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retiredat44
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Posts posted by retiredat44
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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.
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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.
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well they changed the status of mine, it went from 1-2 months for decision to judge is getting more medical opinions...
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btw, this video explaining a real life experience of someone who filed a claim, is b.s. at least for me and so many others,, they cherry picked a claim where the vet wasn't screwed bad.
so misleading it is criminal how they show a good process that we never got...
IMHO
(I am sorry about the vet who was actually in the video and used as propaganda by the liars))
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15 hours ago, MarkInTexas said:
I get the same screen and slowly march toward the end. Mine was decided by a Judge on at the end of October, 2018 with several granted conditions and two remands. However, the grants have not been "granted" at the local VA level, and waiting for a new C&P on the two remands. Meanwhile, the little status bar now moves at a little under a hundred appeals less in front of me per day.....still have like 43K in front according to the status bar.
Good luck!
Mark
I never saw a status bar? can't find the tracking for veterans ahead in line,,,,, gave up looking... but yes, thank you.... good too know it is not frozen forever...
this is missing, looked forever:
This progress bar shows the total number of appeals on the docket, and the number of appeals ahead of you.
I guess I am special.. [sarcasm]
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update with glaucoma... the eye drops latranopost and timonol (drops) both did not help (as much as they wanted).... they are going to prescribe me a more aggressive type of eye drop for the disease... they said it still is in the early stages.... not sure if I can see a difference, as the same eye has cataracts also. To me it looks like is has a more narrow field of view. The tests also show what I feel. Since I am already very sick from other issues, it is another big problem on top of all other issues I health issues I have....
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7 hours ago, PostMan1988 said:
Was closed on the 15th and Peggy said I should be getting a letter soon. Yes it was one issue (appeal to raise PTSD/anxiety %) No change on ebennies or bank account anywhere so I gotta wait.
Could "VA made a NEW decision" be good news since my appeal was denied at regular appeal and this is from higher-review? Guess we'll see because no one has ever typed those words in internet history when I searched it.
so that is how it looks when something happens! Mine said 1-2 months 5 months ago. Too much stress wondering about what letters say !
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On 8/8/2019 at 8:57 AM, PostMan1988 said:
Thanks retiredat44, will follow you on your journey and see what happens with us
Postman1988, was yours just one issue, if not, more than 1 issue, did they make a decision for the one, all of them, and do the rest separate, or all at once? are you finished? a letter, a final letter, pay first then a letter? Thanx
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Buck, thank you for posting these updates on the va.... as they are very helpful, could not keep track of all these updates on my own, plus many are of special interest to me for my issues. This one about nutrition will probably affect millions of us.
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I also have had very bad things happen, at VSO offices.... I have been called stupid, I have been told they refused to file for things and I had to write my own with no help from them, I have been dumped because of people moving around and they didn't have time to help me, even though I was already a client, and the goes on.... I cannot tell how many times lots of time was wasted as I ended up waiting, or not getting any help. When someone in the forums ask if we should use a VSO, I was very hesitant to even say maybe. And I saw anger (from VSO's who read these forums) when some people told stories of the bad stuff. We either lose because of bad ones or we lose years of time because we couldn't get someone to type a couple of words. I could tell some bad stories, some good ones too, but I think my biggest advice is, if you think you are going to lose a date because of some bad people, write the paper yourself to make sure the date it held in place. Use it as a place holder. I found that even is huge cities that often it is impossible to find someone to help. I cannot tell you how many times I had to spend weeks phoning and driving looking for people and VSO's to help, only to get nowhere. Cities like San Diego. Even bad experiences in Oregon with bad problems with getting help. I have left offices so low I was in tears. Or so angry my heart was going to explode.
- GBArmy and ShrekTheTank
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16 hours ago, PostMan1988 said:
Wondering if anyone else has seen this before and if the timeline was about right?
mine (posted) in these forums too... once every few weeks changes slightly....I had even sent more evidence (I hate using the word evidence, it is like I am a criminal on trial) when it was the time to do so... but the 1-2 months thing seems like a bunch of b.s. but we shall see.
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VLJ, BVA, says decision in 1-2 months... that was almost one month ago.
Supposedly sped up for hardship, due to extremely bad health.
after 20 years since the first filing.. and then 10 years after more VA disability claim filings...
