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.....

[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.