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retiredat44
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Posts posted by retiredat44
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I got some money, now to figure out about hiring possibly John to help with my mess...
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I just confused by the VA again, they sent me an SOC, and a blank for 9, I filled out the form 9, asked for a live hearing at the local VA and also chose for al of my appeals and SOC's, not just the one issue. I sent it in and sent registered. Then The VA sent me another copy registered mail, and a form 9, but I already go one a week earlier that I had just sent back, filled out, then the next day I get another with letter (it came registered mail, I had to sign for the 2nd one, the first one I got 1 week earlier I didn't have to sign for at the Post office), I think it's the same SOC and a form 9, so they sent it to me 2x. ?? in any case, I sent them the form 9 all filled out and signed, etc, asking for hearing on all open issues, and the hearing be at the local VA. Registered U.S. mail I am just getting confused because they send me another and I received it one day after I mailed them the first one. Ok, maybe they got confused and sent the same SOC and a form 9 a 2nd time? It breaks my heart and drives me crazy every time I get mail form the VA, it scares me, raises my blood pressure, I am always worried it's going to be more bad news, and am scared of mail from the va, it is such a war with the VA. Always too much, it's going to give me a heart attack.
Then on top of this, my local VA office told me they would not help, the office that I signed as my PO.A. Power Of Attorney, to take the place of my last POA. when I moved from another state to here. Well, my newest POA, the VA office in Salem, with a VA disabled rep office, sends me an e-mail asking if I want them to send my Form 9, to help me send the VA paperwork. They told me they would not help me,, but since they still have my signed POA, I didn't revoke it, after they told me they refused to help. I e-mailed them back saying I filled out the Form 9 and sent it back to the regional office on my own. after, all, they refused to help me, so why even bother asking them for any help at all.
I don't have the money to hire anyone for now. I need to hire John form a previous thread, and get more IMO's. Just don't have the money yet. Still have the upcoming hearing at the local VA office, and the 1151 that was remanded.
What a mess!~
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I listened to todays Wed broadcast, and heard that when it ran out of time, not sure if you had the chance in the after broadcast to ask more information. I want to thank you for trying to get my story info out! My problem with quick broadcasts is it is so very difficult to get along story in and get short answers,, very, very hard to do. I did get my Form 9 ready and typed up to send in. I still have not hired Dr. Bash's partner. Money issues. Plus, and worried about flooding them with too many files. Honestly. I am having great problems with thinking, my brain is very messed up. Too sick, too many meds. My main goal is to not miss deadlines. Second goal is evidence. 3rd goal, is getting a BVA meeting, I am trying to choose in person BVA at local VA regional. My representatives that I transferred my POA from San Diego American Legion to the VA , Salem Oregon, basically told me off. They refused to listen and refused to hear I am in the middle of appeals. They wasted the hour meeting to tell me how stupid I am and they tried to explain the process to me, even though I told them I have been in the process for 20 years. If I knew who to report them to I would. I have no clue what they get even though they do nothing for me. And I think as listed as my POA, since it was never revoked.
So, I am sending a registered copy of my Form 9 for the 1151 to the Portland Oregon regional office asap. I don't have any reliable poa reps.
I ended up short on cash and still never sold my old car, it ended up with a problems that I don't have the money to fully fix, but can still get 2 or 3 thousand dollars, to help pay for a new doctor for another IMO, if I wish. I am really worried on how to pack and send my medical documents, as there are to many, I can talk to people in person, but explain my life from thousands of miles away is very hard for me. And I want them to know all they need for me to win. I don't want any surprises about anything.
I want to make sure the VA stops lying, and refusing to use al evidence in my favor, they are getting away with withholding evidence!!!!!!!!
I really need help. I am totally unable to think clearly any longer. I should not even be writing my own form 9. I might bungle that! the years of illness and meds has made ma a zombie. I guess I have to separate rants about the VA being bad with just facts. Period.
Anyways, that's about it for tonight!
Thank you!
I have always wanted to say, it has to be hard for a group to dedicate itself to helping people in these serious life altering decisions. With people you don't know, and not knowing al facts. it has to be very hard and would usually depress people to listen to so many problems.
On a good note, even though I vowed I would never again travel, fly and travel I made on exception a few weeks ago and flew to my daughter's university graduation. I made it, it was nice. Wonderful. I was the old guy who fell apart after 8 p.m. But, at least I made it. But, for real, no more traveling. it is to hard on me! I don'
even like driving locally, I can only go into a store buy something,. and am pooped out and come home, and take more meds. Traveling further is too hard on me.
