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retiredat44
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Status Updates posted by retiredat44
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Necrotizing pancreatitis, Portal and Splenic vein thrombosis. neurological disorders, uncontrollable movements. Spent 6 months in a VA hospital bed 2008, year in a wheel chair, learned to walk and eat again after 6 months on feeding tube. Latest 2017, Now add Epstein-Barr virus, more tests show it too, as I knew my immune system is bad. and am too sick often to do much at all.... still have to go to the liver clinic later this month, need a liver biopsy. Spleen is enlarged too.
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so far with my CUE claims to fix the date of my 1151 grant, the grant said for the injury during surgery, from the surgery. The VA pulled date out of their ass, 5 years later than the surgery. I filed the CUE, at my rep said he would not help me with the CUE. They would send me a denial, saying I (they and my records) didn't have any evidence of the injury, The VA sent me that 6 weeks after original filing of the CUE. I immediately sent them the info of the place and date of the surgery. Then They said they didn't have any proof of any claims before 2012 (incident of injury the BVA granted to me was for (2008) 1151 claim. They also had no mention of it being a CUE and were treating as anew claim. Again, I immediately sent them back a copy of my old claims evidence from the VA going about to 1997 update in 2009 with the Necrotizing pancreatitis from the original Intestinal disease. PLus re-enforcing it is a CUE. As they were trying to say it was a regular claim. Even though I spelling out all of the CUE and requirements (which I met) in my CUE filings. Also they demanded I had claims during the Granted 1151 claim. The CUE as far as I know doesn't required you have claims during the time of an 1151 surgery grant. But, in any case, I did have claims before then. I meet every requirement and they keep trying the change the CUE to a claim and lie about dates. Either they lost my files, or lying or both. The latest denial was January 2023. I have since them sent them evince 2 times, and no response back yet. I looked online at my claims and it says they are reviewing my case. I don't trust the B.s. They put for us to read. They have been screwing me since last year on my CUE, finding ways to deny or delay. They are totally inept, incompetent crooks at the VA.
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so far, a shit show, my doctors have ct cans and mri showing tumors and on the bone next to my eye, and the nose is very infecting and swelling and draining, purple has been around my eyes and hose for years, and the tumors explain why it is discolored between my eyes. My doctors from a couple clinics told me they would again talk the ENT clinic. I had a bad experience with a doctor there, who apparently wasn't going to listen, and didn't have all of my files. This same B.S. caused the same issues with my pancreas which left me fighting for my life in a hospital bed in 2008. The feeding tube which was in me for 6 months ran through the same area where there is large infected cyst in the sinus under my right eye, not the same one as the tumor on the bone. This week I have to see if they fix their communication problems. I am furious, and my wife is pissed off too. Anything you read about the VA problems, are much worse than the scumbag media tells it. They are more worried about the paper masks than the health of vets. They cancelled thousands of medical appointments blaming covid. I know I can't get political here.
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stupid b.s. va appeals status still says takes 1-2 months.... going on 4 years of 1-2 months.... dirtbags, they can't even lie with a straight face
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the va is still fighting me over effective dates, the last excuse they used was the last filing I did, was 2012. I sent them my VA letters showing I had open claims from decades it the past. since my paid rep helped me in the past, and left him as a retainer as being on retainer. he also said he would not help me get an earlier effective date, so my filing of a CUE for a new effective date has been a fight going on 6 months. I include a letter in my CUE filing that I am claiming the CUE on my own with no help from anyone else. And my rep is not helping with my CUE. They sent me a letter stating I had no claims before 2012 for the conditions. I sent them the official correspondence from the VA with dates of claims (going back decades). Also had sent a copy of my letter from the VA stating they were the cause of my Necrotizing pancreatitis from 2008. The VA continues to lie and fight me, and I keep giving them copies of the very documents in my files over 3 decades. They are either very incompetent or such aggreges liars.
