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

[Berta]

Steve, I emailed Bob Walsh about the circumstances of your 1151 claim, as I know them.

It is similar to the case he won that we discussed at the radio show today.

I hope you are willing to contact him , and also Dr Bash for an IMO , ......but if not please let me know.

Robert p Walsh (Attorney)
2 Michigan Ave West
suite 301
Battle Creek Michigan 49017

email.. rpwalsh@sbcglobal.net

[retiredat44]

I will listen to the radio show tape, if posted..

[retiredat44]

I listened to todays Wed broadcast, and heard that when it ran out of time, not sure if you had the chance in the after broadcast to ask more information. I want to thank you for trying to get my story info out! My problem with quick broadcasts is it is so very difficult to get along story in and get short answers,, very, very hard to do. I did get my Form 9 ready and typed up to send in. I still have not hired Dr. Bash's partner. Money issues. Plus, and worried about flooding them with too many files. Honestly. I am having great problems with thinking, my brain is very messed up. Too sick, too many meds. My main goal is to not miss deadlines. Second goal is evidence. 3rd goal, is getting a BVA meeting, I am trying to choose in person BVA at local VA regional. My representatives that I transferred my POA from San Diego American Legion to the VA , Salem Oregon, basically told me off. They refused to listen and refused to hear I am in the middle of appeals. They wasted the hour meeting to tell me how stupid I am and they tried to explain the process to me, even though I told them I have been in the process for 20 years. If I knew who to report them to I would. I have no clue what they get even though they do nothing for me. And I think as listed as my POA, since it was never revoked.

So, I am sending a registered copy of my Form 9 for the 1151 to the Portland Oregon regional office asap. I don't have any reliable poa reps.

I ended up short on cash and still never sold my old car, it ended up with a problems that I don't have the money to fully fix, but can still get 2 or 3 thousand dollars, to help pay for a new doctor for another IMO, if I wish. I am really worried on how to pack and send my medical documents, as there are to many, I can talk to people in person, but explain my life from thousands of miles away is very hard for me. And I want them to know all they need for me to win. I don't want any surprises about anything.

I want to make sure the VA stops lying, and refusing to use al evidence in my favor, they are getting away with withholding evidence!!!!!!!!

I really need help. I am totally unable to think clearly any longer. I should not even be writing my own form 9. I might bungle that! the years of illness and meds has made ma a zombie. I guess I have to separate rants about the VA being bad with just facts. Period.

Anyways, that's about it for tonight!

Thank you!

I have always wanted to say, it has to be hard for a group to dedicate itself to helping people in these serious life altering decisions. With people you don't know, and not knowing al facts. it has to be very hard and would usually depress people to listen to so many problems.

On a good note, even though I vowed I would never again travel, fly and travel I made on exception a few weeks ago and flew to my daughter's university graduation. I made it, it was nice. Wonderful. I was the old guy who fell apart after 8 p.m. But, at least I made it. But, for real, no more traveling. it is to hard on me! I don'

even like driving locally, I can only go into a store buy something,. and am pooped out and come home, and take more meds. Traveling further is too hard on me.

I take a long while to respond here in these forum because I cannot think straight, and you guys are saviors, just for helping in any way. Just helping someone get back on the right track is of great help.

Thank you,

You helped me think a bit more clearly just for a simple form. It buys me a few more weeks before any more issues.

[Berta]

"You helped me think a bit more clearly just for a simple form. It buys me a few more weeks before any more issues."

That is a good way of looking at this Steve.

None of us here are lawyers or doctors and ,as great as the internet is, we often struggle with understanding the issues posted here.

Many us of, like me, cannot deal with these claims issues by phone or email.We just cannot take that kind of time involved in going over stacks of med info.

VA doesnt care what our opinions are anyhow......

and it makes me sick that VSOs and reps are paid to help vets but often fall very short on their help.

I did email Bob Walsh but his vet had a different procedure than the ERCP you had and of course,I could only discuss general questions with him because he is unaware of the specifics of your claim.

"I ended up short on cash and still never sold my old car, it ended up with a problems that I don't have the money to fully fix, but can still get 2 or 3 thousand dollars, to help pay for a new doctor for another IMO, if I wish. I am really worried on how to pack and send my medical documents, as there are to many, I can talk to people in person, but explain my life from thousands of miles away is very hard for me. And I want them to know all they need for me to win. I don't want any surprises about anything."

"I still have not hired Dr. Bash's partner."

I think you mean John Dorley.

I will email him, just to ask him if Dr Bash is familiar with this type ERCP procedure and I will ask John if they ever had a similar claim like that.

[Berta]

Steve, I emailed John Dorley to make sure Dr Bash could do an IMO for a ERCP 1151 issue.

His reply was:

"Hi Berta, I am sure Bash would do an IMO, especially when there is a direct medical nexus to the procedure and resultant disability. I would be happy to take his call and lend my advice and line Bash up."

His number is here in this thread somewhere.

John got the issue immediately

"direct medical nexus to the procedure and resultant disability."

That is the Key to successful Section 1151 claims.

[retiredat44]

I just confused by the VA again, they sent me an SOC, and a blank for 9, I filled out the form 9, asked for a live hearing at the local VA and also chose for al of my appeals and SOC's, not just the one issue. I sent it in and sent registered. Then The VA sent me another copy registered mail, and a form 9, but I already go one a week earlier that I had just sent back, filled out, then the next day I get another with letter (it came registered mail, I had to sign for the 2nd one, the first one I got 1 week earlier I didn't have to sign for at the Post office), I think it's the same SOC and a form 9, so they sent it to me 2x. ?? in any case, I sent them the form 9 all filled out and signed, etc, asking for hearing on all open issues, and the hearing be at the local VA. Registered U.S. mail I am just getting confused because they send me another and I received it one day after I mailed them the first one. Ok, maybe they got confused and sent the same SOC and a form 9 a 2nd time? It breaks my heart and drives me crazy every time I get mail form the VA, it scares me, raises my blood pressure, I am always worried it's going to be more bad news, and am scared of mail from the va, it is such a war with the VA. Always too much, it's going to give me a heart attack.

Then on top of this, my local VA office told me they would not help, the office that I signed as my PO.A. Power Of Attorney, to take the place of my last POA. when I moved from another state to here. Well, my newest POA, the VA office in Salem, with a VA disabled rep office, sends me an e-mail asking if I want them to send my Form 9, to help me send the VA paperwork. They told me they would not help me,, but since they still have my signed POA, I didn't revoke it, after they told me they refused to help. I e-mailed them back saying I filled out the Form 9 and sent it back to the regional office on my own. after, all, they refused to help me, so why even bother asking them for any help at all.

I don't have the money to hire anyone for now. I need to hire John form a previous thread, and get more IMO's. Just don't have the money yet. Still have the upcoming hearing at the local VA office, and the 1151 that was remanded.

What a mess!~