I take a long while to respond here in these forum because I cannot think straight, and you guys are saviors, just for helping in any way. Just helping someone get back on the right track is of great help.
Thank you,
You helped me think a bit more clearly just for a simple form. It buys me a few more weeks before any more issues.
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I will listen to the radio show tape, if posted..
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ok, here is the form 9, do I check #A or #B ?
Issues I want to appeal...
Thanx
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I have my SOC in a dropbox, the form 9 is not part of this file, I have it scanned but have not uploaded it.. I edited out my name and private info. Sorry about some upside down, as it scanned them, so they are not all upright... must be flipped in pdf viewer...
I can send the proper people a link to the file..
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ok, so my burned out drugged out sick mind and body understands...
1)Do I need to send in the Form 9 now with something? How about a copy of one of the cases you stated showing that other people who got necrotizing pancreatitis from an operation won the lawsuit (1151) because the operation caused further disease?
2)I have many issues with the state of appeals, the ignoring of evidence by the VA is one, the 1151 is another. Do I list that stuff on the form 9, attach the copy of one of the other 1151 cases to the Form 9. Or just write a simple line on the Form stating I am continuing and not giving up my case? What am I suppose to write ? ... from what I read, I have to send this form back, they need a communication back to continue.
Do I then just bring additional evidence with me to a hearing? After sending the Form 9 back?
Please walk me through this !! (what do I write on this Form 9?)
what do I write, an example, etc....
or it just a note saying I am still alive and am not giving up???
I have no clue whether I am just rehashing stuff, stuff they already have.. The copy of a case I am using from this forum to buttress my claim is one that was from a post from a case in which another person won the 1151.
Should I make a copy of my SOC I was just sent by the VA and post it here so you can see what is going on?
Thank you !!!
Please, I am not asking for anyone to go through my whole case, I just need general information on how to proceed with this latest letter, SOC, the form 9, and what to type and return.. Thank you!
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ok, the VA regional here in Portland, sent me an SOC for the 1151. They sent me a Form 9. Normally, I would go to the local VA representative office, but Salem told me they would not help. So, I am on my own. I admit, I cannot think clearly, my mind and body is giving up. Too sick, too tired... I have to do this Form 9 on my own. I just got it, so I will look at more information to see how and what to write. What a mess.
It looks like I have to go through these forms, go back and forth a while long before the hearing. I guess they are not lumping all claims together, or maybe they will wait for this to get the final local deny, deny. Don't know. My heads is swimming in malaise.
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again.... I know I am asking only a few hours after the great help in this thread... but can't I just bring additional documents with met the video hearing? of do I need to send them asking for receipt of delivery?
also, I think I remember being told a few times that if the va already has in file there is no need to print it out and bring it, so all of the prior cases are in their files, yes?
This legal stuff is way above my paygrade... and well there I nothing here I can say that you guys don't know. I hate mailing stuff... I hate not knowing if it is read, if it matters...??? but at least if I present it in person they can at least shake their head yes or no!
so, mail these cases and copies of previous precedents, or just bring copies to hearing?
thanx..
again, I have no date, and no representation...
should my wife go with me to the hearing?
thanx..
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can't I just take any more copies of documents to the video hearing? (instead of mailing stuff) plus, I don't have any rep, well they said they won't help, the new rep said they won't her in Oregon.. even though when I moved here and explained that I needed a new rep because there is no American Legion near me. I signed the new agreement for them to rep me, but they still said they won't so I have no clue what they are doing... They do not communicate with me... on am on my own.... anyways, why not just take any more new documents with me... btw, since precedent was already set by previous vets winning these cases, it doesn't make sense for me printing what they have in their books...
yes? no? I have no clue how long it will be before I get a date set for the hearing... so, I probably have a while..
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No she is areal doctor, will post a link, in fact she is on one of those search sites that show her name with DR. Bash and others for IMO's... she has a professional toxicologist specialty.
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the BVA case links are broken, trying to backtrack and see if I can find them, not sure if I saved them or have to locate a gain and print and bookmark:
0122585.txt
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Steve, they denied my original 1151 twice (and my FTCA once) and then they awarded.
