Received Negative Decision, Filed An Nod, Question

[retiredat44]

Received a negative decision, filed an NOD. My VSO (Veteran service officer), told me that I could not files any statements with the NOD (he typed it up), only the NOD. MY question that I want to ask is why did they only rule on one out of 4 chemicals I got sick from and are clearly in my claim and IMO. They totally left out three chemicals I got sick from on active duty. he said I have to wait until they send the forms asking if I have more information to add to my claim. That may take 6 weeks.

I know I alreayd posted this in my claims denied thread, but I am not sure if I am going ot get any responses buried in that thread.

So, I guess we cannot get any questions answer on any aspects of the denied claim until there is a hearing?

I believe the people who did the claim purposely left out the information, or they lost part of my claim, or??

This is very serious, as if they just don't pay atttention and wite anything they want, how can they get away with that?

The VSO seems to think I need to bring in new proof, yet I say they purposely ignored proof.. so if they never used it, isn't it new, it should be re-applied and it can easily be shown the core of the case was fraudulently and not investigated. Just ignored.

To remind everyone , I worked and got sick from:

Jet Fuel,

Deisel,

Leaded gasoline,

Trichloroethylene

They only denied the whole claim on Jet Fuel, with no mention of the rest of the chemicals in the DENIED.

That was a huge ommitance. I want the Response in my hearing request to show the other chemicals were completely un addressed. Also, how and why were they left out? on purpose, stupidity?

Please, any ideas?

There is no question of whether or not I had contact, or questons of if I got sick..

the questions are health effects. Everything else was agreed when my records are reviewed showg illness contact, and my 50% current rating.

Thanx..

Edited September 20, 2010 by retiredat44

[Berta]

Larry-it looks like my assessment of the 1151 issue is gone from this thread.It included a BVA decision exactly like what the VA admitted to in this SOC.

My suggestions were completely ignored by retiredat44 and no one else picked up on it.

I know exactly how you feel.

Yesterday ,after trying to get info from a sick individual I know (non vet),and in the midst of lots of out of state company-

I found in mere seconds that this MH patient was treated with a med that there have been numerous lawsuits over, and many are still ongoing.

I took the time to even contact lawyers for them as they have a very valid basis for suit against Eli Lilly as well as their MH doctors and some lawyers I contacted want to hear from them right away.

They have developed a severe documented disability directly due to this medication (DMII) and 33 states have already filed suit as well as individuals against the drug manufacturers because the med was being prescribed to people with chronic depression but it is really for bi polar and schizophrenia and is know to cause DIABETES MELLITUS!!!

It is Zyprexa!

They said they would read the extensive downloaded material I sent them but don't know if they will contact a lawyer because they doubt I know anything about negligence ,personal injury and malpractice.

I gave them a week to contact a lawyer and then I will give up on them.

Lilly Co as been sued for Billions because this drug ( deliberately prescribed to Pts with depression and not bi polar,schizophrenia,also causes pancreatic problems and has contributed to deaths.

"And, before anyone gets all whacked outta shape about "my attitude" let me assure you that I do really want to help, but, the lack of motivation on someone else's part does not NOT constitute a desire for self-flagellation on mine."

I feel the same way.

Most of the time I spend at hadit is really spent instead by searching for info to support anything I say in a reply-and the above BVA case I mentioned in the missing posts took considerable time to find.

I am not going to be wasting that kind of time anymore because anyone here can search the net for info they need to support their claim.

Edited September 21, 2010 by Berta

[carlie]

retired,

Regarding this part of your last post,

" After review of your service treatment records and claim file, the examiner provided the opinion that you're your allergies, hands swell, and skin rash occurred while in service and were secondary to exposure to fuel, but there was no current skin condition

Therefore, the previous denial of allergies, hands swell, and skin rash is confirmed and continued because the evidence continues to show this condition was not incurred in or aggravated by military service. "

I would certainly continue to argue that these conditions should be granted as service connected even if they are non-compensable at this time.

Afterwards I would take myself to the VAMC or VAMC ER each and every time there is a flare-up and then request an

increase with that additional medical evidence.