Issues
Currently on appealRemand
- Service connection, myositis
- Service connection, Major depressive disorder
- Service connection, Irritable bowel syndrome
- Service connection, Eczema
- Service connection, Parkinson's disease
- Benefits as a result of VA error (Section 1151)
ClosedGranted
- New and material evidence to reopen claim for service connection, Irritable bowel syndrome
- New and material evidence to reopen claim for service connection, Eczema
- New and material evidence to reopen claim for service connection, Parkinson's disease
- Service connection, Limitation of leg motion (flexion)
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On 6/4/2012 at 11:40 AM, john999 said:
Retiredat44
I found a piece of paper and based on that paper I filed a CUE. I hope that piece of paper will pay me. I am trying to find some medical notes that I know existed in 1971. I don't know if they exist today. They were mentioned in prelude to a courts martial, so I know they once existed. It might help me in another fight I am getting ready to start. A very careful reading of your C-File is the place to start especially if you have an old case. In the old cases they just ignored evidence and excluded what they did not agree with which is violation of due process and possible CUE.
I took some papers out of my files, that I had already sent them, when new, and again sent them in and the judge counted them as new evidence, some of these papers are 20 years old... they just never read what I gave them..
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On 4/8/2019 at 6:13 AM, Berta said:
I assume this might be your remand:
in part:
"With respect to the issue of entitlement to compensation based on the provisions of 38 U.S.C.A. § 1151 for a pancreas procedure or surgery complications, to include necrotizing pancreatitis disease, splenic vein thrombosis, muscle wasting, shaking, tremors, and inability to walk, a VA examiner in August 2016 opined that the Veteran's chronic pancreatitis was not due to negligence from VA treatment. 08/17/2016 VA Examination (DBQ Medical Opinion), at 8. However, it is not clear from the VA examination whether the chronic pancreatitis was due to an event not reasonably foreseeable. The August 2016 VA examiner remarked that the "resultant complications . . . are known sequelae of such interventions," but in the same examination she also stated that the chronic pancreatitis developed "as a result of events [that] were not reasonably foreseeable." Id. (emphases added). Accordingly, the Board finds that an additional addendum is necessary to obtain a clarification as to whether the Veteran's chronic pancreatitis was due to an event not reasonably foreseeable. Additionally, on remand, outstanding, pertinent VA treatment records should be obtained.
Accordingly, the case is REMANDED for the following actions: (This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c). Expedited handling is requested.)"
https://www.va.gov/vetapp17/files6/1732184.txt
There was a lot more to the remand.
This is key-
"However, it is not clear from the VA examination whether the chronic pancreatitis was due to an event not reasonably foreseeable. The August 2016 VA examiner remarked that the "resultant complications . . . are known sequelae of such interventions," but in the same examination she also stated that the chronic pancreatitis developed "as a result of events [that] were not reasonably foreseeable." Id. (emphases added). Accordingly, the Board finds that an additional addendum is necessary to obtain a clarification as to whether the Veteran's chronic pancreatitis was due to an event not reasonably foreseeable. Additionally, on remand, outstanding, pertinent VA treatment records should be obtained."
The complication of necrotising pancreatitis was due to the actual ERCP. This would be th focus of any IMO/IME doctor-
"The August 2016 VA examiner remarked that the "resultant complications . . . are known sequelae of such interventions," yeah that is why many lawsuits occurred.
As I my past posts and research I posted here long ago-doctors were not performing this procedure correctly.
"Accordingly, the case is REMANDED for the following actions: (This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c). Expedited handling is requested.)" August 2017 BVA decision.
I dont know if that expedited sttement is due to hardship-maybe it is the same thing.
There was a lot more to the remand, and this is one reason why it is taking so long.
Update:
Hi,
The VA GI clinic that did my pancreas operation and procedures, where I Lived for 6 months wrote an IMO, that states the complications 'more likely than not' caused by the procedure (cutting the billary tube while doing a fine needle aspiration) at the VA. I wrote a letter to a doctor who saw me every day for 6 months and it turned out he had moved, but then the clinic contacted me back and told me they would write an IMO for me. So they sent it, I sent it to the BVA judge a couple months back. FYI
I also sent the judge (a year ago, a doctor statement from a dental surgeon that the teeth were destroyed by intestinal disease.) The BVA judge had asked why I didn't get help by the VA, I told him I tried many times but was told no and to leave.
Might be more, but for now...
so, the BVA judge is working on the decisions, and no longer is anything in remand.
Steven
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2.5 years ago I posted this and it probably really happened 6 months, or more, before I found out... If anyone wants a timeline for their own case.. I have no clue if mine is normal, abnormal, or???? Like I said, if you don't have problems before, you will after....
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Today I received a call from the GI clinic that did my pancreatitis (necrotizing Pancreatitis operation/procedure) Ja Lolla California, San Diego VA Hospital. I had written a letter to the doctor who was one of my GI doctors who took care of me during my six months as an inpatient after the pancreatic procedures that went wrong. He had left the USA last year. But the doctors in the GI clinic got my letter and wrote me an IMO (Independent Medical Opinion on my behalf).They told me they are mailing it today Yes, it is July 3, 2019, tomorrow is a holiday. I should have the letter by Saturday ? I will take this IMO and get it the BVA second I get it. I was told it was written properly with the correct IMO wording 'More than likely' is written into the IMO. I still have 2 weeks before my deadline is up for returning evidence. I thought I would post this in my thread, as I will give credit were credit is due.