And since the time I wrote an 1151 claim for you and posted it here, I also won ,in 2012, an additional different posthumous claim under 1151 ( 100% P & T) under 1151. That monetary award was larger then my AO IHD death award.
I know what is and isnt an 1151 basis.
"Of course they denied my 1151, but never answered my request for the NOD and appeal for the 1151. I received no hearing."
Have YOU filed the NOD on time? They dont sent it.
I felt you had one of the BEST 1151 cases I had ever seen.
http://americanmedic...ctice-case.html
“Iatrogenic”means caused by a doctor or medical procedure.
Last non vet award I saw was 2 million to a family who lost member due to improper ERCP.
Procedure.
There is no service nexus whatsoever for his necrotizing pancreatitis. The VA caused it and I couldn't get through to him at all on this and no one supported me on that issue so I give up.but hopefully his lawyer will see it right away."
When I find the actual claim I wrote for you, I will post that link here again because, it was ,in my opinion, your 1151 issue was solid and the claim I wrote would award it.
I have been denied , like many of us here, Multiple times at the RO level......
Only, like others here, to succeed anyhow, preserving our EED by continuing to fight back.
Personally, I am familiar with your exposure claim Steve, but I think the 1151 was definitely the strongest claim you had and I hope you have not given up on it.
Bob Walsh and multiple other Vet lawyers are quite good with 1151 issues.
I know Bob and I would be glad to discuss the 1151 issue with him with your permission, if you seek his help .
Then again any good lawyer, like Bob Walsh, will get it all in a heartbeat.!!!!! He doesn't need me.,unless maybe if you filed the 1151 claim I wrote here for you and he has questions about it.
if there is still time..............I am confused by some of your statements......
But if you are willing to give up on the 1151 issue, just say you are and I too will give up on trying to help with it.
That long article IMO you posted here years ago for the chemical claim lacked the most significant thing you needed.
I hope since then you have obtained what was missing.
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This "If you or your rep used the claim I wrote or tweeked it as a template, I had no doubt the claim would succeed.
If not at the RO, then ,I felt, for sure at the BVA."
sorry, where is this part for a template..? my brain isn't working well, I am looking but am lost for a bit, I want to print that part and take with me... I am getting enthused by your help! You guys are sharp and motivating for me and others! Thank you! helping me see through the fog!
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ok, I removed my SS# and full name, but this is the remand letter... (left off the first page...) not sure if it helps at all... posting. my case is a nightmare because of the huge amount of files.. boxes and boxes... and I am not equipped to do legal battles,, drugged out, sick, tired... etc...
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the big problem is you cant state the bastards lie but in publishing you will need real stories and facts... we know they lie with each individual story, but proof for publishing is another.... Now, we can show they drag their feet waiting for us to die off... I don't see they can hide that! I personally feel the low level clerks and decision makers actually play doctor without an M.D. license by determining what you have or don't have. Even if you have medical records from on duty. and by a process where you never have contact when you file acclaim it just goes into some file, and nameless faceless people rubber stamp very important life issues... we really never see our (accusers) is really a good name here, because they basically accuse of us lying, but from behind sealed doors, and we have little to no recourse, as they always have the last word in secret. yes, they can write a denial, but the denials come from people that are not doctors. The C&P doctors are there to catch you in gotchas with trick questions, that is totally unfair. it's really a crooked system! But publishing it isn't much different than another story or forum conversation. A real earthshattering event like the Phoenix VA story would have to be done. I am not making light of anyone's idea to publish a story, but it might just end up with al other stories on page 1,000 just before the classified section.
I do find that even if you have a hearing, you think you have covered everything, but they spend 50% of the time, wasting that precious hour with B.S. then Another 20% with a case like you a criminal, then by the time you tell your story, they have drained you of intelligent thought. And to top all of this of, you must keep buying IMO's, not saying you buy the doctor's off to write it in your favor but you have to keep paying many thousands of dollars out in a war between the VA doctors and neutral doctors, who is going to win when the VA has unlimited resources? They make you go out and buy dream teams of doctors and lawyers! That is just wrong!
