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retiredat44

Senior Chief Petty Officer
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  1. Like
    retiredat44 got a reaction from Vync in What has the Supreme Court said about (CUE) Clear and Unmistakable Error   
    it just occurred to me that those looking for hospital records from civilian hospitals, in the State of California, if you have not been a patient there for 7 years, they are no longer legally responsible to keep your records. You can go to their records and find out. THis may not still be the law, as I haven't looked into it in many years. Hope it helps someone.
  2. Like
    retiredat44 got a reaction from Jake206th in Va Disability Claim Error Rate Hits 26 Percent In Oakland Regional Office   
    One of the big problems, IMHO, is that the morons (people who work the claims) who screw up never pay any price for ruining disabled vet's lives.. the people who screw up continue with screwing up more people and probably going up the food chain, with raises, vacations, etc, while the poor vets are either limping around, homeless, or says 'F' it! and kills themself..

    If they had an 'intake' process where you could actually present your claim to someone that actually cared, instead, you give it to someone who looks like they just got off a greyhound bus, who has this 'F' I wish I wasn't here, in there eyes, and don't cross the yellow line on the floor with a rubber stamp next to a copier... if you could say hey, I have this problem, and while I served, so I need to know if this form is correct, and is this the right form, etc.. instead... you get a form, say, hey I still have a broken ass, or still lead in there, from all that work, and then they take two years to tell you denied, and then you say can I talk to someone in another 2 years, to tell your story, at that point 2 or 3 years has passed... and that condition you came in with is now terminal and you are counting the days and weeks until you either get your appeal, or you die, which ever comes first... and if they don't understand your claim, why the hell don't they pick up the frakkin phone, call and ask to clarify something, instead of the deny rubber stamp!!

    So, let's put a system in place that everyone who screws some vet out of their claim, gets fired or demoted... and those that actually care get to stay and maybe even raises and vacations...
    If they actually do catch fraud they get some award for doing their job correctly...

    When they process the claim they should have to sign an affidavit that says they actually read the evidence... period...
    lying sacks of $%%%##@..

    The anger and resentment they foster is biblical....
  3. Good One
    retiredat44 got a reaction from Whodat in Va Disability Claim Error Rate Hits 26 Percent In Oakland Regional Office   
    One of the big problems, IMHO, is that the morons (people who work the claims) who screw up never pay any price for ruining disabled vet's lives.. the people who screw up continue with screwing up more people and probably going up the food chain, with raises, vacations, etc, while the poor vets are either limping around, homeless, or says 'F' it! and kills themself..

    If they had an 'intake' process where you could actually present your claim to someone that actually cared, instead, you give it to someone who looks like they just got off a greyhound bus, who has this 'F' I wish I wasn't here, in there eyes, and don't cross the yellow line on the floor with a rubber stamp next to a copier... if you could say hey, I have this problem, and while I served, so I need to know if this form is correct, and is this the right form, etc.. instead... you get a form, say, hey I still have a broken ass, or still lead in there, from all that work, and then they take two years to tell you denied, and then you say can I talk to someone in another 2 years, to tell your story, at that point 2 or 3 years has passed... and that condition you came in with is now terminal and you are counting the days and weeks until you either get your appeal, or you die, which ever comes first... and if they don't understand your claim, why the hell don't they pick up the frakkin phone, call and ask to clarify something, instead of the deny rubber stamp!!

    So, let's put a system in place that everyone who screws some vet out of their claim, gets fired or demoted... and those that actually care get to stay and maybe even raises and vacations...
    If they actually do catch fraud they get some award for doing their job correctly...

    When they process the claim they should have to sign an affidavit that says they actually read the evidence... period...
    lying sacks of $%%%##@..

