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retiredat44

Senior Chief Petty Officer
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Everything posted by retiredat44

  1. does the BVA send all remanded appeals to the AMC at one time, or separately ? In Other words, do they send them all in one batch, and the AMC send the fixed remands back in one batch, or do they only send them back one at a time, until all are sent back from AMC to the BVA ? this has been absurd. The BVA started remands to the VARO, then to AMC. The BVA had my live hearing March 2016. One year later I had some really screwed up C&P's (one so bad the made me repeat it). Since then they have gone through the remands to VARO, and the latest in the last year or two was first the VARO, then the final year was AMC. The whole 3rd year is started with making decision, then the last six months chanced to remands again with AMC. Then they sent a form saying what do I want, to send in any more evidence,,, which I did a statement and document, and also checked off waive the 60 day wait for the decisions and don't send anything back to VARO. And the Status currently says remands (apparently those are with the AMC). This whole thing started with claims from 2008. and denied and sent in as appeal 2009. I am 30 days into the 60 day wait waiver for decisions. These people are cruel. incompetent, inept, cruel, etc.
  2. btw.. so, the way I read the decisions... I have at least 6 contentions, they granted Felxion, I believe for my left knee. The way I read about flexion, they automatically apply it to both limbs, left and right. Depending on the degrees, it can go from '0' percent on up. If per say, it was 30 percent, whether it was combined percentage of both legs or just one. Then added using VA math chart for combined, it would bring me up to near 70 percent and be rounded to 70. Higher if more and higher Flex. 50% Plus my 10% (my current disability percent has been 60%) the flew brings it up to at least 70% or more. Assuming they don't lowball me at 0%. If al my other contentions for some reason end up being denied or lowballed, The 70% plus TDIU would bring me up to 100% Permanent and Total. But, if enough of my contentions go up to 100% or more, than no need for TDIU. So, I lost the ability to work in the 1990's, got SSDI for permanent total disability in 1995. (actually was to sick to work by 1990, but screwed up and they fought me for several years.) So, I have 2 solid ways of getting the retroactive P&T. I am not sure how much percent I will get for Parkinson's, assuming they grant it as they should I have a zillion neurological tests and observations of it over many year. The BVA hearing judge (several years ago) asked me, the very first question was did my illness get diagnosed on active duty on the job, and my answer was an honest yes. MY Judge seemed very good, very fair. Not sure if I am winning the 1151. But I have many strong contentions, and many ways for them to add up. The main problem was the VARO screwed it all up and they BVA had to have it all fixed. Hence, all the remands. I just don't get why they didn't give me an advanced docket and speed it up, I do remember him writing for it to be advanced for hardship. The diseases II have a often fatal quickly, and for some dumb reason have no killed me off yet.
  3. bva judge has it... it said (months ago) the status page said bva judge is making decision, then they changed that back to judge is getting info, sent something as a remand to the appeal management center, then it came back and I got a form saying before they make a decision, it asked me if I had anything to add and if I wanted to waive the 60 day wait... I told them make the decision and I waived the 60 day wait. So, again, the BVA judge is supposedly making the decision, and I waived any wait. But, there is no change in the status during this wait. So, the waiver for the 60 days is a joke, or they are making the decisions and are not updating that status. Can't be both. or can it.
  4. How up2date is VA.GOV, BVA appeal status page? or is it yet another mystery the VA gives us? I was wonder is it it weekly, or monthly, or? I was sent a form asking if wanted to submit more info, etc.. I submitted a statement, and checked waive the 60 days, do not send to RO. Decide my claim now. It appears they got back the remands and the AMC finished my remands and sent whatever it was back to the BVA Judge. Since I waived the 60 day wait, etc... almost a month has passed... So, that 60 day waiver is smoke and mirrors. Or the Status page hasn't been updated in 2 months. The status page says the judge is getting more information, which I take it was the info that the AMC had and returned. I know asking when is not something anyone can answer, but it is now going on 11 years for my claims, or at least my claims since the 1990's.
  5. no.. you don't put your address, it is like putting a pin in the map in the general area, but you can stop there,, no address need, unless someone wants to for like a meeting place, or event place, otherwise it would be like marking a city....
