Downtown Federal Building. Only us 3 and the VA Gearing Board Officer attended.
The rep help me, and brought in several issues we needed to clear up with past issues with decisions.
We asked the VA Board Judge to roll up remaining claims with the 1151 as they all tied together. He agreed.
The chemicals that were ignored in all VA claim decisions. Fuels and cleaners. All three jobs I held in the USAF on active duty, and how my health was and what I was exposed to on each job. I really had 3 AFSC's. 2 had me sick from chemicals, the USAF doctors wording is hard to read and whether they said chemicals or listed only a partial list.
My complete medical history from when I was a child to when I enlisted, showing any issues that I had and did not have medically, before enlistment.
I stated any and all treatments and by who before the pancreas operation by the VA.
What the operation entailed in the medical release(s) that I signed after being briefed for several days about the procedure.
I signed on that they were going to (perform a fine needle aspiration. ECRP)
Instead they used stents. Those were never mentioned to me in discussions and releases. The 2nd operation was done 2 or 3 days after the first failed operation, and I had no say as I was a quadriplegic after the first operation. And was wheel chair bound unable to care for myself for 1 year after the first operation. Neither operation succeeded. Apparently, the stents broke through biliary ducts and the contents emptied into my body, where the organs went into septic shock. (the VA progress notes told about this in the first for days of that 6 months. We could not read all, impossible. Maybe if it were on a computer disc.)
We discussed all of the permanent disabilities I have to live with the rest of my life because of the failed operations. Some life threatening and very painful.
The veins and arteries to my heart and intestines, etc, are all now diseased. Splenic and Portal. I have constant issues with muscle weakness (I fall often from weakness) and inability to absorb nutrients and fat, and takes drugs to help absorb nutrients. I know that when I get sick again it can happen in minutes and advanced stages is usually fatal. The pancreas will eventually die, the cysts can break open, etc... this weighs on me every moment. Also, no social life I can only lay around sick, on many, many meds.
Also, to this day I am unable to touch most cleaning chemicals, car chemicals, etc, or I swell, turn red, etc. This also happens with hand sanitizer, I cannot use it peels the skin off of my hands. My wife helped stating what my life is like trying to use household cleaners. Or work with stuff that use chemicals. How I was unable to help my daughter while she grew up, could not go places with her.
**Will continue this in a few minutes.
Cont'd..
I told of how I begged for help with the disease and was always told to seek mental help and they could not find intestinal disease. Until they found the 8cm (5 inch cyst on my pancreas.) I kept having to go to mental health clinics for 20 years where they fed me anti-depressants. They just said I was a drug seeker who was mentally ill. This helps show they wasted 20 years in which they could have saved me from a life of total permanent torment and disability had they not ignored my plea for help with the pain I had in my pancreas and surrounding it. And many other issues like the swelling of the limbs which I could show continued from active duty to present day.
note: the VA Board judge had computer problems for the hearing, and had to converse with an IT tech guy to resolve computer issues during the hearing, which kept breaking the continuity.
The Rep and my wife said the hearing went well. I don't know, who knows? only the decisions will tell. !
note: I had to dig back into very painful memories, I could have used my notes from when I was on active duty, wish I had buddy statements! but cannot find anyone I was near from then. I have to rely on doctors notes, handwritten, and my memories.
Basically a continuity from active duty, clarification on what was ignored in evidence, and what my life is like with what problems I had before and after the failed pancreas operations.
**note:
I do not expect a fast decision and am prepared for a slow one, and remands. Nothing else I can do. I can start going to the hospital more often instead of riding out my bad days like when I am bleeding internally and wait until eh bleeding stops. I am just so afraid they will start working on me making my life worse. Though, my back needs and injection badly. And I never miss an appointment.
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I had my rep at the VA help me with my medical documents for my BVA appeal hearing tomorrow. We read some of my medical documents from the pancreas operations that failed. Apparently, when they told me after I woke up in the VA hospital after the first and second failed pancreas operations, they only told me I had bad problems on the operating table. The medical documents in my records say they tried to put a stent in the billary tube and it failed. They tried a second time (2 days later) and the pancreas billary tube broke open, and the 5 inch cyst, broke open, March 2008), that is most likely when it all spilled into my guts causing septic shock and 6 months in the VA hospital. Result, necrotizing pancreatitis. Many complications. So, Now I have more info, I had these documents in boxes but had a hard time with them, too sad, too sick, too angry.
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John D. told me it's too far in the process for him, but he can help me with future claims. I am taking all my records on dollies with wheels. They need a visual of my records, I doubt anyone read them. My arm is swollen and bleeds, the rep saw my swollen hands and said he didn't understand why the doctors at the exam said they are not swollen. Where I put my watch sinks into the swollen flesh and bleeds. Painful too. They will see this. The swelling mostly occurs when I am active and do things around the house, legs swell too. pancreas disease also makes you swell with fluids.
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I am pretty sure I already got a copy of the one you gave me, but I had a civilian one somewhere also... also, often I go to a page and it's password protected, or some database that is not public. But I am doing pretty good with documents. I might have one more visit with a VA representative that is suppose to help me and go to the hearing with me. if so, in a few days. Then in 2 weeks the hearing. Thank you!
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Internet Links for claims and lawsuits. Still trying to find claims and lawsuits, cases, Databases that are open without passwords and subscription, etc, that were filed for purpose of 1151's , malpractice, and judgments of injuries from failed surgeries.
civilian and military, for examples, that I can save and print out.
Thanx..
Mine pancreas disease and injury.
Failed surgeries.
Complications.
Hearing in 2 weeks.
One more ask for info, before the day.
Thanx.
Steven
The Va Continues To Lie!
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
I keep getting asked to find more doctors to write IMO's, but found it very hard to find doctors that specialize in my problems.. I wrote in forums and wrote letters and begged, but had little luck, that time has since passed, but if I won I won't need to any longer...