    The anger and resentment they foster is biblical....
  4. Like
    retiredat44 reacted to Buck52 in covid vaccine/When will they start giving Veterans the shot?   
    All I can find from the VA is this  from the VA.
    ''Stay informed and help us prepare''
    Sign up for an easy way to stay informed about our COVID-19 plans.
    When you sign up, we'll also ask about your interest in getting a vaccine when one is available to you. By sharing your interest, you can help us better prepare as we work to offer vaccines to more Veterans.
    Note: You don’t need to sign up to get a vaccine.''????
    Sign up to stay informed   what do they mean sign up?  were all already sign up????
    i Realize the health personnel needs to get the vaccine first and foremost but seems this is taking way to long .
      (if the vaccines are available?)
    All us old vets  OVER 65 need to get this vaccine ASAP.
    Anybody heard anything???
  5. Sad
    retiredat44 got a reaction from blahsaysme2u in Letter from Former Employer?   
    I kept getting told no, they will not help me with tdiu, said I didn't qualify, this went on 20 years.. I filed 10 years ago, and they denied me, and still deny me, now they want a history of my last employer. That was in 1995. They no longer have that office, and I was a temp for that agency, because I was to sick for a regular job. The temp agency no longer uses offices and is mostly online, and so my POA just said write a statement that I was working for a temp agency that no longer has that office and is online, and that the company I did the work for was not my employer. The VA just kept demanding I give them info that is impossible. There is no office for that agency, and it was all the way back in 1995. This is not a question, just an example how they mess with people until you go insane.... they will pull every dirty trick they can at the va...  One more thing,,, My POA asked I get a doctor's note. Even though I have solid disabled past for three decades. My Doctor wrote that 'it is obvious I '(my name ) am unemployable', and 'the va will not give veterans TDIU unless they cannot walk, talk, and breathe', or something to that effect for me to give back to the VA. He is runs the va clinic I go to.
  6. Like
    retiredat44 got a reaction from Kelly Severance in IBS presumtive?   
    Similar to mine, I had gastroenteritis, and hospitalized, and also other problems, sick from chemicals, a few times, all in my records, but they to this day refuse to link the gastroenteritis to anything including my ibs, and pancreas disease.. even though it is all documented by doctors. They will most likely fight you and you have to try to get IMO's, as they fight you.... and it is a really hard thing to get acknowledged, they fight you like they are getting a million dollars for every person they deny.  I haven
    ' read anything else yet on your battles with the va.... I can say, through my experience, no one with the va will help you. At least in any significant way. YOu will have to take them on and unless you already see a win, start the long fight, and start looking for doctors who can back your story. Good luck!  It will be a full time job.
  7. Like
    retiredat44 got a reaction from vetquest in Not listing all of your symptoms   
    https://www.disabilityadvisor.com/five-common-mistakes-in-va-disability-claims/
     
    I did list my symptoms back in the 1990's, the BVA judge in the last few years asked me about those claims and why I worded them the way I did, and told him I Knew I was sick and the doctors were not quite sure... about the diagnosis of each,,, but I at least claimed the symptoms, of course the RO denied me and 10 years later I had firmer diagnosis on the same symptoms... so I did do exactly as they say to do.. but the only va office which took my claims seriously was at the BVA decades later... I thought I would post this here, the article and link and it might help others, to not overlook claiming health issues even if you don't know the exact diagnosis of your health issues. It may get denied, but at least it is in the records. IMHO
  8. Like
    retiredat44 got a reaction from paulstrgn in Not listing all of your symptoms   
    https://www.disabilityadvisor.com/five-common-mistakes-in-va-disability-claims/
     
    I did list my symptoms back in the 1990's, the BVA judge in the last few years asked me about those claims and why I worded them the way I did, and told him I Knew I was sick and the doctors were not quite sure... about the diagnosis of each,,, but I at least claimed the symptoms, of course the RO denied me and 10 years later I had firmer diagnosis on the same symptoms... so I did do exactly as they say to do.. but the only va office which took my claims seriously was at the BVA decades later... I thought I would post this here, the article and link and it might help others, to not overlook claiming health issues even if you don't know the exact diagnosis of your health issues. It may get denied, but at least it is in the records. IMHO
  9. Like
    retiredat44 got a reaction from paulstrgn in Big news for me after so many years so many stuggles!   
    when my decision(s) are written in stone and it is all really true and not mistake or dream, I have a few things to say about some issues, whether or not what I will say can help others, I hope so. Actually, what I have to say has already been said by many people in here and other places.
     
