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I Am Not Sure Where To Put This, Thew Ongoing Struggle With The Va Has Left Me So Messed Up

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retiredat44

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I started my last group of claims in 2009. I wanted to in 2008, but after almost dying and hospitalized for many months... the VSO at the service agency said they could not get me an appointment for many months. I started with many claims again, I was sick on active duty from chemicals. I worked with fuels, and other. I filed for more disability claims, I had already won a claim for 50% for headaches on active duty for chemicals. I got sick from jet fuel, leaded gasoline, diesel fuel, and then trichloroethylene. I was told and my command were told I could no longer with chemicals because of severe reactions, severe swelling and headaches. and rashes. They USAF then made me with more chemicals, Trichloroethylene. I got sick again. I had to leave the USAF after 5 years. Anyways, I my filed claims, the VSO typed fuels in the claims form. All of the decisions come back with only jet fuel listed in the denials.

Brings me to now. I left San Diego, last year and moved to Oregon. I moved my claims to the VSO in Salem. They said just try for TDIU. I was ambushed by a C&P exam doctor who was just out to use anything she could against me! No impartial exam here! I was denied. I got an appointment with the VSO again, and the supervisor and her sat me down, and tried to tell me the VA has no obligation to list al of the chemicals I worked with. As they only list jet fuel. They say the IMO I gave them was very good, but that since the studies included did not include al chemicals and the ones that did only had animal studies for chemical exposure, they were not good enough. I was told life is tough suck it up! I was told to get more IMO's as it is a battle of experts. And that we just have to have more then the VA. They also infer there is no relationship between the fuels and disease. They just hammered me like they were actually pure advocates for the VA and not me! I was and I am total shock that they had no sympathy for me! Horrible! I wish I had a tape or transcript for the world to see the abuse we get in the VA claims process!

They read to me what happened in the VA failed VA surgery, not sure which one, the first or second attempt to removed a large cyst on my pancreas that had been growing for at least 20 years while I begged for help while they treated me like I was mentally ill ending me to head doctors, instead of helping my pancreas disease! Apparently they punctured a part of my pancreas with a needle or surgical instrument and which sent me into a 6 month death spiral in the hospital. It left me with a dying inoperable pancreas disease on one notch from cancer. I have necrotizing pancreatitis, no hope of any future surgeries. I will kill me at any time, the surgeons cannot tell me how long I have left. I live by eating with morphine for pain. BTW, the pain doctor at the VA in Oregon sucks! crazy people here... They think you can just will your way out of pain! Who's the loon !!??

Again, I wish I could have transcripts, so everyone can see the abuse! The VSO here is an advocate for the VA and against claimants! I am not making this stuff up!

They demand I get more evidence, more IMHO's at $2,000 a pop! (that is a scheme to drain your resources and kill the will of the claimant, as the VA has no accountability in the process. no oversight) Period. There is no way to know what they base their decisions on if in fact they do not have to list al evidence as according to the direct words of the supervisor of my VSO!

I am way out of my depth here as we should not need to have a lawyer preset every time we speak to anyone for any VA agency, yet they take every word and twist it into complete b.s. and lies! We need help in fighting the VA, it is not possible for sick people go into this process and be ambushed by ever those who are suppose to help us with claims! Yet they are actually sabotaging our claims.

They supervisor actually had the nerve to say I had necrotizing pancreatitis long before the failed operations at the VA. Telling me that something life sucks and to suck it up. One more thing, my father who was a Navy disabled vet who died young from CPOD. They said he had a nerve condition which I inherited. There is no proof, only that at one time they questioned me about my family's health and that I had stated he was shaky and sick, as so most people who are dying of CPOD. They said I said he was shaky so that means he gave the gene to me. Total B.S.

They asked what the edema is, that I still from, as I did from the chemicals on active duty. I was so swollen, my limbs broke open bleeding. My arms and legs are still swollen, Sore take forever to heal. I am still being treated for these conditions at the VA. The VSO asked me if I still l am swollen, and I said yes I am. it is permanent, on more condition form pancreas disease.