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8 hours ago, asknod said:
.................. I will never do Videoconferences again-ever. I did one for my Vet in Puerto Rico with the VLJ in DC and myself and my interpreter sitting in Seattle in July 2018. We lost the connection twice in an hour. The San Juan camera was 10 feet away from my clients. At a TB hearing, you and your client are 3 feet away from the Judge. They say a picture is worth a thousand words. A TB hearing is one thousand times better. Personally presenting the IMO is the icing on the cake. They can't help but look it over right there while you're giving your brief. Believe me when I say they remember you at the next TB hearing. Gaining the trust of the Judge is very hard. A lot of VSOs come in and say all manner of crap- with none of it helpful. They beg for benefit of the doubt when they have no evidence. I've seen one use the f word right to the Judge's face in a transcript. Bad idea. ............
l
I did the in person BVA hearing with my POA in the room, and the video taping and recording equipment kept breaking down, so they kept stopping my hearing.... so, even with a live hearing, they will find a way to screw...... my judge was a good guy,,, he was just doing his job, but I fear they have been draggin it on for several years and by the time they finish he will have been long gone and someone that has no clue will take his place... no mind reader, but the first judge was good to me.... now they are spending year sin appeals and digging up medical opinions for the VA. Just paranoid.......
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from what I understand, lawyers will not help unless they are almost sure they will win. And Will not take cases that take a long time. At least that is what I went through.
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Nightmare.. so,, there is an, appeals POA (office that does appeals only), my POA sent me to help me finish with the BVA appeals... and I was trying to get a letter from one of my doctors that was working for both UC San Diego medical school and the VA as a Gastroenterologist. So, it looks like he just quit there recently, and looks like he is working in the Middle East at some medical University. So, it looks impossible to get in contact with him without looking like a stalker. He could have really helped with a letter about the causes of my health problems, as he was one of my doctors when I was an inpatient for 6 months. he was one who had linked the chemicals to the pancreatitis. he did on his own, as they interrogated me asking what I worked with before I got sick. Lucky me..... my doctor goes to the United Arab Emirates to probably get paid a fortune. So, no way to ask him for the letter. The VA revolving door bites us again.
I don't remember the other doctor's names... even if I did it has been a long time and I would look like a stalker from trying to contact people from a long distance search. They could have written down the conversation where they kept asking me what I worked with and how they affected my health while on active duty.
I thought the BVA would finally just help me, but now they are getting more opinions I guess. The VA really plays dirty. They will not stop until they try everything to stop me from getting full benefits. I still fee confident I can win but the extra time, and misery really hurts.
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I am getting positive and negative on whether this is good....
I sent a message to my surgeon from 10 years ago, waiting to see if he calls me back... I am going to see if he will write me a small IMO.
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I received a copy of the VA medical opinion on my 1151 for necrotizing pancreatitis (in my PO Box), and a notice that I have 60 days to submit additional evidence.
copy of the letter, with private info blocked. I sent info to my POA. Doing this while really sick totally sucks. (sorry for injecting my own take).
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On 5/15/2019 at 4:48 AM, Buck52 said:
You may want to go see the Hospital Director about how your treated in your new VAMC ,how the Dr's are neglecting your questions ect,,,ect,,,
We got a new director and his office door in always open to us vets if we have problems with anything, he gets things done hopefully yours will too.
I think next month congress is suppose to pass the outside free care for us veterans that are having problems the VA s not addressing..but as always we will have to wait and see?
I really want to report some problems with the Oregon VA Hospital and doctors, but I need to wait for my claim to get through... I have a horrible story of abuse from them... but, I don't want anything to interfere with my claims.... I am not sure if it would affect them, but am afraid someone could screw me for talking about what they did and got a way with...
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I suggest, if you have a POA, having them fax it to the VA. that way there are records of it. Like it was said, proof of it being received. Then the issue of the va reading it, evidence, etc. IMHO
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After all these years of hell, suffering and more hell... I see progress in the updates for my BVA case.... but, this is the my news for this morning on va.gov
QuoteMy HealtheVet is temporarily offline for routine maintenance. We should be back online soon. Thank you for your patience.
I read the comments and encouragement, but I don't answer all. The last bit yesterday looked like it advanced a tidbit more...
How to set Forum profile options?
in Technical Support For Forum
Posted
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