My Claim, Appeals, Etc, Being Remanded Back To The Va From The Appeals Board

[retiredat44]

Ok,

My long story, Petroleum chemicals made me sick on active duty, USAF, etc.. had pancreas surgeries at VA. Failed, now pancreas is necrotizing and dying, many other problems, currently at 60% rating. (been on VA disability for 20 years, and SSDI for 20 years.) Claims in for many problems connected to service. Going through many years of appeals. Now I get a letter form the appeals board saying it is being remanded back to the VA, because they said I filed a timely appeals for a video hearing, for 1151 claim (I filed an 1151 because the pancreatic surgeries failed leaving me with an inoperable dying pancreas and many more disease , spent 6 months in the VA hospital a while back fighting for my life) Of course they denied my 1151, but never answered my request for the NOD and appeal for the 1151. I received no hearing.

(just go this remand letter in the mail today! ) So, the appeals board remanded it back to the VA. meanwhile 2 years ago I moved form the crazy (lovely?) state of California to the crazy state of Oregon. I was represented by the American Legion in San Diego, long story! There is no American Legion here so I had my representative changed to the Salem VA office. They treated me like I had never field a claim and told me they would not help. I have chance to hire another lawyer, but have to sell a car, but car got messed up with a bad headgasket, so I haven't sold it yet, to buy another lawyer. (I know, I have sidetracked, but I feel I have no representation, but also feel if the Salem VA get's involved they will continue to treat me badly. Time is ticking, I need to get moving if I want more IMO's for my case!

I will post a copy in the coming hours or days of the letter. Not sure if that is even needed. But if it would help with more ideas from all of the wonderful people here!

Most of the info I posted is already buried deep in old threads.

Thanx!

Though I have no posted lately, I am ok here in Oregon, love living out in the country, much higher quality of life, at least for me and family!

btw, if someone calls me a transplant, I remind them I lived here as a child in the 1950's and visited family every year. I just returned like the Salmon do!

Edited January 14, 2015 by retiredat44

[Gastone]

Pay for a Lawyer, up front????? Somethings not right! All Vet Appeals attorneys work on a standard 20% of retro, if they agree to rep you. Sometimes they won't rep you if the Retro is relatively small. Law firms get in excess of $200.00 per hr. There are a few Pro Bono Vet Appeals attorneys, check VET Blog sites for referral.

Can't understand why your not IU yet. Very strange. I'll have to check your prior posts.

Semper Fi

Gastone

[Notorious Kelly]

Glad you're enjoying Oregon, Ret!

[Berta]

Steve, they denied my original 1151 twice (and my FTCA once) and then they awarded.

And since the time I wrote an 1151 claim for you and posted it here, I also won ,in 2012, an additional different posthumous claim under 1151 ( 100% P & T) under 1151. That monetary award was larger then my AO IHD death award.

I know what is and isnt an 1151 basis.

"Of course they denied my 1151, but never answered my request for the NOD and appeal for the 1151. I received no hearing."

Have YOU filed the NOD on time? They dont sent it.

I felt you had one of the BEST 1151 cases I had ever seen.

http://americanmedic...ctice-case.html

“Iatrogenic”means caused by a doctor or medical procedure.

Last non vet award I saw was 2 million to a family who lost member due to improper ERCP.

Procedure.

There is no service nexus whatsoever for his necrotizing pancreatitis. The VA caused it and I couldn't get through to him at all on this and no one supported me on that issue so I give up.but hopefully his lawyer will see it right away."

When I find the actual claim I wrote for you, I will post that link here again because, it was ,in my opinion, your 1151 issue was solid and the claim I wrote would award it.

I have been denied , like many of us here, Multiple times at the RO level......

Only, like others here, to succeed anyhow, preserving our EED by continuing to fight back.

Personally, I am familiar with your exposure claim Steve, but I think the 1151 was definitely the strongest claim you had and I hope you have not given up on it.

Bob Walsh and multiple other Vet lawyers are quite good with 1151 issues.

I know Bob and I would be glad to discuss the 1151 issue with him with your permission, if you seek his help .

Then again any good lawyer, like Bob Walsh, will get it all in a heartbeat.!!!!! He doesn't need me.,unless maybe if you filed the 1151 claim I wrote here for you and he has questions about it.

if there is still time..............I am confused by some of your statements......

But if you are willing to give up on the 1151 issue, just say you are and I too will give up on trying to help with it.

That long article IMO you posted here years ago for the chemical claim lacked the most significant thing you needed.

I hope since then you have obtained what was missing.

Edited January 14, 2015 by Berta

[Berta]

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://americanmedic...ctice-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)



And in a follow up post I included that you could add, as evidence this specific BVA case:

"Posted 01 April 2011 - 09:40 AM
This was the BVA case I referred your rep to:
http://www4.va.gov/v...s03/0122585.txt

To summarize, the evidence shows that in October 1996 the
veteran underwent an endoscopic retrograde
cholangiopancreatography at a VA facility in order to
evaluate for chololithiasis. This procedure resulted in an
injury to his pancreas which pancreas which required
hospitalization at a VA facility in October 1996. He
continues to have pancreatic symptoms, diagnosed as a
pancreatic process in September 1999. Accordingly, Board
finds that VA treatment render in October 1996 resulted in
additional disability, diagnosed as pancreatitis. Therefore,
compensation under the provisions of 38 U.S.C.A. § 1151 is
warranted.


ORDER

Compensation benefits under the provisions of
38 U.S.C.A. § 1151 for pancreatitis is granted."


Although medical issues in BVA cases are usually Never probative evidence, I felt this BVA case was very valid evidence, based on the same wording in your SOC,
also the 65% malpractice stats I quoted regarding ERCP in the vet link above, and based on everything else you have posted here over the years.


Section 1151 claims can often be Very short and sweet.

But I think you said your vet rep prepared the 1151 claim instead of using mine above.

My former vet rep didn't think my original 1151, from 1995, stood a chance.

I proved him wrong at a deposition in the DAV lawyer's office ( I had sued him in Syracuse NY Federal District Court)

Another former vet rep from a state org told me my SMC 1151 CUE would not garner me an award.

I emailed their lawyer when I won that 1151 claim 2 years ago.

1151s dont take having a vet rep, they take prime facie medical evidence of malpractice.

You have that evidence..and based on your past posts here
I dont even think you would need an IMO for the 1151.

I never had an IMO for my 1151s or for my FTCA wrongful death case..

I had the medical evidence,from my husband's VA medical records, a death cert and an autopsy and

That was all I needed.

[Buck52]

I think the VA Released a new form in 2013 Form 21-0958 ''Notice of Disagreement'' which is now being attached to veterans decision notifications letters.

However there still remains no requirement for this to be used to file an appeal.

Edited January 14, 2015 by Buck52

[retiredat44]

ok, I removed my SS# and full name, but this is the remand letter... (left off the first page...) not sure if it helps at all... posting. my case is a nightmare because of the huge amount of files.. boxes and boxes... and I am not equipped to do legal battles,, drugged out, sick, tired... etc...