Plus in my case the representatives at the VA I tried to get me to take my case when I moved and left my last Representatives 1,000 miles way, and they I come to a VA office and ask them to continue, or take over my case and it was like I was dealing with the same VA who says no to everything! They would even listen to me, they read me the riot act, and then after telling them they refused to help said they didn't know I had claims pending in San Diego VA. They totally wasted that hour trying to tell me the process I had been through for 25 year with all of my previous claims I have won and lost. I could see someone killing themselves after meeting that mean team working there who refused to listen. All I did was come to them last year, said I moved, and needed a new rep for my claims. They interrogated me and asked who helped me in San Diego, and I explained to them my rep was the American Legion, but I moved, yet they could not understands the whole concept of changing my legal representation because I moved. They acted like I was a nut who just brought in medical records and waiting my first claim, and never went through any process and had no clue. They read me the riot act and acted smug like they had just schooled me on the claims process using a blackboard and chalk. I left angry confused pissed, and wondering if it was worth living any more. There was no support, just the words of to the effect that unless I had the proper documents don't come back, which is exactly what they meant! They acted like the American legion was a hobo on some corner that I had given a bottle of wine to help me. I wish I had tape, video, audio so you could hear that meeting! I drove an hour one way for that abuse! Sorry, if this isn't the Seattle office, but is it the whole PNW that treats vets this bad, or just Salem? I was really misguided thinking the PNW could be any better then San Diego, it appears it's just as brutal, or much worse up here, in the VA claims system of the Pacific Northwest.
The VA hospital system treats us good, not perfect, actually they accidently cut into my pancreas leaving me with a fatal disease, but with the 1151 filed, not much else I can do, the doctors and nurses worked day and night to save me, and I am still here. But originally, on active duty I was forced to work the same chemicals that made me sick, and got sick again. Long after the doctors told my command I cannot work with chemicals. You would think it would be easy to win, but according to these people in claims I am a crook trying to steal something. They have no clue what it is to wake up in hell everyday wondering if it is my last, and reaching for the morphine. They try to get through the claims process on my own because I can't afford a dream team to fight those crooks!
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Ok,
My long story, Petroleum chemicals made me sick on active duty, USAF, etc.. had pancreas surgeries at VA. Failed, now pancreas is necrotizing and dying, many other problems, currently at 60% rating. (been on VA disability for 20 years, and SSDI for 20 years.) Claims in for many problems connected to service. Going through many years of appeals. Now I get a letter form the appeals board saying it is being remanded back to the VA, because they said I filed a timely appeals for a video hearing, for 1151 claim (I filed an 1151 because the pancreatic surgeries failed leaving me with an inoperable dying pancreas and many more disease , spent 6 months in the VA hospital a while back fighting for my life) Of course they denied my 1151, but never answered my request for the NOD and appeal for the 1151. I received no hearing.
(just go this remand letter in the mail today! ) So, the appeals board remanded it back to the VA. meanwhile 2 years ago I moved form the crazy (lovely?) state of California to the crazy state of Oregon. I was represented by the American Legion in San Diego, long story! There is no American Legion here so I had my representative changed to the Salem VA office. They treated me like I had never field a claim and told me they would not help. I have chance to hire another lawyer, but have to sell a car, but car got messed up with a bad headgasket, so I haven't sold it yet, to buy another lawyer. (I know, I have sidetracked, but I feel I have no representation, but also feel if the Salem VA get's involved they will continue to treat me badly. Time is ticking, I need to get moving if I want more IMO's for my case!
I will post a copy in the coming hours or days of the letter. Not sure if that is even needed. But if it would help with more ideas from all of the wonderful people here!
Most of the info I posted is already buried deep in old threads.
Thanx!
Though I have no posted lately, I am ok here in Oregon, love living out in the country, much higher quality of life, at least for me and family!
btw, if someone calls me a transplant, I remind them I lived here as a child in the 1950's and visited family every year. I just returned like the Salmon do!
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my case with all of the petroleum chemicals has just been moved to the appeals docket... to much info to list here, but this site has lots of my past posts with more info
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I just got notice my Veterans disability appeals is on the docket to go before a board of judges.... so it is inching closer.. I really need to hire a new lawyer before that, as I need all the legal help I can get, as it is a fight to the death when the VA fights you over benefits! My fight has been going on for 20 years with the VA.. actually it started when I got very sick on active duty many, many years ago... I still have not been able to sell a car I have to hire a new lawyer... but anyways, it has been moved up the chain onto the docket...
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Hi,
right now, I cannot afford to hire anyone, I need to sell a car first, which I am in the process of doing. It blew ahead gasket, and was repaired, and ready to sell. But, I have a pressing concern.
