retiredat44 Posted September 14, 2010 Share Posted September 14, 2010 Got the white envelope today -DENIED will post more later.. Link to comment Share on other sites More sharing options...
retiredat44 Posted September 15, 2010 Author Share Posted September 15, 2010 I called for an appointment with my VSO, and found out, he is no longer there and moved to a new job, a promotion.. and they told me they don't have room for me until hanuary.. I have to file an NOD,, they gave m the name of another person I could see sooner a hour from me,, the office I have been working with is only 10 minutes away.. I got the NOD form and filled it out,, I am going to probably just go file it myslef,, as I don't ffeel like waiting to file it.. I will then try to get an appoinemnt with the a new rep at American Legion. I really want to keep my claims with the same outfit, but, I am not waiting to keep these file rolling! My brain can't handle al this. now I have to go drive around on morphine.. whoopeee.. NOT!! Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted September 16, 2010 HadIt.com Elder Share Posted September 16, 2010 Get a Lawyer. Piss on that Service Organization obviously their agenda is to help themselves Link to comment Share on other sites More sharing options...
retiredat44 Posted September 16, 2010 Author Share Posted September 16, 2010 Take this decision to your private doctor to rebutt each point the VA used to deny your claim. This would be new evidence. This is how you win these claims that are all based on the medical evidence. Don't ship it off to the BVA without gettting new medical evidence. Every time I got denied I went right back to my doctor and had him review the denial "reasons and basis" and rebutt it. I would ask for a personal hearing after I get the new evidence. They never used the evidence I got in an IMO, they only looked at Jet Fuel... my IMO was for all of the chemicals I worked with... again, I have the evidence from a private specialist.. the VA only looked at JP-4 . Note: I already hyave a rating of 50% from these same chmicals. I went to the American Legion, who rpresents my claim, and they helped me file an NOD. I asked them why the VA only looked at Jet Fuel, and never looked at the diseases caused by Leaded Gasoline, Diesle, and Trichloehtylene. My IMO covered al these, yet the decision only included Jet Fuel. I was told I am going ot have to wait until VA claims sends me forms to submit evidence to ask why they ommited and disrearded the other chemicals and my proof and IMO. I was told it takes about a year to get the hearing.. I wil then jump on their SH*T asking why they ommited the evidence for those issues. No one can/will0 explain why they did what they did. I was totally screwed over and am extrmely angry at the scumbags at the VA who screwed me! They totally ommited part of the claim and the evidence for the claim! This should go the hightest levels for corruption! Link to comment Share on other sites More sharing options...
Berta Posted September 17, 2010 Share Posted September 17, 2010 Wait for What forms? Did the VA acknowledge the IMO at all? Perhaps the IMO doctor can provide a good rebuttal for what they said in the SOC. Am I the only person here who sees the statement of admission of malpractice from the VA itself in what this vet posted? Did the IMO doctor consider that statement? Or did you somehow acquire the pancreatitis (necrotizing) prior to the endoscopy and the VA perhaps denied a past 1151 claim on that? "Last time I talked to my VSO he said even if we have to go the media to expose what what the damage and illness the chemicals did to me.." What about the damage -per the SOC- that the VA did to you? The SOC said"1 . The previous denial of service connection for chronic pancreatitis (previously claimed as intestinal disorder, irritable bowel syndrome, gastritis) secondary to chemical exposure to lP-4 jet fuel is confirmed and continued. " of course it was denied- This is malpractice: "The VA examination shows a diagnosis of status post necrotizing pancreatitis secondary to endoscopic retrograde cholangiopancreatography with residual chronic pancreatitis.' Or maybe I am just going nuts. Link to comment Share on other sites More sharing options...
Berta Posted September 17, 2010 Share Posted September 17, 2010 I guess I am not going nuts: “An elevation in the serum amylase concentration is common after ERCP, occurring in up to 75 percent of patients; in comparison, acute clinical pancreatitis (defined as a clinical syndrome of abdominal pain and hyperamylasemia requiring hospitalization) is much less common [1]. Nevertheless, acute pancreatitis is the most common serious complication of ERCP [2]. It accounted for more than one-half of complications of endoscopic sphincterotomy in two large series [3,4], and for 23 out of 39 malpractice claims for compensation due to post-ERCP complications, including seven of nine that were fatal, in a Danish report [5]. Similarly, in an analysis of 59 ERCP lawsuits in North America, 30 cases and 6 of 15 deaths involved pancreatitis [6].” http://www.uptodate.com/patients/content/topic.do?topicKey=~xVx8xkDK.rEyEnv If the VA performed the ERCP you should file under 1151 for the pancreatitis and all secondary conditions that are directly due to the pancreatitis- which would probably be any post ERCP intestinal problems, etc. There is considerable info on the net as to these conditions and medical errors that can cause this situation from a ERCP. I am basing this advise only on what I see here in your posts and I am assuming the VA gave you the ERCP. There could be a lot more to this but I dont know. I also am assuming you are past the FTCA time limits. I cannot understand how the IMO doctor and the vet rep missed this. Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted September 17, 2010 HadIt.com Elder Share Posted September 17, 2010 Do like Pete said and get a lawyer. Your claim is way above the pay grade of the American Legion. You do the NOD and then get a lawyer. This is the best advice any of us can give you along with what Berta said. Link to comment Share on other sites More sharing options...
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retiredat44
Got the white envelope today -DENIED
will post more later..
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