38 CFR -

Sec. 4.31 Zero percent evaluations. In every instance where the schedule does not provide a zero percent evaluation for a diagnostic code, a zero percent evaluation shall be assigned when the requirements for a compensable evaluation are not met.[58 FR 52018, Oct. 6, 1993]

[Berta]

PS when the person I mentioned finally told me what med they were on- I recalled something here and searched it and this popped up :

Wings had posted this info here some time ago and the cost of these suits has risen considerably since then

[john999]

Retired

You need to fire the DAV and hire a lawyer. Your VSO is going to be your worst enemy by giving you incorrect information. Unless you can fly Larry to your house so he can represent you I would get a lawyer. Claims to do with chemical exposure always seem to get complicated. The more evidence you can get the better. If you have to get 5 IMO's then do it if you can afford it. Evidence, evidence, evidence is what wins claims!

That drug Zprexia, like all anti-psychotic drugs, have very powerful side effects. Some of the well known side effects such as Tardive dyskenisia can become permanent. This is the medical/chemical approach to all emotional illness. I hate it. The doctors always over prescribe this stuff. Seroquel is another ass kicking drug that is for bipolar and schizophrenia. It is not for sleep problems or anxiety. It is an anti-psychotic drug. I am talking about people who are crazy should be the only ones taking these drugs. Going all the way back to the thorazine type drugs these drugs are the alternative to being strapped down on a cot in a mental hospital. These drugs save lives but at a cost.

[retiredat44]

Sorry if it looks like I ignored something,,, I am really ina ness right now with the rest of my claims and life problems, and whent he time artises I wil look into other things... between illness, and the thopughts of just ending it all,,, or my health killing me first,, and the VA disability cclaims process, and a messed up life... I can't do all this stuff!

If/when the time comes where I can work on more stuff like the 1151, I will, but I can't do a damned thing for now.. if/when my claim is settled permanatnely and I win, I can apply for the ful 100% for my hospitalization, and if any injuries can be filed on on top[ of that I will, but for now, I am trying to stay alive..

every freaking day I question if it is worth trying to live, or if I am going down for the count, again,, it's happned a few times..

Larry-it looks like my assessment of the 1151 issue is gone from this thread.It included a BVA decision exactly like what the VA admitted to in this SOC.

My suggestions were completely ignored by retiredat44 and no one else picked up on it.

I know exactly how you feel.

Yesterday ,after trying to get info from a sick individual I know (non vet),and in the midst of lots of out of state company-

I found in mere seconds that this MH patient was treated with a med that there have been numerous lawsuits over, and many are still ongoing.

I took the time to even contact lawyers for them as they have a very valid basis for suit against Eli Lilly as well as their MH doctors and some lawyers I contacted want to hear from them right away.

They have developed a severe documented disability directly due to this medication (DMII) and 33 states have already filed suit as well as individuals against the drug manufacturers because the med was being prescribed to people with chronic depression but it is really for bi polar and schizophrenia and is know to cause DIABETES MELLITUS!!!

It is Zyprexa!

They said they would read the extensive downloaded material I sent them but don't know if they will contact a lawyer because they doubt I know anything about negligence ,personal injury and malpractice.

I gave them a week to contact a lawyer and then I will give up on them.

Lilly Co as been sued for Billions because this drug ( deliberately prescribed to Pts with depression and not bi polar,schizophrenia,also causes pancreatic problems and has contributed to deaths.

"And, before anyone gets all whacked outta shape about "my attitude" let me assure you that I do really want to help, but, the lack of motivation on someone else's part does not NOT constitute a desire for self-flagellation on mine."

I feel the same way.

Most of the time I spend at hadit is really spent instead by searching for info to support anything I say in a reply-and the above BVA case I mentioned in the missing posts took considerable time to find.

I am not going to be wasting that kind of time anymore because anyone here can search the net for info they need to support their claim.

[retiredat44]

I just spent one hour with my VSO, and she will also go through the appeals process with me,, she is asking for a BVA video conference..

She likes my IMO and is completely satisfied with it..

so, in a few months there maybe some progress regarding a hearing date..

I have to many irons int he fire, and she says that everything looks god, and not to put any more irons in the fire for now..

I will give her any more medical records I get as I continue going to more doctor appointments..

I have more appointments for neurology, and also the pancreas and liver..