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The VA/BVA claims, appeals created a big problem. I was diagnosed when I was Hospitalized for 6 months 2008 in the San Diego VA Hospital for Necrotizing Pancreatitis. During the BVA appeals, someone changed some of the wording from 'Necrotizing Pancreatitis', to 'Chronic Pancreatitis'. I need that corrected as they make a lot of decisions on diagnosis and medical issues. I am awaiting for the word from the BVA through my VA representative who worked my BVA case for me.
In Oregon they have VA representatives when you choose representation, like when you can choose a POA through the DAV, American Legion, or the VA has them too. I had no choice, a few years ago I needed help and they were the only help I could find. Now the BVA has only approved and given me the 1151 claim and denied the rest. The only claim left is TDIU, which no one would help me with because up until late last year I was only 60% (I have been un employable and totally disabled from 1995). Now I am at 90%. (it took until 2019 for the BVA to get it changed to 90%) But they low balled me badly, and I believe it is not only bad decisions at the BVA, but also because they wrote down the wrong disease in the decisions.
I cannot move on to the next POA, until the BVA has said they are finished with my claims (so my VA representative can be let go because the BVA appeals are finished), and I believe that the next step will have to be an NOD for the BVA decisions that used the wrong term, diagnosis. And that will be corrected with help by a paid POA I have retained (highly respected professional who is going to be my POA as soon as I can fire my current POA), but they cannot help me until the other POA is no longer my POA. I am awaiting word that all decisions have been made up until this point, by the BVA, so I can bring in some very good help with my appeals. Note: I have never before appealed BVA decisions before. From this point on it is new to me. Getting these bungled screwed up mistakes corrected. I don't understand how they can get away with doing this stuff !
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First things first, you should have one of the elders or moderators move your post to one of the other post where more can see and comment. I got called for another C&P, I think it might be for the TDIU, I try to apply for so many times and was told no... I was too low a percentage (they said I had to be at least 70%), though I have been unemployable since 1990. Again your post is a little off. There is no set rating for a veteran to file and or be considered for unemployability.
4.16 Total disability ratings for compensation based on unemployability of the individual.
§ 4.16 Total disability ratings for compensation based on unemployability of the individual.
(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.
(Authority: 38 U.S.C. 501)
(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.
[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996; 79 FR 2100, Jan. 13, 2014]
Based on section B it states "but who fail to meet the percentage standards set forth in paragraph (a) of this section". So at any prior of time to your upcoming rating, VA should consider you for unemployability. We always say that evidence is key but we also have to did into the regulations and use it just like VA does.
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OK, so I went to the latest C&P exam, 3 days ago. The VA says they are going through my appeals and adding the pain I have been through, as pain is also suppose to be rated and added to your rating, so I brought in my medical records going back to t he 1980's showing the pain I have suffered from the injuries and diseases going al the way back and have been on morphine and narcotics for 40 years for severe pain. I brought in the medical records, even though they have had copies I submitted in the 1990's from outside hospitals that treated me and operated on me. So, I have a trail of constant medical care for both diagnosed and undiagnosed severe pain. If they rate me properly it should put me over the top, no problem. But, I don't trust them, even with the stacks of medical records, they will find a way to screw me, but I guess after a few months I will find out how they rate the undiagnosed and diagnosed pain. These are not just a few sheets of paper from the doctors, they are boxes of medical records showing al the exams, procedures, diagnoses, and medications. For decades. They also took my blood to check my liver for the C&P, since I have pancreatic disease.
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Great Job, I am in your corner. I will say that in the past VA has been very lazy and inept to review and comprehend most document. I am hoping that they are better at these processes now. You Know getting rid of all the dead heads and lazy folks. Just keep them on their toes and make sure if you don't get what you want try your best to get as close as you can.
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Those that know me, please excuse any info that has already been talked about in length in the past,, this i smor elike an additon with ongoing and newer issues that are linked to the past...
I was healthy when I was very young and in the USAF. I got sick in the USAF from chemcials, and left and worked in fields without chemicals. MY father died of COPD.
I got pancreatic disease linked to the USAF. I have suffered from Pnumunia inthe past too, and have had breathing problems for decades, but the necrotizing pancreatits affects many organs.