I did file an 1151 for the medical problems and near death, and a fatal disease. I was told by the VSO that unless it causes death by negligence they will not help me pursue that either!

The VSO stated with will no longer move my claims to appeals without more evidence.

I am so angry, so mad, I really want to send this letter to a congressmen to let them know the abuse we take by the VA scum!

If someone if offended too bad! I If I said what I really think, I would be kicked off this board for going way way too far! but believe me, to far isn't far enough! This struggle is too much for me too take, everyday I wake up to sick to die, shove the pain pills, and 15 other pills down. And to top this off I know the day I die is coning, I just don't know if it's 5 minutes or???? The surgeons tell me it usually comes with jaundice, and to watch for yellow skin and eyes. I forgot the mention my blood pressure can be very erratic, either very high of very low in an attack. In an attack I am helpless to do anything! Not even stand. Just curl up crying for hours or days.

dealing with rotten people should be an advocates job, not a sick Veteran's!

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"I did file an 1151 for the medical problems and near death, and a fatal disease. I was told by the VSO that unless it causes death by negligence they will not help me pursue that either!"

I remember writing a 1151 claim for you and posting it here. You had, in my opinion, based on information from you and even the VA itself (in an SOC) ,....one of the best 1151 claims I had ever seen.



I also posted a BVA award for a claim almost exactly like it.

However, you replied here a few days later that you had prepared a 1151 claim yourself and had sent that in.

What the VSO told you is absolutely ludicrous.

I recently FOIAed VA on how many veterans have won 1151 awards, as well as survivors with 1151 DIC for wrongful death.

They sent me a 29 page data sheet of awards, remands and denials that came from the BVA data base, under 1151 claims.

Most of the awards appear to be to living veterans




Obviously the VSO is wrong and he should be reported to his supervisor.

Was the 1151 claim you prepared ,or the one I posted here for you, ever really filed with the VA?

"Anyways, I my filed claims, the VSO typed fuels in the claims form. All of the decisions come back with only jet fuel listed in the denials."

When VSOs get generic (because most of them dont give a shit about our claims anyhow) that gives VA plenty of leeway to deny.

Chemical disabilities.....your IMO was extensive but not specific on what you were exposed to , yet a good IMO doctor would need to isolate the specific chemicals you were exposed to, in order to prepare an IMO, and give a full medical rationale as to how those exposures caused your disabilities. .

I am sorry Steve, that you are so ill and believe me I know how frustrating the VA can be, but many here have tried to advise you over the years and I gave you the best advise I could . because I am a 1151er and I felt you had an excellent 1151 claim.

If a VSO told me what this one told you, and I could prove it, prior to me getting my first 1151 award, I would have sued the bastard.

And of course your FTCA SOL is long gone by now.

One past post on this: (of many)

." Posted 07 October 2013 - 12:46 PM

Steve, I hope with all my heart that your new VSO reads that SOC or SSOC you got, in which the VA admitted to negligence.



I discussed that before with you here many times , and you did say you filed the 1151 claim...not the one I prepared for you, but one you sent before I could even post what I wrote.......the claim I prepared for you is still here someone on the board....so no use kicking that mule again.





Sure .........you should be TDIU or 100%..........Absolutely...........under Section 1151,.38 USC.



Even one of your doctors agreed with my point last year. VA buggered you up but good and admitted to it in one of their SOCs or SSOC you got.

Edited by Berta, 07 October 2013 - 12:48 PM"

and from you

"Posted 13 March 2012 - 01:46 AM
Today , my GI doctor blamed the VA for my Necrotizing Pancreatits. He said it was their fault I got the pancreas disease that is killing me. They went to remove a large cyst and caused the disease. He just flat came out and said it. How does that affect my claim? I already knew this, and, but before I had this diseasem I had pancreaitits and a 5 inch cyst. Before then I was treated for gastritis on active duty. How does the claim get treated when VA doctors flat out say the VA caused a disease to develop on top of other diseases, also the fact that it is leading to my death."

from:

Since I won my FTCA.1151 issues here many years ago, I still get local vets from the same VAMC or survivors,

thinking they were malpracticed on.

