How Many People Are Waiting On Appeal?

[retiredat44]

How many people are waiting on appeal, and how long has your appeal been pending for an answer of approved or denied?

I am in month 5.

Appeal sent in about Novemember 2009, with help of my VSO.

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[retiredat44]

Like some one has already said, this is sad. Please don't let anyone tell us that we have no patients. Personally, the Government should pay interest on retro pay. JMHO

Papa

I had a DRO hearing Dcember 8, 2010. I received my SSOC (Supplemental Statement Of Case) papers, around Januarly 28, 2010. I already had my forms for BVA appeal in place (I think that is Form 9 ? - for BVA if it goes that far) so that was already taken care of a long while back. I had one more piece of evidence to add (Neurolgoy took blood for a DNA test for Myotonic Dystrophy) early January 2011. The results were suppose to be ready by now (they said the results were only suppose to take about 6 weeks, so I hope if/when DRO goes through the latest records, the DNA test results are there for that one issue. I have about 6 issues in appeal.

Just waiting for whatever comes next.

BTW, my VSO told me that the DRO hearing audio tape would be used by the BVA if it goes that far... so I don't need to make any more tapes or go to any more hearings... it looks like if the DRO people deny, it continues straight to BVA.

I started this claim process through my VSO in 2008.

Edited February 27, 2011 by retiredat44

[Commander Bob]

Two years in appeal, and still waiting... Time for another R&R....

[carlie]

retired,

If it goes to BVA that will be 2-3 years before you get any answers.

[Capt.]

Hello Retired, I think your best bet will be the BVA also and it may as Carlie pointed out take 2-3 years. Have you found any BRAC Reports, Corps of Engineer reports, Center for Disease control, Agency for Toxic Substance and Disease Registry, the Environmental agency that overseeing your base/bases including state EPA? These agencies are just an important part of the evidence supplying part of the Pie . If you get some documented evidence from one of these concerning where you were stationed then it will help you substanciate your claim helping to connect the dots.

I see the DRO is trying to use your job description as the only way you could have been exposed. This needs to be nipped in the bud by a good IMO and the evidence above showing the chemical/chemicals were there. Any buddy statement at this point could help satisfy part of the DRO request if the buddy can say that you were handling the chemical or fuels. My lawyer saw thru this same ploy of job related and such and said that it had nothing to do with exposure as per the IMO and medical evidence. As long as you can show the chemicals were there, then thats all that needs to be brought forth. An IMO or environmental scientist can show that you do not need to directly handle the chemicals. Showing absorbtion, breathing , ingesting are other ways to be exposed.

The evidence I gathered from the agencies I listed above proved without any doubt that the chemicals were there. However as Berta and Carlie pointed out ,,,,,,,the DRO in the Regional Office will try and not connect any dots. So that will just about force you to get it to the BVA where they can and will read all of the evidence.

You have been patient and I know you are frustrated as I am but right now try and concentrate on what you have to do on gathering evidence submitting it. Above all though remember NEVER GIVE UP. God Bless, C.C.

Edited February 27, 2011 by Capt.Contaminate

[retiredat44]

Hello Retired, I think your best bet will be the BVA also and it may as Carlie pointed out take 2-3 years. Have you found any BRAC Reports, Corps of Engineer reports, Center for Disease control, Agency for Toxic Substance and Disease Registry, the Environmental agency that overseeing your base/bases including state EPA? These agencies are just an important part of the evidence supplying part of the Pie . If you get some documented evidence from one of these concerning where you were stationed then it will help you substanciate your claim helping to connect the dots.

...............

You have been patient and I know you are frustrated as I am but right now try and concentrate on what you have to do on gathering evidence submitting it. Above all though remember NEVER GIVE UP. God Bless, C.C.

Why would I need EPA reports? There is no disagreement about my contact with chemicals.. my jobs required me daily contat with chemicals.. I was soaked in them every day... I workeed with petroleum chmicals (known carcinigens) and was forced to cntinue working with them even after doctors gave my command orders removing me from working with them,,, the only changed me to a new job working with chemicals...

My skin and clothing were soaked with them daily... I was constantly at sick call suffering greatly with my body swollen like a ballon...

I was hositalized too from illness a couple times...

I had intestinal illness and brain damage on active duty... (headaches..) also had a concussion too form an incident.

I had neve damage and edema from massive swelling...

I had tremors and shaking and intolerable pain...

These are all in my active duty medical records..

I also got an IMO from a toxicolgist/doctor who specializes in petroleum chemicals.

Yet, the VA contunes to fight me...

Edited February 27, 2011 by retiredat44

[pacmanx1]

I had one more piece of evidence to add (Neurolgoy took blood for a DNA test for Myotonic Dystrophy) early January 2011. The results were suppose to be ready by now (they said the results were only suppose to take about 6 weeks, so I hope if/when DRO goes through the latest records, the DNA test results are there for that one issue. I have about 6 issues in appeal.

Unfortunately the DRO may not review new medical evidence, even if you tell them that there are new records in your file. Just be prepared to fight back.