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

[retiredat44]

Bertha, I replied to you via e-mail with a copy of the remand. Once I know what part I should edit out the personal info and post the proper portion of the remand.

 

note: I am having a big problem with Win10 and my browser in this forum. Sometimes it just will not let me write and post without lots of problems, so I have to keep the info short.

Edited July 15, 2016 by retiredat44

[Berta]

I guess someone else got that email. I do not have any current contact info here. And I dont handle emails regarding claims. It defeats the purpose of a public web site.

The remand regarding the 1151 issue depended on the SOC issued on Feb 2,2015 and any rebuttal to it (I assume from John Dorle or Dr. Bash.)

You had problems posting it here. Can you scan and attach it here again?

Did you have an IMO from Dr Bash that specifically addressed the 1151 issue?

Or a rebuttal to the 1151 SOC from Dorle that raised the points I had raised here many times?

 

 

 

 

 

 

Edited July 15, 2016 by Berta

[Berta]

I forgot to suggest using Google Chrome as your browser. After Windows 10 kicked in, that was the only way I could get here without problems.

I was interested in what they remanded the 1151 claim for. I assume for a C & P exam...? There are many posts in this topic but also 45 Pages of other discussions on your issues so it has taken me lots of time to recall how this claim went..

I wrote a Sec 1151 claim for you ,based on what I felt were some excellent attachments to refer them to ,(particularly the SOC they admitted they buggered the surgery in) sometime in 2014 I think, but I realized you posted days later that you had instead sent them a 1151 claim you had written and had never posted the SOC here.

Maybe John Dorle is the best person to assess the remand. He sure got the point when I contacted him. I assume he is the agent on your claim...?

 

 

[retiredat44]

I did hire John, but still had to use my VSO, John said it was too late at that time to use John, because of VA/BVA rules at which time you can change representation. But John guides me from the outside. Since I retained him before my BVA hearing, he will continue to advise me.

 

I am really too sick to think through all of this legal stuff. Complicated. But, at least I still have a fighting chance. It appears the judge told the VA RO to find evidence from specialists in the medical fields that I am filing my claims for, and then go back and approve and rate if I meet the 'more than likely, or 50%/or more most likely. If they say not likely, then I need to rebut them.

 

I think that's what is going on. Over the next week or so I will try to get my remand edited for posting.

 

Thank you,

Steven Palmer

[retiredat44]

Quote

I have a bunch of C&P Exams to go to, for the remand. What pisses me off is that not only have I been under their care for 20 years, I lived as an inpatient for 6 months in the VA hospital... you would think that living there a long time would be enough! My C&P exams start this week and next week.