    1-If you can, even if it is hard, get your documents gathered and organized. Some places can destroy or throw records out after some time passes, then the documents are gone forever. (keep multiple copies in different places and keep them save. Hard copies are best, a digital copy is always great.)
    2-be good to people at the hospitals and clinics, they might write something down someday that hurt or help you.
    3-Preserve dates (filing dates, appointments, etc.)
    4-the vso's are (or were the last time I was at some of them) flooded with veterans filing claims adding to the backlog, and the vso's often don't know much about anything, except maybe some forms. Also, go with your want and needs, within reason, if they say they will not help you with a claim of some type, get another one if you think you can win.
    5- even though I have some advice about writing down names and dates a out who said what, I screwed up several times and didn't write down names, dates, and needed those.
    6-the hospitals write down everything you do, at least as an inpatient. Everything you do and say, no matter how insignificant, paltry, stupid, etc. I know, I got some copies and read some. I made some stupid comments, dry humor and they wrote it down, a waste of time and paper and pencil. But they did take detailed notes.
    Lots of stuff to say, but will wait until later. You are at the mercy of many other people. You are under a microscope, the va will use anything they can against you.
    stop for now..
     
  10. Like
    retiredat44 got a reaction from paulstrgn in Big news for me after so many years so many stuggles!   
    it is normal for me to wake up in the middle of the night,,, worry about the nightmares... taking meds.... but I checked and it was there... but not out of the woods yet,,, until al the pieces fall into place, etc....
    after it is all locked down... I can share little tidbits of info... nothing really informative, but just info and experience.
    I can say I wish I had filed more claims and appeals 10 years earlier... but they kept telling me the pain had reason,,,,,, or it was ibs... etc... I can also say, do not rely on anyone else... to the new  vets who are doing this the first time...
    get all your documents..... even if you think you might not even need them, get them before the doctors throw them away if you don't see them again....
    there is a big leap for those of us that have to stop working.... the stop working is not just that we stop working, it is we cannot, we are going down , on the ground and being kicked as the world goes by....
    you cannot say I am thinking about stopping work because this injury is to much,,, too much suffering... because when you go to disability, any disability state, federal, va, etc... and they have 20,000 claim files, you are # 20,001. None of the people you talk to are doctors, they have no clue. We are not doctors, so there could be a lot of miscommunication. Dates are important, even if al your ducks are not in the row, don't worry, you will have plenty of time to move the ducks.
     
    The judge had a 1st question, it was did this happen on active duty on the job, at work, etc.
    Some of my stuff happened on active duty but got worse.
    Some people the injuring illness stuff happens and develops years later.
    I was already rated for injuries when I went into these issues. These claims.
    My situation was unique, as looking at the
  11. Like
    retiredat44 got a reaction from Vync in Big news for me after so many years so many stuggles!   
    when my decision(s) are written in stone and it is all really true and not mistake or dream, I have a few things to say about some issues, whether or not what I will say can help others, I hope so. Actually, what I have to say has already been said by many people in here and other places.
     
