One Cancer On Appeal For Ao Now Another New Pops Up

[Slowlane]

I have a one year old appeal going for a head & neck cancer agent orange connected.

Now, it appears that I have a new primary lung cancer that could be agent orange presumptive.

The Question: Will the ongoing appeal cancel the new claim or screw it up somehow??????

Thanks in advance.....

[marine0816]

From my own experience , no it will not screw it up. New claims are beating appealed claims by a wide margin.. So your new claim should be rated from 3 to 6 months and your appealed claim should be still on the RO Mail room

[FormerMember]

VA is fast tracking AO claims... or was under Shinseki. They have a special unit in every VARO trained in doing presumptives for herbicide exposure. File it. If you die before you win, the better half gets it. Did you ever cough up blood? I started about a year after I got there. The Flight surgeon said to switch to Marb lights which had just come out in 70. Didn't help much until I DEROS'd in 72 after two tours. Hey, I'm still alive and only came out with Porphyria. Some like you have it even worse. Best of luck. Welcome back, sir.

[Slowlane]

Thank you marine0816 and asknod.

I was at Bien Hoa 69/70 ..... smokes were $1.10 at the exchange and also made you look cool. My first cancer showed up in 2010 and I haven't touched one since.

Keep up the great writing here and on your website asknod. I really appreciate your help.

Welcome home

[Berta]

The head and neck AO claim.......

is that claimed under the STS cancers?

(Soft tissue sarcomas presumptive due to AO)


The list of them is here:


By all means file the AO lung claim.

[Slowlane]

Gotya Berta........I also printed your Soft Tissue reference to read whilst I'm in the hosp this am for a needle biopsy.

Thanks, Slowlane

[Navy04]

Sorry to hear of your Cancer bud. I lost most of my family as a kid including my mother who was 35 at the time. God bless you and I truly wish you the best.

[Slowlane]

The head and neck AO claim.......

is that claimed under the STS cancers?

(Soft tissue sarcomas presumptive due to AO)

The list of them is here:

By all means file the AO lung claim.

Good gravy Berta you hit the sarcoma foreign language award of the year. I could actually read one of every nine words. You been hanging around asknod toooooo long.

Thank you sincerely for your help.

I will be back with more information and questions in a few days........lots happening to me in the next few days.

Slowlane

[Slowlane]

It appears that my lung cancer has been officially tied to my 4 1/2 year old head and neck cancer via metastasis. The local pathologist's report says it metastasized from the 4 1/2 year old head and neck cancer that has been denied and sitting in appeals for over 14 months.

If I add this to the existing appeal it will just slow it down even more and wont make much difference in the long run.

>>>>> I could file on this new lung cancer claiming that it is a new primary but, it will be easily denied as a secondary. I could reference in my claim that there are studies on the internet that argue that metastasis are unlikely to occur at 4 1/2 years out. This might give me the "as likely as not" consideration.

Still sittin and thinkin

Slowlane

[Berta]

This source ( NIH is always a good med source ) says that pulmonary cancers can occur from metastasizing from other soft tissue sarcomas.

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1420804/

I would claim it as secondary to the prime cancers you have claimed....what type of soft tissue sarcoma do you have, Slowlane?

The problem with sarcomas is that they are actually rare types of cancer and VA probably doesn't have a clue on them, unless your medical records identify exactly the type that compares to the same name on the STS list.

I found some claims at the BVA that questioned that the veteran claimed STS but VA said they didn't have STS cancer.
That concerns me because this is a rare disability, and the list of STS, may well have other medical terms used in the med recs, that might well mean STS cancer.

This case has some rating info as to how they rated this vet's STS cancer:

http://www.va.gov/vetapp14/Files2/1416247.txt

"1. The criteria are met to establish a 30 percent evaluation, but no higher, for soft tissue sarcoma left cervical region, from November 1, 2007 to April 27, 2010. 38 U.S.C.A. §§ 1155, 5103, 5103A, 5107(b) (West 2002 & Supp. 2013); 38 C.F.R. §§ 3.102, 3.159, 3.321(b)(1), 4.1, 4.3, 4.7, 4.10, 4.55, 4.56; 4.73, Diagnostic Codes 5322 and 5329 (2013)."

The decision also suggest that a metastasis could have been rated if present.
"There also has not been recurrence or metastasis of the soft tissue sarcoma."

Have you posted the denial here in the past Slowlane, as to why they denied the STS in the first place?

[Slowlane]

Berta,

I dont have STS.

I started out with "base of tongue" cancer because that was where the main focal point was. Original paperwork from the ENT that performed the surgery stated "161.0 Larynx, Glottis Primary". Granted by VA for 2 years at 100% as larynx cancer Agent Orange presumptive.

I should have never moved to Florida but I did as I needed to get out of the Alabama woods and nearer to large hospitals and numerous Doctors to choose from.

As soon as I resettled in Florida, St Pete re-opened my case and got a local OBGYN VA Doc to find that I had "base of tongue" PRIMARY. Totally ignoring the Board Certified ENT's five (5) reports that said "161.0 Larynx, Glottis Primary". I flew 500 miles one way to St Pete to present all 5 reports to a DRO at a recorded hearing. 30 days later they severed my service connection and put me on the hamster wheel and are dragging their feet to give me my SOC and Form 9. All iris inquiries have been rubber stamp jargon answers.

That was 14 months ago and now I have lung cancer to add to the pile of stuff they deny and ignore.

