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!

[retiredat44]

John D. told me it's too far in the process for him, but he can help me with future claims. I am taking all my records on dollies with wheels. They need a visual of my records, I doubt anyone read them. My arm is swollen and bleeds, the rep saw my swollen hands and said he didn't understand why the doctors at the exam said they are not swollen. Where I put my watch sinks into the swollen flesh and bleeds. Painful too. They will see this. The swelling mostly occurs when I am active and do things around the house, legs swell too. pancreas disease also makes you swell with fluids.

[retiredat44]

I had my rep at the VA help me with my medical documents for my BVA appeal hearing tomorrow. We read some of my medical documents from the pancreas operations that failed. Apparently, when they told me after I woke up in the VA hospital after the first and second failed pancreas operations, they only told me I had bad problems on the operating table. The medical documents in my records say they tried to put a stent in the billary tube and it failed. They tried a second time (2 days later) and the pancreas billary tube broke open, and the 5 inch cyst, broke open, March 2008), that is most likely when it all spilled into my guts causing septic shock and 6 months in the VA hospital. Result, necrotizing pancreatitis. Many complications. So, Now I have more info, I had these documents in boxes but had a hard time with them, too sad, too sick, too angry.

[retiredat44]

had the BVA hearing today, the rep said it went well. I could say it did, but no one knows until the decision comes. IMHO

[flores97]

Good Luck, I hope everything works out for you!

[Berta]

Steve, I am always on your side with this case and I sure hope you are closer to an ending that is proper and correctly determines your necrotizing pancreatitis was their fault...even one of their doctors told you that.....

The most difficult part of 1151 claims, even when the evidence is loud and clear, is the fact that VA will aggressively pull anything they can to get out of a 1151 award.

I don't know why they fight them, when ,in many cases, the evidence is so probative, ...after all, no one to include the public and even the H VAC, ever knows how many 1151s they award at the RO level ....the only ones on line are those that were awarded at BVA level. 

Statistics on  1151 awards, directly made at a RO level,  like mine,  are not public at all..

 

VA saves lives everyday. Probably every private hospital in the USA has had some malpractice issues.

But unlike private hospitals and negligent doctors...in my opinion, VA manages to get away with this stuff more than private hospitals do, and if they medically mess any vet up, they sure hope the vet will never find out.

 

Edited March 9, 2016 by Berta

[retiredat44]

Ok, in short,

I was assigned a new VA rep at the VA here in Salem, he is the best they had since I have been in this state. Again, I was too far in the appeals process to directly use John D.

We, the VA rep, my wife, and I went to the BCA travel board hearing in Downtown Federal Building. Only us 3 and the VA Gearing Board Officer attended.

The rep help me, and brought in several issues we needed to clear up with past issues with decisions.

 

We asked the VA Board Judge to roll up remaining claims with the 1151 as they all tied together. He agreed.

The chemicals that were ignored  in all VA claim decisions. Fuels and cleaners. All three jobs I held in the USAF on active duty, and how my health was and what I was exposed to on each job. I really had 3 AFSC's. 2 had me sick from chemicals, the USAF doctors wording is hard to read and whether they said chemicals or listed only a partial list.

My complete medical history from when I was a child to when I enlisted, showing any issues that I had and did not have medically, before enlistment.

I stated any and all treatments and by who before the pancreas operation by the VA.

What the operation entailed in the medical release(s) that I signed after being briefed for several days about the procedure.

I signed on that they were going to (perform a fine needle aspiration. ECRP)

Instead they used stents. Those were never mentioned to me in discussions and releases. The 2nd operation was done 2 or 3 days after the first failed operation, and I had no say as I was a quadriplegic after the first operation. And was wheel chair bound unable to care for myself for 1 year after the first operation. Neither operation succeeded. Apparently, the stents broke through biliary ducts and the contents emptied into my body, where the organs went into septic shock. (the VA progress notes told about this in the first for days of that 6 months. We could not read all,  impossible. Maybe if it were on a computer disc.)

We discussed all of the permanent disabilities I have to live with the rest of my life because of the failed operations. Some life threatening and very painful.

The veins and arteries to my heart and intestines, etc, are all now diseased. Splenic and Portal. I have constant issues with muscle weakness (I fall often from weakness) and        inability to absorb nutrients and fat, and takes drugs to help absorb nutrients. I know that when I get sick again it can happen in minutes and advanced stages is usually fatal. The pancreas will eventually die, the cysts can break open, etc... this weighs on me every moment. Also, no social life I can only lay around sick, on many, many meds.

Also, to this day I am unable to touch most cleaning chemicals, car chemicals, etc, or I swell, turn red, etc. This also happens with hand sanitizer, I cannot use it peels the skin off of my hands. My wife helped stating what my life is like trying to use household cleaners. Or work with stuff that use chemicals. How I was unable to help my daughter while she grew up, could not go places with her.

**Will continue this in a few minutes.

Cont'd..

 

I told of how I begged for help with the disease and was always told to seek mental help and they could not find intestinal disease. Until they found the 8cm (5 inch cyst on my pancreas.) I kept having to go to mental health clinics for 20 years where they fed me anti-depressants. They just said I was a drug seeker who was mentally ill. This helps show they wasted 20 years in which they could have saved me from a life of total permanent torment and disability had they not ignored my plea for help with the pain I had in my pancreas and surrounding it. And many other issues like the swelling of the limbs which I could show continued from active duty to present day.

 

note: the VA Board judge had computer problems for the hearing, and had to converse with an IT tech guy to resolve computer issues during the hearing, which kept breaking the continuity.

The Rep and my wife said the hearing went well. I don't know, who knows? only the decisions will tell. !

note: I had to dig back into very painful memories, I could have used my notes from when I was on active duty, wish I had buddy statements! but cannot find anyone I was near from then. I have to rely on doctors notes, handwritten, and my memories.

Basically a continuity from active duty, clarification on what was ignored in evidence, and what my life is like with what problems I had before and after the failed pancreas operations.

**note:

I do not expect a fast decision and am prepared for a slow one, and remands. Nothing else I can do. I can start going to the hospital more often instead of riding out my bad days like when I am bleeding internally and wait until eh bleeding stops. I am just so afraid they will start working on me making my life worse. Though, my back needs and injection badly. And I never miss an appointment.

 

 

Edited March 10, 2016 by retiredat44