First, the debacle at the Salem VA< where they treated me so badly. A few weeks later, they called and told me they didn't know I had claims in San Diego pending, and going to appeals. I don't understand why they didn't understand I had a lot of claims that were denied and pending, I told them I moved here from there and had claims denied, and I a VSO down there. When I got here, I found out the American Legion stopped doing claims, and that I had to move my claims to their office, at the Salem Oregon VA. So, a few weeks ago, when they basically told me to F&*&^%% off, unless I had more evidence, and this supervisor had written the whole process over a chalk board, wasting my time telling me I was stupid. Then the underling, called me back telling me they found out had existing claims.
OK, now, before I can get some money together to hire DR. Bash, or the person you recommended, I need to send in an NOD, the 1151 is going to expire, it was denied many months ago. In October it will go as just denied with no response. This VSO told me to F*&*% off, so I am on my own. I don't even know where to send it, I got the address written somewhere around here. I am sending it to the Portland VA claims. I just need to keep it alive. I will explain my reason why I disagree with them giving me the big rubber 'No' stamp. Basically, they punctured my pancreas with a needle, during a procedure, leaving me with 'Necrotizing Pancreatitis'. Which is killing me.
So that is what is going on right now.
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I will be sending info to John soon,, gotta sell a car for money everything went kind of bad, and now don't have all of the cash for a bit... but am going to follow through for the consult and hopefully get my claims rolling again... I am very enthused about getting a jumpsart again.. I thought I was dead and sunk from the terrible experience at the VA here.. and the VSO's who run those offices near me ! ... after a chat I am upbeat ! .. I just need to get my personal problems out of the way in these next 2 weeks... the only other obstacle is that I have too many boxes of documents.. and have to figure out ( I have guidance on the which are the most important documents to send) which are the most important to send those who are able to make this whole thing come together... that is very hard to do from a long distance.
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Ok, I just wrote an e-mail to John Dorle. I asked him what he needs to help me. I attached the link and more information, and some background info. Thank you all ! This board is amazing with better brains here then all of the legal people I have been to.
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Ok, I see the steps for the 1151. So, contact the doctor who can write a support for the evidence, get a letter, enclose it with the support, the SOC, and get proof of mailing... My brain is so fogged over, could not see or understand, now it looks easier.. before I got my IMO, I wrote Dr. Bash several times, but never got an answer back then... I just thought he thought it wasn't something he was interested in, and never answered..
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I have never had a VA doc do either, neither help me support it, nor discourage it... in fact, when I had 100 morning consultations with expert doctors in pancreas disease, (every morning a briefing at my hospital bed for 6 months) they asked me about exposure to stuff for cause, I told them that it was chemicals not alcohol. They accepted that,, I am damned sure they put that in their reports... but never did any doctor at the VA reach out to help... or say not claim anything,,, no word at all about such matters. Even when I bring up the subject of claims... they seal their lips like they are under orders to not talk.. which I cannot understand.. you would think they would help... maybe not directly,. but at least help in any way...
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ok,, down to basics,, how do I revive my rejected 1151? I just don't know what to do, also, I guess I am on my own, as the VSO is just telling me I am, on my own... do I file some reconsideration with mention of some cases? Again I was told that the 1151 (that was denied, is still active until October for whatever reason...) do I state the obvious about the reason? Due to surgery, I got necrotizing pancreatitis... ? and many other permanent disabilities, Splenic Vein Thrombosis, and more... I have to dig out the documents, but in any case they were all VA surgeries.. so I have to try to read them and state what's already in their records? sorry, I just don't understand why I have to do this when, they have al of it anyways,, plus I can only tell them info from my perspective, I am no surgeon.. so, I think I did the NOD, if not I can do that, or disagreement, or are these stated cases more evidence?
If I file on my own, I just write it on a statement form, in my own words, or are there some phrases I must use?
Thank you very much! You give me hope!
My Claim, Appeals, Etc, Being Remanded Back To The Va From The Appeals Board
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted · Edited by retiredat44
"I still have not hired Dr. Bash's partner."
I think you mean John Dorley.
I will email him, just to ask him if Dr Bash is familiar with this type ERCP procedure and I will ask John if they ever had a similar claim like that.
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I am now looking for the past contact info for John, and through my e-mails... so if you found out anything new, that would help.... it's ripping my heart out going through al of this mess...
now that I got a few dollars, sold a car, and can focus on the VA issues... but I know I have deadlines to beat..