    1-If you can, even if it is hard, get your documents gathered and organized. Some places can destroy or throw records out after some time passes, then the documents are gone forever. (keep multiple copies in different places and keep them save. Hard copies are best, a digital copy is always great.)
    2-be good to people at the hospitals and clinics, they might write something down someday that hurt or help you.
    3-Preserve dates (filing dates, appointments, etc.)
    4-the vso's are (or were the last time I was at some of them) flooded with veterans filing claims adding to the backlog, and the vso's often don't know much about anything, except maybe some forms. Also, go with your want and needs, within reason, if they say they will not help you with a claim of some type, get another one if you think you can win.
    5- even though I have some advice about writing down names and dates a out who said what, I screwed up several times and didn't write down names, dates, and needed those.
    6-the hospitals write down everything you do, at least as an inpatient. Everything you do and say, no matter how insignificant, paltry, stupid, etc. I know, I got some copies and read some. I made some stupid comments, dry humor and they wrote it down, a waste of time and paper and pencil. But they did take detailed notes.
    Lots of stuff to say, but will wait until later. You are at the mercy of many other people. You are under a microscope, the va will use anything they can against you.
    stop for now..
     
  12. Like
    retiredat44 got a reaction from Vync in Big news for me after so many years so many stuggles!   
    it is normal for me to wake up in the middle of the night,,, worry about the nightmares... taking meds.... but I checked and it was there... but not out of the woods yet,,, until al the pieces fall into place, etc....
    after it is all locked down... I can share little tidbits of info... nothing really informative, but just info and experience.
    I can say I wish I had filed more claims and appeals 10 years earlier... but they kept telling me the pain had reason,,,,,, or it was ibs... etc... I can also say, do not rely on anyone else... to the new  vets who are doing this the first time...
    get all your documents..... even if you think you might not even need them, get them before the doctors throw them away if you don't see them again....
    there is a big leap for those of us that have to stop working.... the stop working is not just that we stop working, it is we cannot, we are going down , on the ground and being kicked as the world goes by....
    you cannot say I am thinking about stopping work because this injury is to much,,, too much suffering... because when you go to disability, any disability state, federal, va, etc... and they have 20,000 claim files, you are # 20,001. None of the people you talk to are doctors, they have no clue. We are not doctors, so there could be a lot of miscommunication. Dates are important, even if al your ducks are not in the row, don't worry, you will have plenty of time to move the ducks.
     
    The judge had a 1st question, it was did this happen on active duty on the job, at work, etc.
    Some of my stuff happened on active duty but got worse.
    Some people the injuring illness stuff happens and develops years later.
    I was already rated for injuries when I went into these issues. These claims.
    My situation was unique, as looking at the
  13. Like
    retiredat44 got a reaction from Vync in Big news for me after so many years so many stuggles!   
    I originally tried to file the 1151 with a vso and they told me no.... I did that on my own..
    I don't have a rating yet, at least I don' think so I just looked on my VA/BVA status
    With my current rating and add these.... and I should be good... I am freaking out (inside my head at 3:20 a.m.)
    I cannot express much yet, until it is written in stone. as I have a few things to say, not sure if it is wisdom, learning curve, or advice...
     
    for now I will leave With Thank you! I truly believe this website (cold way f of putting it,, I mean the people here played a large part). And actually the people here were way ahead of me, and I should have moved sooner on the advice given. But alt he advice here is like taking a full law course for several years, with humor, and a kick in the butt and the good and bad people share all contribute. I am rambling freaking out!  Thank you to all, and I hope my struggle gives everyone hope that has a wild and crazy health history that a lot of people said I probably could not do it, but the people that ran the site said the 1151 is good. YOu are 200% right. Thank you !
    Steve
    btw,
    My wonderful daughter, whom had to pay for their schooling through huge student loan debts, because I had no money, comes to visit for a bit tomorrow. I can tell here there is even a better possibility now of the va paying for here school debt, because they denied me while she was in college al these years, she will have two Masters degrees in her 20's, in a few more months, and owes lots of money for those student loans. She makes good money but owes a fortune. This, I hope will pay retroactive? lots of stuff I don't yet understand... I better shut up and freak out by myself for a while... good night all!
  14. Like
    retiredat44 got a reaction from Vync in Big news for me after so many years so many stuggles!   
    The Board made a decision on your appeal
    The Board of Veterans’ Appeals sent you a decision on your appeal. Here’s an overview:
    Granted
    The judge granted the following issues:
    Service connection, Major depressive disorder Benefits as a result of VA error (Section 1151)  