  6. is the Higher level review like the DRO ? different name? I tried that once and only came out of there angry and screwed.... treated badly by the dro... that was San Diego the building like a prison where they make you walk through metal detectors and yell at you if you don't walk through it properly or put your crap in the basket...
  7. me neither, I never saw a lane and looked for it many, many times over the years and months..
  8. I was 500 feet from this bomb blast. I was at my duty station at the fuel storage depot when the bomb went off 500 feet from me.. https://www.stripes.com/30th-anniversary-of-usafe-headquarters-bombing-1.153700?fbclid=IwAR2xLMVEgtGOaYYc5-tKuwfTK_-Ryy8tvxW3KB7vuFH0rbb0Z2a_zsdnx0I long story short, it blew us to the ground and across the room, only 2 of us that morning waiting for out shift to end. I was only one of 10 people who were in a group of volunteers to who volunteer work for several years, and this time we were the first group to enter the bombed building and make a report... Long story of who, where, why how,, etc.... how they picked that Nato building, and much more..
  9. like has been stated, the varo's didn't do their jobs and created this mess. No accountability for horrible varo's.
  10. VA achieves historic goal delivering more than 90,000 appeals decisions to Veterans in FY 2019 https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5312 --- I call B.S. !
  11. I agree, they are inept, incompetent and playing doctor without any medical training or knowledge....
  12. claim from 2009, bva appeal hearing 2016, several remands, now sits with bva judge waiting for decisions. so 10 years in, and just crickets....
  13. Thank you VetQuest, you often spend the time to give me help... ! I see the usual patient advocates... which I do not hold in very high esteem from past experiences... I don't know how or where patient affairs is... I need to contact over phone or email first.... as whenever I go to try to find offices myself, it always turns out to be a waste of time, either a closed, out to lunch sign or only there one hour a day, or one day a month sign... and if the office of the place is open there is await 4 hours long of other pissed off vets.. pathetic... ... I tried to ask my doctor about how to get the change from him and his retirement to a new doctor, and never got a response on how to help with getting a new primary care. My guess is he doesn't have any input and the VA will do whatever they want to do. I do really need my disability claim to get through so my files can be updates with my health problems,,,, so they can see what my needs are. I caught them putting the wrong info in my files and the doctors were clueless on my needs because of the health problems not properly placed into my files. That is what the doctors look at when they start your health care, and if that is the wrong info, you cannot tell them to correct it, the VA's word is more important to them then the truth from your own words. if the records are screwed up, then you get screwed up care. I am not doing a 3 hours drive to get no where... am trying to find the proper offices at the VA here and get a real appointment. If the advocate is the affairs office then I am screwed. I am searching their website... https://www.portland.va.gov/contact/phone_directory.asp
  14. I got a call from the Salem clinic (20 miles from me) telling me I am still on the waiting list (going on 7 years), but they cannot tell me when I can go there for a primary clinic provider. They said there are others who waited 10 years so far. I tried to get an answer and tried shaking the trees. My doctor is retiring about now, and I am in deep crap if they try to give me the doctor who treated me horribly at that same clinic. This is a nightmare for me, when I spent one month puking green slime out of my lungs (bronchitis) this summer and the VA couldn't give me an appointment and I went to a community hospital. On top of pancreatic and liver diseases.
  15. Congrats! I would imagine it will be a much easier night of sleep from now on...
  16. We leased a couple times, then ended up buying the car.. it's a balloon payment at the end... upside down.. which is stupid mathematically... I can no longer work on cars so the car has to be pretty new so it isn't falling apart... have a Camry Hybrid,, wife works part time and drives it 99% of the time.
  17. GBArmy, I do believe you are right too, it is hard to draw the point so it is correct, but they did divide us into different classes and differently.... as far as processing claims, medical, and more.... i am talking about the age group, or era in time.... etc.... or as they say war time, peace time, vets... drafted vs volunteers, etc... it is on all the forms,,,, each sex , each race, each everything... many different class divisions....
