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

[retiredat44]

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!

[Berta]

Here are a few more links Endoscopic retrograde cholangiopancreatography malpractice case info :

http://www.ncbi.nlm.nih.gov/pubmed/16500382

http://www.millerandzois.com/ERCP-malpractice-lawsuit-lawyer.html

As the SOC stated , "status post necrotizing pancreatitis secondary

to endoscopic retrograde cholangiopancreatography with residual chronic pancreatitis"

That is their inadvertent admission of negligence,in my opinion, based on 1151 experience.

John Dorley's email addy is
benefitsagent@comcast.net

John Dorle

651.303.3062

and is Minnysoda here at hadit.

If you email John, just copy and paste the hadit topic link here and he will read it to get the background of what you are dealing with.

[carlie]

Berta - - - your still tops . . . in my book : - )

[Berta]

Thank you Carlie! SO ARE YOU!

Of course I sure am not a doctor but what I saw here over the years, based on what Steve told us, and also that critical SOC statement.......really convinced me that something went wrong with this surgery.

If the ERCP had been done as treatment for a SC disability, the word "secondary" in the SOC would have awarded for his necrotizing pancreatitis long ago,if it was formally claimed.

By even a NSC procedure or surgical error can be 1151ed as to it's residuals....if claimed.

.

"Diagnosis of Perforated Bile Duct After ERCP - Intestinal Necrosis Ileostomy - $12 MILLION



A $12,000,000.00 verdict was returned by the jury in Supreme Court, Kings
County following a four-week trial. - See more at: http://www.medlaw1.com/verdicts_medmal.asp#sthash.17p8NWfZ.dpuf"

and "Twenty more ERCP lawsuits: why? Poor indications and communications"
in part:
"In 2006, I published an analysis of 59 lawsuits concerning ERCP in which my advice as a medical expert had been requested.1 The main conclusions were rather clear. Many procedures had been done without a good indication, and communications were often poor."

http://www.giejournal.org/article/S0016-5107%2810%2900131-8/fulltext

[retiredat44]

ok,, down to basics,, how do I revive my rejected 1151? I just don't know what to do, also, I guess I am on my own, as the VSO is just telling me I am, on my own... do I file some reconsideration with mention of some cases? Again I was told that the 1151 (that was denied, is still active until October for whatever reason...) do I state the obvious about the reason? Due to surgery, I got necrotizing pancreatitis... ? and many other permanent disabilities, Splenic Vein Thrombosis, and more... I have to dig out the documents, but in any case they were all VA surgeries.. so I have to try to read them and state what's already in their records? sorry, I just don't understand why I have to do this when, they have al of it anyways,, plus I can only tell them info from my perspective, I am no surgeon.. so, I think I did the NOD, if not I can do that, or disagreement, or are these stated cases more evidence?

If I file on my own, I just write it on a statement form, in my own words, or are there some phrases I must use?

Thank you very much! You give me hope!

Edited August 10, 2014 by retiredat44

[retiredat44]

Ok, I see the steps for the 1151. So, contact the doctor who can write a support for the evidence, get a letter, enclose it with the support, the SOC, and get proof of mailing... My brain is so fogged over, could not see or understand, now it looks easier.. before I got my IMO, I wrote Dr. Bash several times, but never got an answer back then... I just thought he thought it wasn't something he was interested in, and never answered..

[retiredat44]

Ok, I just wrote an e-mail to John Dorle. I asked him what he needs to help me. I attached the link and more information, and some background info. Thank you all ! This board is amazing with better brains here then all of the legal people I have been to.