  15. Like
    retiredat44 got a reaction from Holllie Greene in Big news for me after so many years so many stuggles!   
    I originally tried to file the 1151 with a vso and they told me no.... I did that on my own..
    I don't have a rating yet, at least I don' think so I just looked on my VA/BVA status
    With my current rating and add these.... and I should be good... I am freaking out (inside my head at 3:20 a.m.)
    I cannot express much yet, until it is written in stone. as I have a few things to say, not sure if it is wisdom, learning curve, or advice...
     
    for now I will leave With Thank you! I truly believe this website (cold way f of putting it,, I mean the people here played a large part). And actually the people here were way ahead of me, and I should have moved sooner on the advice given. But alt he advice here is like taking a full law course for several years, with humor, and a kick in the butt and the good and bad people share all contribute. I am rambling freaking out!  Thank you to all, and I hope my struggle gives everyone hope that has a wild and crazy health history that a lot of people said I probably could not do it, but the people that ran the site said the 1151 is good. YOu are 200% right. Thank you !
    Steve
    btw,
    My wonderful daughter, whom had to pay for their schooling through huge student loan debts, because I had no money, comes to visit for a bit tomorrow. I can tell here there is even a better possibility now of the va paying for here school debt, because they denied me while she was in college al these years, she will have two Masters degrees in her 20's, in a few more months, and owes lots of money for those student loans. She makes good money but owes a fortune. This, I hope will pay retroactive? lots of stuff I don't yet understand... I better shut up and freak out by myself for a while... good night all!
  16. Like
    retiredat44 got a reaction from GBArmy in Big news for me after so many years so many stuggles!   
    I originally tried to file the 1151 with a vso and they told me no.... I did that on my own..
    I don't have a rating yet, at least I don' think so I just looked on my VA/BVA status
    With my current rating and add these.... and I should be good... I am freaking out (inside my head at 3:20 a.m.)
    I cannot express much yet, until it is written in stone. as I have a few things to say, not sure if it is wisdom, learning curve, or advice...
     
    for now I will leave With Thank you! I truly believe this website (cold way f of putting it,, I mean the people here played a large part). And actually the people here were way ahead of me, and I should have moved sooner on the advice given. But alt he advice here is like taking a full law course for several years, with humor, and a kick in the butt and the good and bad people share all contribute. I am rambling freaking out!  Thank you to all, and I hope my struggle gives everyone hope that has a wild and crazy health history that a lot of people said I probably could not do it, but the people that ran the site said the 1151 is good. YOu are 200% right. Thank you !
    Steve
    btw,
    My wonderful daughter, whom had to pay for their schooling through huge student loan debts, because I had no money, comes to visit for a bit tomorrow. I can tell here there is even a better possibility now of the va paying for here school debt, because they denied me while she was in college al these years, she will have two Masters degrees in her 20's, in a few more months, and owes lots of money for those student loans. She makes good money but owes a fortune. This, I hope will pay retroactive? lots of stuff I don't yet understand... I better shut up and freak out by myself for a while... good night all!
  17. Like
    retiredat44 got a reaction from 63Charlie in Big news for me after so many years so many stuggles!   
    The Board made a decision on your appeal
    The Board of Veterans’ Appeals sent you a decision on your appeal. Here’s an overview:
    Granted
    The judge granted the following issues:
    Service connection, Major depressive disorder Benefits as a result of VA error (Section 1151)  

  18. Like
    retiredat44 got a reaction from ShrekTheTank in Big news for me after so many years so many stuggles!   
    I originally tried to file the 1151 with a vso and they told me no.... I did that on my own..
    I don't have a rating yet, at least I don' think so I just looked on my VA/BVA status
    With my current rating and add these.... and I should be good... I am freaking out (inside my head at 3:20 a.m.)
    I cannot express much yet, until it is written in stone. as I have a few things to say, not sure if it is wisdom, learning curve, or advice...
     