  18. MY father, US Navy Veteran, was in a couple of year, got out had jobs a family, but he had serious lung problems,, but never took a dime from the VA< then at the age of 50 he could not longer work, had COPD, he went to the VA, not knowing about benefits.. they took his info and they gave benefits immediately, no appeals, just one exam (he died at 62). When I went in a few year after I got out they chastised me and said why did I wait so long, and put me through a 20 year fight.. and a botched pancreas operation... and am still fighting... the Veterans from the past (yes Vietnam did not go so well for Veterans) but the past Veterans were treated with much more respect and they were not thrown out the door when applying.. it seems the Vets from the days after Vietnam have a target on our backs when we try to get help. They divided the Veterans into categories and treated each group differently. Of course they won't admit this. My daughter, who paid for her own education, because the VA fought me so far... has 2 Masters degrees coming soon (she is well under 30 years of age). She said she would not serve because she saw the way I was treated and said if they treat people that way, she would not go.
  19. *I wanted to stay in, but got sick from chemicals and was transferred to a job without chemicals, and was happy, then they pulled me from that job, made me work with different chemicals got sick al over again,, by that time I had 5 years invested, but no job to stay in for, every time I tried to pick a job on some list at the personal office they would give me an excuse why I couldn't have that job. I had no clue about benefits when I left. All I knew is I had to go back to school , I got several degrees but I ended up too sick and lost everything. First time around I had already been going to another hospital very sick. I went to the VA and applied for benefits, and I got some others denied. I did not understand the whole process of the claims and why I was denied, and how to get more evidence. But the doctors were confused and worthless they told me there was nothing wrong and sent me to head doctors, that whole time I was suffering from pancreatic disease and they wasted 20 at least 10 years telling me it was in my head, buy then it was too late. The disease had dome too much damage. I feel like they pissed away al the years telling me it was in my head.
  20. nightmare from hell and having a POA that sucked.. while I lived at the VA I could not use any of the VA that had offices there because I had a VA that was not in those offices... so they would not even talk to me... and when I tried to meet deadlines my POA kept telling me the soonest appointment was months out,, I was furious,, this place was highly recommended by the whole Vet community. But the Vet that was a POA for them was moved to another job up the food chain and it was like the whole structure under him collapsed.. it was the worst possible time to me because I had a ton of claim stuff, documents, and a scrambled non-functioning brain, to figure out and I was stull trying to learn to walk again after being food tube fed in bed for 6 months and could barely talk. I need help badly and was abandoned to t he wolves. I cannot find the words to tell people the hell..... the flames in the pit. All the lawyers in the area of the USA wanted lots of cash up front because they knew the va fight would take eons. it was a huge impossibility. I was treated horribly. I wish I could print names of the people who suck , but it is not my website and I know I would get into trouble. But, it "might" save lots of vets huge problems.... I fel bad for al those that went through these people, and those that will. They should be warned.
  21. Has anyone else had a VA clinic write an IMO for you? I had one recently. The VA clinic who cared for me, and where I was an inpatient for 6 months when my pancreas procedure for removing a cyst on my pancreas went bad after they cut the billary tube, and it got infected, and to many complications to list. So, I had put in claims for this and of they denied, and it went to appeals, this was 10 years ago. I wrote the one of the doctors who worked in the GI clinic and was one of the main doctors who took care of me for those 6 months from the GI Clinic. I wrote him recently asking for a medical opinion because we talked many, many times while I was an inpatient and thought his statements would help me a lot for my claim. The VA GI Clinic wrote me back and told me he left the VA. A few days later I got a phone call from the staff in the GI clinic and told me the doctors asked them to write a letter on my behalf stating the pancreas procedure 'more likely than not' was the cause of the necrotizing pancreatitis. They then mailed me the letter, and I sent it to my POA/VSO, she sent it to rebut the IMO the VA got from the College or Physicians regarding my pancreas and complications. My POA is happy with the letter, although it was short and to the point. and had the correct wording, the clinic knew exactly what to write, I did not coach anyone they did this on their own. The BVA judge now has al my documents and is ready to make the remaining decisions and I waived the RO and the 60 days. I would never in my life would have though doctors at the VA clinic, the one who worked on me and I was patient at for 20 years, would go write me a medical opinion to help me, but living there I got to know lots of the staff intimately. The doctors told me there was nothing left they could do and most people die within a few short years, and the pancreas was too far gone to even touch ever again. They treated me very good there in the last couple of years there because I moved and many of them also moved on over the years. I will find out, hopefully soon how my appeals turn out.
