Latest update for BVA hearing for 1151

[retiredat44]

Latest update for BVA hearing for 1151. BVA hearing was March 2016. Was 6 months hospitalization and failed surgeries. Necrotizing pancreatitis and too many other problems to list here.

 5 more appeals that were also suppose to be BVA hearings, but were never scheduled. My VSO asked the judge for those to be included as part of the 1151. On Ebenefits website, it says the VA worked on the BVA hearing decision yesterday, 06-21-16, the last date I saw progress was May 2016. There is no more info on what they were working on. I Only says there is, was/will be a BVA hearing. It's confusing because it doe not actually state whether the one BVA hearing was combined as requested during the hearing. I formally requested the original BVA hearing in 2009. But they only gave me one for the 1151 I filed. In any case, it did say action the case was worked on yesterday. But nothing specific. it only points to a generic page about BVA hearings.

Edited June 23, 2016 by retiredat44 (see edit history)

[retiredat44]

http://veteransmedadvisor.com/Bash Bulletin.html#How to Speed

 

Many of the listed issues are relevant to my 1151 claim

[retiredat44]

Latest update,

My 1151 case, BVA hearing was in march 2016,  is at the BVA,VLJ (Veterans Law Judge). According eBenefits.

The VA also just payed a few years of back pay that was never payed, for my daughter child care, while she was a college student, and living under my roof as a dependent. They still will not pay for here college and University tuition (backpay), Until I get the 100% rating if/when  appeals are decided. She is going is going her Masters degree, but had to take out loans...

The BVA Judge.. is currently making decisions.

 

 

[retiredat44]

My 1151 From the BVA hearing: eBenefits says 'A decision Has been Made, Notification has been sent'. I do not see any other new info on the website.

[retiredat44]

Note: I have 2 more BVA appeals, that I have not had a hearing yet, going back to 2009. We asked the BVA to combine those, but do not know what they decided.

[retiredat44]

During the BVA hearing the judge asked if I had been hospitalized stomach issues on active, to which I had been hospitalized for gastritis. They have all my hospitalizations in my SMR's. Plus  of the times I was treated for chemical exposure, but since the hearing was for 1151 issues, I could not expand my answers for everything involved and related.

[retiredat44]

The update on ebenefits:

Received: 03/11/2016 Return to Work in Process

Current Progress

Remanded Appeal

============

 

I don't know if out of the 3 appeals, and the one BVA hearing that was for the 1151 are al in the remand... or just the remaining two, or al combined... I wish they would communicate...

[retiredat44]

thinking back, at one point I was so disillusioned, I had moved and had no choice but change my POA, from the AL, to something new.... in Oregon, there was no AL , American Legion anyone near me, and I went to an office located in the Salem VA building... and I had an appointment with someone who treated me terribly in the VA offices of appeals and veteran services,, he was mean rotten and refused to listen that I was already in appeals,,  they also interrogated me like I should never use the 1151. This wasted 2 years, they acted like they were on the side of the VA and were only there to discourage vets from filing appeals.. I cannot say how mean they were, uncaring and were on the edge of calling me stupid, saying that I had no clue what I was doing and I was wrong (I tried to show him the mountain of papers from my claims and he kept to his belief that I had just took all my papers put them in a pile and have never filed a claim .),, (in reality I won my first claim without appeal in 1997. I also lost a claim with a denial, but had no clue and thought I would try to get more evidence, before I appealed this claim. And they try again.) and they ended up firing this supervisor after that.... he was never again to be seen. That rep almost destroyed me and my long extensive 10 year battle. They then gave me a new rep, I feared he had destroyed all my chances.. he was that bad... I ended up with a sympathetic judge, but in the remand circles for several years, as the judge demanded the VARO use the evidence they ignored. I am very happy I filed the 1151. Although I do not have my decisions yet from the BVA judge, they have not been denied either. I think it is year 3 of with the BVA, which is 3 years after the hearing has passed. No SSOC has been sent to me this year, which means that I have not yet been denied. And 12 + months has passed since my last communication with the BVA. The VA website says it is in decision phase. I must be closer to a resolution.

[vetquest]

I have had a similar experience with my first claim.  I went to the DAV and had a good counselor but he had a heart attack and I was assigned a new one.  One day before my hearing he called me in and said "do you really deserve disability?"  I went zero percent after being discharged as medically unfit for service after just shy of eight years in.  A bad rep can make your case fail. 

[retiredat44]

I just found this:  

 

Gallbladder Removal Surgery Injuries Cut Bile Duct Lawsuits

https://www.millerandzois.com/gallbladder-surgery-bile-lawyer.html

the VA got an IMO against me that says (the BVA has it to fight my 1151):

From the college of Gastroenterology. The cutting of my bile duct was a foreseen injury, causing necrotizing pancreatitis. The VA says when you sign the papers before surgery, you agree that if little things happen it is normal for things to happen. Of course they make you find an IMO, to fight the b.s.

Of course I have already had my case move much further along.. but thought I would put this in here,,, just for posteriority, maybe someone else can use it...