    for now I will leave With Thank you! I truly believe this website (cold way f of putting it,, I mean the people here played a large part). And actually the people here were way ahead of me, and I should have moved sooner on the advice given. But alt he advice here is like taking a full law course for several years, with humor, and a kick in the butt and the good and bad people share all contribute. I am rambling freaking out!  Thank you to all, and I hope my struggle gives everyone hope that has a wild and crazy health history that a lot of people said I probably could not do it, but the people that ran the site said the 1151 is good. YOu are 200% right. Thank you !
    Steve
    btw,
    My wonderful daughter, whom had to pay for their schooling through huge student loan debts, because I had no money, comes to visit for a bit tomorrow. I can tell here there is even a better possibility now of the va paying for here school debt, because they denied me while she was in college al these years, she will have two Masters degrees in her 20's, in a few more months, and owes lots of money for those student loans. She makes good money but owes a fortune. This, I hope will pay retroactive? lots of stuff I don't yet understand... I better shut up and freak out by myself for a while... good night all!
  19. Sad
    retiredat44 got a reaction from blahsaysme2u in Exposure To Jp-4, Jp-5, Jp-8 And Diesel Evidence   
    I got sick from petro chemicals on active duty and got sick (on active duty and later developed pancreatic disease along with the diseases you mentioned). My appeals went through the BVA and is the remand hamster wheel. If you want to discuss further let me know. Anyone  or those that know my posts, knows I have been in this fight for decades. I wish I had an outcome to help others, but until this is settled, I can't say what works. If I say something that is not 100% correct, or an opinion, it could cause others more pain, so I will wait until this is settled if ever. It should be very close as my BVA hearing with the judge was several years ago. He kept remanding my case back to the R.O. telling them to do their job. I am very jaded and bitter from the VA. But, I bet it is a high percentage that got this way from the B.S.
     
     
  20. Sad
    retiredat44 reacted to Carl the Engineer in BVA hidden secret   
    https://www.prnewswire.com/news-releases/korean-war-vet-denied-va-benefits-for-50-years-granted-his-retroactive-due--5-years-after-his-death-300970425.html
    Same story, but a little easier to read.  Of special note is that after winning the VA would not pay because of a missing signature. 
    That should tell you all you need to know about the VA,
    Hamslice
     
  21. Like
    retiredat44 got a reaction from Vync in VA Aim is to Privatize Health Care   
    I agree.... I would choose private if we could truly choose.... not those bogus choice we have now..
  22. Like
    retiredat44 got a reaction from vetquest in Dr. Ho, was my Pancreas and Liver doctor while I was an inpatient for 6 months at the va   
    I know this situation I became part of through no fault of my own, it must be extraordinary (I don't see how it can be seen as ordinary and even expected, and only possible through crazy and bad decisions made by people at the highest levels of our medical care), and even though the VA is a scandal in itself what it does to many vets.
     
    I have a, let me just call it a question, instead of calling it a call out for an opinion on how I could have handled this better, since I am not a lawyer and only have a VSO. I would have gladly taken a lawyer, but none would help (me in my case for claims for disability for my injuries an illness from working my jobs in the USAF on active duty and already rated at 60% for chemical and a bad knee) in all of the years of asking for help, in person, by phone, email, and referral, they all basically told me no, they all want their money fast, and a sure bet, so they all told me to pound sand. Even though I had already won some of my claims for the chemical exposure. because the USAF doctors on active duty had already made a case for my illness from chemicals for causing extreme welling, headaches,, and more. So, in the 1990's I got the 50% for the headaches, but the va claims denied the initial intestinal problems, even though I was hospitalized for gastritis on active duty..
    Then it turned out the suffering that caused me to stop working in my early 30's turned out to be at the very least gastritis and this lead to pancreatic disease, and then the failed procedures to help relieve, remove, work on a huge cyst on the head of my pancreas. The procedure failed, a second procedure failed within a couple day, and more time in the ICU fighting for my life, the doctors/surgeons were suppose to use a needle and rain that cyst, but instead cut into part of my pancreas and liver.
     