  22. I posted this along time ago, I still cannot find the answer... I would like the each forum thread to show newest post in the thread first, on top. Oldest post at the end of the thread. I cannot find the individual setting for this. Thanx
  23. ok,, been mulling this over, and cannot find out the answer until next week. My VSO, POA, only does BVA level appeals. I asked why the BVA sent me a medical opinion 2x, the same one twice! They sent it to me to rebut my 1151. It makes no sense to me. I asked my VSO why it was sent to me twice, and she replied they she had to re-submit my paper I submitted a few months back. She said she did something wrong on the official submittal channels to the BVA, something about putting my SS# on them so it was kicked back to her. I am wondering if she went to submit my Medical Opinion from the GI Clinic with the key phrase, 'More Likely Than Not', in the Medical Opinion, and maybe that made the BVA send the BVA's medical opinion against my 1151 back to me a 2nd time thinking I did not rebut it, when I actually did, but since I rely on my VSO/POA to submit my documents, maybe she screwed up that one, hence that Medical opinion coming back to be 2x. That means it almost blew the whole thing, plug set me back several months. Or maybe it was a other form when you tell them you want to submit more evidence, or not. This is a good argument for not using a VSO because if they screwup we get royally screwed, and we may never know what is sent to the BVA through a 3rd party. Even when we send documents we never really know if they are received, filed, read, or trashed. I will have more to say later, if I find out what is going on. This nightmare that I, yes I know it is we, everyone that appeals. Or just gets injured on active duty goes through hell because of this rotten process. So, Again, I hope I am done submitting and hope the BVA judge does the right thing and soon. I am not trying to be a drama queen but I have been very close several times to going back into the hospital. And the stress it terrible. I wonder what happened with the class action for those that have been forced to wait a long time for their appeal ? Those suits can take a very long time, And make it through lots of hurdles to get through the whole process. That is in another thread, or an article. Thanx for listening, try to have a good holiday, the last of the summer. I for one enjoy fall and winter.
  24. The BVA again sent me same copy of the medical opinion (from Columbia University College of Physicians and Surgeons) of my pancreas procedure at the va (part of 1151 claim), that they sent me with another medical Opinion response Form asking me if I had a statement and/or documents to attach and send back. I wrote a letter, a response, and checked to waive the RO, and waive the 60 days, and go straight to the BVA Judge. In my letter, I stated they wrote the wrong medical terms for my diagnosis, and they did not use some known widely used available tests that are standards for determining if the pancreas will have issues from an ECRP, which included references of the studies. A few months back, the GI Clinic at the VA which I was hospitalized for 6 months wrote me an IMO, that had the words 'more likely than not were the cause of my necrotizing pancreatitis'. I had asked to have a doctor that cared for me while I was an inpatient who was in the GI clinic, but he had moved and left the VA. The doctors in the VA GI Clinic that I was under the care of had an IMO written up for me on my behalf, which I sent to the BVA as part of my appeal. I feel very confident I have done everything I could. The BVA keeps dragging this out. My POA says she knows the judge and sent my documents to BVA. I felt since they are again sending me forms if I had more I would send more. As like with everyone else that goes through this VA/BVA nightmare I am so tired, so angry.... I have lived long enough to see it this far, but have spent more than half my life sick in bed. And treated very bad by lots of people who do not understand what it is like to suffer so long. BTW, the 1-2 months part was removed from that page of my appeal. Whatever that means.
  25. There is a map for events and more, maybe we can use it, like a map, but you can add a pin where are located... and be close to people with similar experiences, to chat, or exchange info to help, chat, bbq, whatever.. https://www.zeemaps.com/ those stuck in the hamster wheel @ BVA put yourself on map https://www.zeemaps.com/map?group=3542183
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