Doug Kessler New Member - Ap Appeal Help

[Douglas Kessler]

Not sure if anyone here can answer this qiestion but here it is. I served in the USMC (Vietnam) 1966-1968. In 83 I was diagnosed with Non Hodgkin's Lymphoma. Underwent the Agent Orange registry examination in 1983., While still receiving Chemotherapy. In 1990 I received an application for benifits from the VA. Long story short I was denied compensation in a decision 1995 . I did not appeal. In 2010 I reapplied. Claim was re-opened with new evidence. Oncologist wrote a letter stating that in fact I was dx. with stage 4 NHL...He treated me from 1983 to 1996. He specifically gave the date of Discharge. I was service connected at 0% (cancer in remission). I asked for an EED and after appealing, I receive an EED date of 1990, when I officially applied. However the percentage was still 0%. Today I filed a NOD asking for an increase in the percentage. I was able to obtain a IMO from the oncologist that treated me in 1983 that reinterated everything he originally said and then adding that "It is more likely than not that Mr,_________ will continue to suffer from residual from this NHL. He gave examples of dx, I recently claimed. Is this the right Avenue to take? Is there anything else to do? I feel as though I am owed compensation from 1990-1996 @ 100%, because I was still under the doctor's care. Not receiving Chemo the entire time but the "watch & wait protocol, P.O. (BY mouth) meds, not to mention the residual of PN...service connected later (2009). Any advice is appreciated.

[Douglas Kessler]

Peripheral neuropathy 20% both feet, NHL 0%, Ptsd 50% tennitus 10%...total of 70%. I did an NOD for the Percentage rating on the NHL, and the 1990 date. Asked to be compensated from the date of Diagnoses. I will take all of asknod's advice....seems like he is the person who is making sense to me. I also asked for an increase in PN. This was done in April 2013.

[carlie]

When you're dealing with the VA, the learning curve is very steep. If you don't understand the statutes and regs, VA will be more than happy to explain them to you in your denial and SOC in great detail.

Oh gosh -

Someone throw out a life line and help me out here.

I'm laughing so hard, not only have I almost pizzed myself

but now I have one of those gosh awful cramps under my

rib cage !

[FormerMember]

Oh, dear. I apologize, Carlie. I just thought a dose of reality was in order. A VSO once looked at me sagely with all the wisdom of the world in his eyes and said "You do know, Mr. Nod, that VA is not your friend?" I'm sure you are well aware of what a SOC looks like by now. Twenty pages of regulations and half a paragraph of denial and rationale. My personal best from them was thirty one pages of a DRO diatribe ending in"Exactly what part of 'no' is it that you don't understand?" I had a long talk with Doug and he's now had an equally long talk with our good radio talk friend Mr. Bob. Mr. Bob is shocked- I say shocked-that VA would treat this Veteran so unemotionally and dispassionately. Doing the Fenderson for an empty ice creme cone should come as no surprise to anyone.

A gal came to me several months ago with a similar tale. She single-handedly beat the jokers at their own game and won her CUE all the way back to 1973. And the ratings envelope please... a whopping 0% to 2009. After the NOD, they begrudgingly gave her 10%. That's when she got the impression they were funning her and not taking her seriously. She promptly armoured up with a rainmaker.

Thank you all here for creating and providing such a warm, caring environment for Veterans like Doug to inquire without recriminations. He was very well-served not by me but by the mere presence and tenor of the site. Any one of you could have chimed in and given him similar advice on the why and how of what didn't transpire and should have. I just happened by and opened my pie hole first. AO is one of those things that has more regulations, time strictures, and trees cut down to immortalize it in print than any other rating subject concerning presumptive diseases. Consequently VA rarely gets them right due to that very same problem.

Your logo at the top says it all... "Leave no one behind". I had the misfortune to have that happen 43 years ago. Never again-ever.

Edited May 9, 2013 by asknod

[Douglas Kessler]

My wife insisted on Talking to the attorney to get a feel for him. She is a better judge of character than I am...however she was totally impressed by him, and his knowledge of regulations. We will use him. I am so thankful that I found this site. You Guys Are GREAT!!!

Thank You! Hat's off to Asknod.

[FormerMember]

Two things you need to know about Bob, Doug. He was there. He has red clay on his boots just like us. The next most important thing is that he used to be a VA law dog. He didn't cotton to what they were doing to Vets so he decided to work for us rather than against us.

Listen to him weave his magic here at the Federal Circuit this last Monday for Mr. Henderson.

http://www.veteranslawlibrary.com/files/Fed_Cir_Audio/2013/Henderson_2012-7028.mp3

No need for any hat-tipping. I trust you'd do the same for me or any one of us here if the shoe was on the other foot.

[Douglas Kessler]

I would help, and very well may after I learn a little. It must take quite a while to learn all the in's and out's. My next question probably don't belong here...so if you would please put me in the right forum for this one.

Explain IU to me. I am 70% disabled. 50%PTSD, 20%peripheral neuropathy, & of course the NHL 0%. I retired at 62 secondary to the NHL causing my immune system to be so weak. At 50 years old I went back to school for Elementary Education, I am not skilled at anything else, other than eyes exams in a nursing home (that is what I did prior to going back to school)....that can't be good either for someone with immune issues. What is the criteria. Thanks Doug