    Needless to go on six months in the a hospital fighting for my life, and permanent inoperable pancreas and liver disease. I also had a lot of unexplained internal bleeding and many, many issues, that left me on feeding tube and unable to eat, and no muscles left to walk and Parkinsons took over my body. Plus, much, much more. all permanent. I will never get better.
    To bring this to the crux of this entry, it turns out my main doctor who cared for me before during and after, who specializes in the pancreas and liver, was doing some unauthorized medical procedures, and I just found out when I attempted to contact the VA GI clinic that cared for me for a couple decades and also while I was an inpatient for six months. The clinic wrote me an IMO stating that 'it is more likely than not the fault of the VA procedures that caused me health problems in regards tot he pancreas. Also through more research, it turns out the doctor that worked on me for so very long, with a very close doctor patient relationship, well this doctor because the subject of a congressional investigation or causing veterans great harm for doing things to their livers and such while employed with the va (in the GI clinic) at the same time he care and worked on me. I also had unexplained internal bleeding and injuries under his care.
     
    I submitted a little information about this to my BVA appeal case, with references tot he story about this doctor, and the IMO from the GI clinic too. But, I am not sure if I should have gotten more references about this investigation, the congressional investigation for his wrongdoing while I was his patient, and much, much more. I do not know anyone personally, I only see what it published for al to see through the typical news sources, Internet, news papers,, forums. Should I have gotten more of these stories and printed them out whole, I only took out an excerpt with some references about the doctor. I do not know if the BVA will actually dig into this, look at only my info, etc. I don't know if the BVA is aware of this through their legal channels when a VA doctor goes bad, and the leave it to the patient to explain, or they use resources, or if they even care. I am just a sick patient, And it turns out that a doctor that worked on my for along time was doing bad things at the va to veterans, with my condition and a possibility I was a victim in different ways. Wil the BVA look at it this way, or say I didn't provide enough information about a doctor who went bad at the va, who was my doctor. Also (along with several more claims), I filed an 1151 claim (see differences between 1151 and a federal Tort) before I even found out about the doctor doing bad things, because they cut me up, when they were not suppose to and tried to call it a foreseeable accident when doing the procedure they do on the pancreas like mine was done. So, they just denied it at a lower level before it went up in the VA courts to the judge. Now it is at the top of the appeals, with judges. And also with more proof that the doctors who worked on me (for a very long time, months and years) were doing bad things, and the IMO from the VA clinic, is a medical opinion in my favor. Plus many other issues, including the Parkinsons that left me unable to care for myself, for along while. Plus, much more. As I see full benefits, at 60% going to 100% plus special compensation for extraordinary health issues which often mean you need at least part time care with help from others, including nurses at home. Or, at the least another person helping you with life. Seeing as to how they are dragging my appeals out for more than ten years. With a high possibility of dying before the VA makes a decision on my benefits. The doctors who kept me alive and help me get better told me many times, most people with necrotizing pancreatitis do not live more than a few years, and the next step in the disease is pancreatic cancer. Yet, they drag their feet, the years go by, waiting for the final decisions. The decisions on my veteran disability claims by the lower levels were done by people who don't care are overworks, have no medical training, and have a bad record, as far as getting their decisions right in a very small percentage of the claims they decide. Note, I saw the BVA judge in person in a hearing, but a Veteran's Law Judge. As I wanted to now risk a video hearing or such and not get my case across. Time is wasting, my health is horrific. I cheated death. I had this hearing almost four years ago. The VA/BVA does not communicate, they only communicate if there is a deadline for some document, in fact during the whole va disability claim filing process they do  not communicate, there is not person to communicate with, you just send document to them. There is very little proof they read anything or understand anything submitted. They give the veteran strict time limit to be met, but they have no time limits at al to the extreme. The VA only has to explain a ruling, after a decision, and it usually written in stone, but if you have either the legal ability and know how, or legal help, lawyer, etc, they system can be navigated, not always, but sometimes.
    And, or course to make it even harder, a lawyer will not help unless they are absolutely they are sure you will win and in a short period of time. And they make good money, one way or the others. The VA has service officers to help with filing claims, free, but you know what free gets you.
    The doctor who was my pancreas and liver doctor at the va in this investigation and Scandal (San Diego LaJolla, V.A. California ).
    https://timesofsandiego.com/military/2019/02/26/inewsource-san-diego-va-liver-study/?fbclid=IwAR0Dosm8cI7ZMMFiAOhcurVDKYZT-WGcsVWOefTBdfWER79Qo5HGKO4bk3o
    https://inewsource.org/2019/10/01/veterans-affairs-investigation-san-diego/?fbclid=IwAR3dIVQi4xECowjvEJpaaJYKBdq7M-hK9_mCCgw-6wWLrs7xkzTAl8-KjKg
     
