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.

[carlie]

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

§ 4.16 Total disability ratings for compensation based on unemployability of the individual.

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=eee472eac8783a309c5e412c0169e127&rgn=div8&view=text&node=38:1.0.1.1.5.1.98.11&idno=38

[Douglas Kessler]

Thank you very much. I think I understand. It's up to the rating specialist?????

[Douglas Kessler]

My Question is a very simple one....I took early retirement in 2009 secondary to side effects from (NHL) . My rating for NHL(Non Hodgkin's Lymphoma) is 0% because it's in remission, I am currently appealing the 0%. , however I am service connected for PTSD 50%, peripheral neuropathy 20% etc... I applied for TDIU, (on the advice of counsel).The forms were all completed by my employer & physicians did up a nice letter,stating all the adverse reactions from the disease or the chemotherapy... I am collecting Social security benefits, and Teacher's retirement. I taught elementary education and was constantly sick because of my weaken immune system. I couldn't do it anymore. I have no other formal training...I am also 66 years old. I retired at 62...2009. I read that for this claim to be sucessful the NHL should have the highest rating???? What do you all think? Almost forgot to mention my last exam with the oncologist was on May 10th, the oncologist stated I have enlarge red blood cells??? What exactly this means is anybodies guess, however she feels this is the reason for the fatigue, night sweats. I am schedule for a scan on Saturday. Is it wise to send the VA the lab work, and the notes from this meeting. It was interesting how this visit was done...via the new video technology the VA is employing. It makes it easier for Veterans that live too far from the RO, It can be held at the clinics you frequent. All disciplines are present...SW, Doctor, nutritionist, and a NP. Really Cool! Doug

[SergeantQ]

My appeal has been in appeal since dec 2011 with no movement in ebenefits. Im sad but realize that I have to hurry up and wait. Never give up yawl, never give up. Fight until six feet under.

[Stretch]

Douglass,

Your profile says that you were born in 1962 in Louisianna. Your post says that you were in VN in 1968. I am sure that it is just something that you have overlooked and made a mistake with.

[Douglas Kessler]

Signed in with facebook...This is my wife's profile...Not sure how to fix this????