I was in hosptial bed for 6 months and on a feeding tube and took many years to eat and walk again. My lungs have had issues with breathing for decades, but the breathing issues came up bad with the pancreatic disease. Beforre then only pnumonia was my only lung problem experience and that was on active duty.and have had so many problem with my nasal passages, and have had severe discharge of material from my nose, and in the last couple of years I have had very thick stuff. Actually the feeding tube caused me great node and nasal problems and I had growths inthere and also the feeding tubes when they would remove on or they would expels themselves (violently) out of my intestines and nose when they became green color with looked like bacteria..
coming out my nose and was like silicone so thick, a horrific smell like sulfur for aat least a decade... and the white stuff was just like silicon out of the tube you can buy,, and also turned hard and would break out of my skin with blood.
The doctors were of no help, they would jsut brush it off..
my percentage of oxygen has been going down over the yars and lots of blood pressure problems.
I am still suffering with leg swelling, but not the feet.
lately that silcone has turned to a rubber, foam and liquid, both and either just collectsdvery fast or I have viloent sneezes and I get rolls and blocks of it out of my nose.
I have had lots of pain for years up in my chest and I can't tell if it is from the pancreas of lungs themselvs.,,, and not I am expelling large chunks of rubbey frothing chunks and liquid, and am not sure what else I have now.
I have the VA for my health provider and they are not so good at helping me, as they are not very good with people with so many really serious issues.
I have had so many doctors come and go, and I get so frustrated with trying to get help with all these issues,, they just usually take tests and , as with the
pancreatic disease they told me they cannot help me, but just give me meds. I am wondering if anyone else has these issues with these nasal and lung discharges,
Always out of breath. I am afraid to start yapping about it to my wife, she hates to hear me with all my issues and she says she cannot handle the pressure, and I read to
see what is wrong, the doctors just don't help much. I just want to know if soemone else experiences the dicharge out the nose, mouth etc..
oh yeah, forgot about the blood pressure and heart beat all over the place. I am in my mid 60's now. Thanx for any info on experince with this... I am not sure what to make of this rubbery, hardish and soft foamy stuff coming out of my lungs... -
totally exhausted and sick almost al the time still. Sleeping a lot,, need sleep a lot. Can't see doctors,t he VA quit seeing us, along time ago and with this virus stuff, no help at all. My legs suffering in severe pain, and sometimes for weeks at a time I have to sleep with my feet touching the floor or else I can't sleep and scream in agony. PAD? I begged them to help with my legs. That seemed to have started when I was in a hospital bed most of a year unable to eat, and on a feeding tube, and unable to walk for one year. One year ago, in the summer, I had severe bronchitis and green slime filling my airways and puking green slime with high fever, the va refused to see me, and went to a local hospital where they took xrays and found bronchitis. With this virus the va basically told us to stay away and not go there.
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Go your your local E.R...Once your there have someone with you call your vamc or ask the office clerk to call them and let the VA know your at the E.R. the person they talk with at the VA with will give the ok or they will send a VA Ambulance to come pick you up and take you to the VAMC
So be sure you have your VAMC phone #
Due to this coronavirus pandemic this is all I know to tell you. if your taking all your medications and keep warm and drink water and try to eat something that you can eat.. that's about all I know you can do,?
,if you have a fever take fever reduce meds and maybe take a wet damp cloth and place on your face/for-head.
I am sorry to hear your sick.
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for now I am just regular sick,,, last summer was the summer of sever bronchitis, and they would not see me.. other people go on summer vacation... I spend it sick in bed... just saying the va will not help, and with the virus thing,, they won't help at all.... My legs are a little better,,, but if they go back to the pad suffering.... I don't know if my legs need some meds to stop the blood from clotting... or severe muscle cramps that keep me from not being able to sleep... just that the va should be helping us, and not keeping up away and refusing to help... why punish us because of the virus... next bad episode I will not have time to beg for help... I go down and feel like the va is punishing us vets... like we are suppose to not get sicker until the virus is gone... which is crazy...I hope they get my benefits finished so they can pay my daughter's schooling before I die... once I get too sick and die my family will not be able fight for the last 10% which would fix the problems of her school costs the va never paid... or maybe there are clogs in the legs which means something will come up and give me a stroke.... it gets very bad... and excruciating... at least I have not gotten that virus.... in a very small town away from the big cities.. Thanx for caring...I will get up and go outside,,, for a few minutes... I will get very tired and come back in pretty soon,,, cya later...