    This doctor left the USA and will not answer to anyone about this case.
    This is also to posterity, no matter how this turns out.
    Plus my question(s) should I have done more research on this doctor and the congressional inquiry and the damage I suffered. I hope that the VA/BVA looks into this and take this care into account of me being a possible victim. Should I have dome more than an excerpt and link, and more names and tries t get more medical opinions, as I tried very hard, as the BVA gets medical opinions against you. They have deep pockets and resources.
    It has been forever, years, since BVA hearing, and decade plus since filing VA disability claims. Actually, my first claims were from the 1990's. Yes this is scandal section, but I am part of this being this doctors patient for a long time. 
    I read about a Writ of Mandamas , but no one said do it, or at least pushed, as usual it is scary filling out forms and wondering if you might hurt your case in some way. I have no way of knowing if I am weeks or years away from these decisions.
    I have a VSO here in Oregon, She specializes in the VA claims, in the appeals process, that at the BVA. I have no spoken to her for about 3 months. She helped me send in the info about my doctor in the scandal and much more. But, I have had my claims going for so many years, I have had problems 10 VSO's on and off my case, from people leaving, moving, retiring, and more. So, each on had to told my case from scratch and has been hell, being so sick and having so many documents they fill large boxes. To move them it take a wheeled dolly.
     
  23. Thanks
    retiredat44 got a reaction from 63Charlie in How long does a higher level review/CUE take?   
    I had a nock down drag out,,,, the vso says to me I didn't have to list all the chemicals, the va would,, but it turned out when I told them that it was several chemicals not just jet fuel the dro refused to listen,,, so after several years the judge at the bva made sure it listed al the chemicals, and everything was already reported to the doctors on active duty of the different chemicals I worked with (in my service records, plus I had to get more job descriptions and submit those explaining more about jobs that were already self explanatory to those people with brains.)... not just jet fuel, but al the petro chems plus TCE. so, I am still angry at the vso, for letting the va decide on their own what they thought i worked with by the job descriptions. Example fuels doesn't not mean fuel. But TCE was what we used to clean machinery of all types that had grease, even though the jobs was reprographics. The va will purposely twist facts and say there is no noise with a gun. And they will get away with it because of the corruption. Every step of the way they lied, misled and tried to screw me. And everyone else that files a claim will have someone at the va try to screw them. It can't be by accident.
  24. Thanks
    retiredat44 got a reaction from PostMan1988 in "A judge is reviewing your appeal" "Decision soon"   
    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.
  25. Confused
    retiredat44 got a reaction from GBArmy in VSO states they work for the VA not for ME   
    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.
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