Most of the time they have no real basis for what they think and are reluctant to try to get proof.

But you have had a valid 1151 claim issue for many years now, yet I guess you didn't believe me, and no one here supported my advice to you, and probably never even read the SOC or SSOC.....but at least your doctor agreed with me and this is the claim where the IMO money should have been spent on.

(Maybe....but I didnt even think you needed an IMO for it, the negligence was that obvious and VA admitted to it in the SOC (or SSOC forget which).





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Sorry to hear of your troubles bud. Sure hope more Vets on here get some good news over the next few weeks, been hearing too much bad news.

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I am going to try very hard to read over all of everything,, mu brain is so foggy with this VA paperwork, like I said I am out of my depth... I am considering just doing al claims on my own,, and stop being treated so badly by VSO's. I don't think I could be any worse on drugs and not thinking straight... I have an ongoing issue with swollen limbs and need to make an appointment... I have had swelling for many years and right now it is pretty bad.. I could not make an appointment last week because my life is hell.. I lost my car when the engine blew last week. now I have transportation again,, I will submit the new round of exams for the swelling after I get those appointments.. as that will be new evidence.. and like I said,, probably file on my own.... I just hate thinking I will word things wrong.. but the VSO was so mean and evil, it sounded like they told me to go away... they said don't come back unless I get more evidence... you know that photo of my table of documents.. I showed them that... I bet they wouldn't read it if their life depended on it...

Also, what about them not needing to list al evidence, that is inferred they weighed it only because they received it...??? how can you get proof if evidence has not been listed in decisions?? makes absolutely no sense to me.. wish I could get these people disbarred,, but they have no real license anyways...

I am sorry I don't understand everything you try to help me with.. I will sort through overt the coming days.. as my 1151 is still open, I was told by the VSO, until October... not sure what else I can submit... for the 1151. I forgot the add the VSO thought they turned down my TDIU because I am only at 60%. but, I was so angry I am not sure if I was hearing things, or what...

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Good advise Notorious Kelly.

VA takes full advantage of the fact that veterans with disabilities have problems dealing with their claims.

Steve,in my opinion all you need as evidence is

a statement from the doctor that agreed this was VA's fault, (or an IMO to say the same thing...I suggest contacting John Dorley , Dr Bash's right hand man, as I always recommend Dr Bash. We all did a radio show here at hadit in June and they gave out their contact numbers) I will find them and add to this post in addition to the information I mentioned in the 1151 claim I wrote for you.

Here is the claim I posted here years ago:

"This is a claim filed under auspices of Section 1151,38 USC.

I believe my VA medical records will reveal that I did not receive a standard of VA medical care comparable with that of the standard medical community, regarding the fact that I have necrotizing pancreatitis, and it's severe residuals, as the result of a Endoscopic retrograde cholangiopancreatography performed by the VA on (date of this procedure)

As a result of the VA's medical errors during that procedure , I have incurred not only this potentially fatal additional disability and it's totally disabling affects but I also suffer from anxiety and depression ,knowing the negligent ERCP procedure has caused me to have a potentially fatal, severely debilitating, and and irreversible
documented additional permanent and total disability.

I have enclosed the following documents to support this claim:

1. Statement of the Case dated
( I dont know the SOC date but you had posted this excerpt here from the SOC) maybe September 2010?
stating:

"The VA examination shows a diagnosis of status post necrotizing pancreatitis secondary

to endoscopic retrograde cholangiopancreatography with residual chronic pancreatitis.”

2. Article referencing “Endoscopic retrograde cholangiopancreatography (ERCP) remains the most common cause of iatrogenic pancreatitis [1]

Source: http://americanmedicalexperts.com/Medical-Malpractice-Tips/Pancreatitis-associated-with-ERCP-medical-malpractice-case.html

(I would print this article off and enclose it.)

My VA medical records will fully support this claim filed under Section 1151,38 USC.

Respectfully,

(Sign, Copy, and mail; with proof of mailing)

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