I live in Jeff Miller's district so you can see how scared the VA is of him. I would write him but he has no power in St Pete.

I hope I live long enough to see the VA go down, get farmed out, fired and if they could embarrassment. That would be my 100%

Bet they come after me now because they sure as hell aint working claims.

Slowlane

[Berta]

Sorry, yes I forgot you had told us that before.Not STS cancer

"30 days later they severed my service connection and put me on the hamster wheel and are dragging their feet to give me my SOC and Form 9."

Have you contacted either Secretary Bob or the Under Secretary Ms. Hickey?

[Berta]

Wait, did I read this wrong?????

"St Pete re-opened my case and got a local OBGYN VA Doc" HUH?

That is your door to an appeal right there...How long ago was the C & P by the OBGYN done ?

You needed on oncology opinion........I recently knocked down a ludicrous C & P opinion on my 1151 HBP claim.

I called CUE on them And they reversed within a few weeks....

We have to start fighting back right away when we get these quack C & P opinions.

In no way does a OBGYN have expertise , as far as I know, in the field of cancer.....

[Slowlane]

I haven't contacted anyone......I have no faith that anyone can do anything with St Pete.

Right now, I am beaten down and discouraged. It's not easy to wage a war with the VA and cancer at the same time.

I know this sounds like I'm fishing for sympathy.......I don't play that card.

I gotta go thru this stage of my life for a while. Just sitting on the sideline trying to come up with some useful ideas.. As Arnold said: :I'll be back.

Thanks Berta

[Slowlane]

Wait, did I read this wrong?????

"St Pete re-opened my case and got a local OBGYN VA Doc" HUH?

That is your door to an appeal right there...How long ago was the C & P by the OBGYN done ?

You needed on oncology opinion........I recently knocked down a ludicrous C & P opinion on my 1151 HBP claim.

I called CUE on them And they reversed within a few weeks....

We have to start fighting back right away when we get these quack C & P opinions.

In no way does a OBGYN have expertise , as far as I know, in the field of cancer.....

I thought it was outside the lines myself.

She even got her degree from the Philippines........Forgive me if I have gone politically incorrect here but if you are going to sever someone's service connection at least use a US doctor and trained in the right field.

I really really really believe she was coached by St Pete......This could never be proved.

[Berta]

I dont doubt it. MANy many Years ago I gave a C & P doc some hell but after we talked I knew he had done what VA wanted him to do...say stuff to deny the claim.He told he HATED to be asked to do C & Ps.

He was really pissed too when I informed him that the RO had by then 10-12 copies of an autopsy which, as he said, when I read it to him by phone, would have definitely changed his opinion.

As it was I was able to overcome 2 C & Ps he had done, because the VA failed to give him the most probative evidence I had.

We spoke a few more times over the years and I was convinced that this was a real good doctor, who not only was not given all of the evidence but was coerced into an opinion that would go against the claim.

I think that happens a lot more than we know....and the fact the an IMO from a real doctor will often raise the evidenceto BOD and the claim is awarded..

But they know not every veteran can afford an IMO .

[john999]

How about getting a lawyer to represent you. I use the VARO in St. Pete as well and they are prim AZZholes for sure. There are lawyers in the Tampa/St. Pete and many in Florida who do VA claims. The thing is that this will off load the stress you are feeling right now.

This is why I will not move from current address until I hit 20 year mark on my P&T rating. I trust the VA not at all. If your claim is in the appeal stage the lawyer can pick it up right away. When you are sick it is too much to fight the VA and deal with cancer. The lawyer gets 20% of your retro when and if you win. That is better than 100% of nothing.

John

[Chuck75]

"but was coerced into an opinion that would go against the claim."

That if there was a way to prove, should be a prosecutable criminal act!

[FormerMember]

My suggestion, Slowlane, is to contact Dan Smith ASAP. He is located near you in Florida and will be your shield bearer. I met him at the NOVA conference in SF last month and rarely do I meet attorneys with the fire in their eyes for our cause. One thing about VA claw backs of ratings. VA screws them up almost every time. The laws and regulations for reneging on claims are tremendous and require exams and lots of documentation to prove they themselves committed CUE. I have yet to see one disputed at the CAVC win. Quite simply, they cheat. In your case they resorted to a OB/GYN Dr.and the 30 pieces of silver to say what they wanted. I've seen them use podiatrists as neurologists and an EENT ARPN as a gastroenterologist on Hep C. The list is endless. It's a battle that can be won but let a law doggie do it for you. You need to concentrate on you and let the rainmaker do what he does best. dsmith@lawyers4veterans.com

Welcome home yourself. Thank you for not being selfish when America needed you, sir. God sends the Right.

[Slowlane]

Thanks for the great advise Asknod. I will try to do as you suggest.

I was going to write Jeff Miller for assistance in getting a form 9 and SOC out of St Pete. I actually live in his district. I got discouraged when I went to his website and read what he had to say about appeals.

This is a cut-paste post from his website concerning appeals:

"How can I get my VA claim processed faster?

The Department of Veterans Affairs currently has many claims pending for various types of benefits. Because of that, many veterans feel that their case might be overlooked or handled improperly.

I am always glad to help in these situations. At my request, the VA will "flag" a particular case and keep me updated throughout the process. However, it is important to know that I cannot act as the "representative" on a person's VA claim. You may still want an attorney or veterans representative to help you with this. My actions will not affect the work done by the person you select as your representative."

Pretty bad when the Chairman has no power.

Slowlane

[Fat]

Never give up and don't stop fighting for your life.