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You posted a question in 2012 asking about the TCE link and Parkisons.. well, it looks like they finally linked my exposure after all these years.. it still hasn't been rated, and more contentions to go... at least I can finally answer you with a better answer...
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Denied! But the VA did not use all of my evidence! The overlookled and missed most of the evidence that was in my favor!
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In response to being denied on my VA Disability Claim.
NOD response:
In response to being denied on my VA Disability Claim.
The Denial letter has no mention of the other chemicals I worked closely with for four and one-half years. The other chemicals in my claim were never investigated according to the Decision.
As a Fuels Specialist and working with huge quantities of Jet Fuel (JP-4, diesel, and leaded gasoline). I was often soaked in fuel, as bein...
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I suffer from tremors and shaking,,I was treated by doctors in and out of the military.. I have balance polems and weak muscles.. sometimes I break down if I try to much pysical activity and just beome a shaking mass of flesh...
I have more appointments with neuro doctors. Nurses kept asking if I have Parkinsons,, Maybe MS I think, but Neuro doctor says I have Myotonic Dystrophy.
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in month 10 of waiting for the DRO to make a decsion on my DRO hearing from Dec. 8, 2010. Just how long does it frakkin take to make a decision? wtf are they doing at the San Diego Region Office?
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in month 10 of waiting for the DRO to make a decsion on my DRO hearing from Dec. 8, 2010. Just how long does it frakkin take to make a decision? wtf are they doing at the San Diego Region Office?
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My DRO Hearing date will be Dec. 8, 2010
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My new VSO is gfetting me a BVA video hearing with Wash DC office in a few motnsh for my appeal. She wil also represtn me int he hearing, and she has my IMO and says it is a good IMO... Things maybe looking up and when the BVA appeal hearing happens, I will update.. I jus tneed patience and to keep al my appointments and don't do anything stupid when I feel low..,, I must push forward.... thank everyone here..
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still waiting for a frakkin decision, sent a letter 2x to my vso asking her to find outif I qualify for my case to be advanced due to illness, no reply... from anyone..
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still waiting for a frakkin decision, sent a letter 2x to my vso asking her to find outif I qualify for my case to be advanced due to illness, no reply... from anyone..
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Waiting for my Claim Ratings results, I had my C&P exams in July 2010.
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Sorry, I am in Arizona, Mine went from rating, back to development to receive info the from VA in Tucson which as finally been receive, they say its ready to be rated, just waiting for a rater to have room for it-claims go by the date you filed, mine was filed in October 2009, had been deferred until they sent this for a comp exam-best of luck
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waiting for my DRO hearing decision, on at least 3 out of 6 issues... I think at least 3 were no dendied at the dro hearing, the other three maybe going to BVA.. but need verification some frakkin day whent he VA DRO actually gives a decison ont he three that never got an SOC... one year ago was that hearing..
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waiting for my DRO hearing decision, on at least 3 out of 6 issues... I think at least 3 were no dendied at the dro hearing, the other three maybe going to BVA.. but need verification some frakkin day whent he VA DRO actually gives a decison ont he three that never got an SOC... one year ago was that hearing..
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While I await my DRO hearing coming very soon..
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While I await my DRO hearing, I have a couple things to say:
first: I had my story published:
http://www.veteranstoday.com/2010/10/26/chemical-exposure-one-veteranâ€%-99s-story/
second:
I have this picture of me with a big screen tv... with one of my combat flight simulators on it..
the story that goes witht he big screen tv is:
I was scheduled for a pancreas operation and I had entered a contest for a LCD HDTV, with my local cable company...
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I cannot get my story link to post correctly so here is the website: search for my story using the word TOXIC on the website:
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