IMHO

 

I am not using their info as an ad for them,, but what they say about their disclaimer you sign before the surgery is b.s. because when they cut these part it causes life long hell.... and is a blunder,,, not just a little forseen mistake... I decided to not copy their info,,, but left the link,, for those that want to know about what happens when there is a surgery gone bad, and a cut bile duct, and the doctor and or hospital says it was forseen and not their fault... well, when you read this, it sums it up pretty good for it being b.s. when they try and wiggle out of being responsible...

Edited November 13, 2019 by retiredat44 (see edit history)

[retiredat44]

it looks like they low balled me bad on my 1151 win with my necrotizing pancreatitis.

I have like 5 issues,,,

1-the 1151 was a pancreas procedure that failed (won)

2-depression from illness and pain (won)

3-skin issues remanded (eczema skin swells too) remanded

4-gastritis and ibs from active duty originally filed and denied 1997. (remanded)

5-myosotis (muscles fill out, flab, but no power, no nutrients from the intestinal and pancreas disease, so they are very weak) remanded

6-neurological (the neurologists said it was Parkinsons... but originally had taken meds on active duty when I got sick from chemicals and took meds for tremors) but I lost al controls of my limbs and had to be bathed and moved by others until I got strength up and got some of the limbs control back, but lose control of my limbs when doing strenuous activity (remanded)

 

I was at 60 % for many year (50% headaches plus 10% for bad knee patella from active duty)

now with the 1151 win from the pancreas surgery issues (was in VA hospital 6 months fighting for my life after they cut the wrong parts) plus depression, my rating looks like it went to only 90%

Of course the remands are still out there..

Was I low balled ?

 

(I downloaded my benefits letter and found this number out.)

I sent my POA a copy of my BVA decisions.

 

Rhetorical and depressed, who can one with 1151 with necrotizing pancreatitis, spend 1 year in a wheel chair and in bed, no chance of any cure ever. Very sick and in severe pain every day.

60% to 90% low balled? and with a few more issues in remand...

 

any more advice?

Thanx..

 

 

[retiredat44]

I have so many questions, but it looks like the VA/BVA is sending me to some more C%P exams.

At this point they rated me at 90%

1- My Necrotizing pancreatitis is the worst version, the only version worse is cancer. I know this because my doctors told me many times over the condition of my pancreas and other surround organs. Also have the portal and splenic veins from the liver tot he heart partially blocked. Plus liver disease. Much more. But, to me it looks like the BVA or whoever cheating on the rating, that should have been 100%. it is permanent, inoperable, and have spent 1/2 my life in constant suffering. I am not sure, but if I was at 60% and added (the pancreas disease alone should have been 100% for the 1151 win) for pancreas I should be at 100% . I don't have the documents yet, but I think they lowballed me.

--------------

http://www.militarydisabilitymadeeasy.com/thedigestivesystem.html

Code 7347: Pancreatitis is the swelling of the pancreas that occurs because the enzymes it produces become active while still in the pancreas. If diabetes and pancreatitis are both present, both cannot be rated. Rate only the one that gives the highest rating. If the whole or part of the pancreas is surgically removed, then rate any continuing symptoms on the following ratings, with the minimum rating of 30%.

Ratings: If there are seriously disabling attacks of stomach pain with very few pain-free periods, significant amounts of fat in the feces, the inability of the small intestine to absorb the necessary nutrients, diarrhea, and severe malnutrition, it is rated 100%.

If there are frequent attacks of disabling stomach pain, weight loss (lower than the average weight weighed over the last year), and other symptoms like diarrhea or significant amounts of fat in the feces, it is rated 60%.

If there are at least 4 to 7 attacks of disabling stomach pain each year, it is rated 30%.

If there is at least 1 attack of disabling stomach pain each year, it is rated 10%.

=========

I also have swelling, but it is different, sometimes the legs swell more, other times it is my right chest, or my arms are puffy. Everyday it is different. (they may C&P me for the skins issues, and swelling too, the excema is different different types of skins issues, with dark, scabby, or dark, or red like blisters, swollen lymph nodes, etc.) Not sure if these will be on the C&P. The liver disease causes lots of skins and limb problems.

2-They never ever gave me TDIU, I asked many years ago. I had to stop working in the early 1990's (SSDI in 1995).

3.I suffer from Parkinsons (the doctors saw me suffer with it for 6 months in the hospital and the home care nurses the va gave me for a few months at my home watched as I had no control over my body for a couple months., they are trying to say my father had it, who was a Navy veteran during Korea. He haver had a Neurological disorder, he died of COPD 20 years ago.

Many more, but these VA are liars, crooks and no matter what they make you fight and fight.

I have lots of documents, I gave them documents, but believe they never read any of them.

I guess I have to bring documents to the C&P exams for the doctors, I am sick to death of explaining everything to these lying morons. (sorry, but all they do it continue to make me angry)(they thrive on being crooked lying bad people).

There should be penalties for government employees who are lying treacherous dirtbags.

I know i should be happy for some wins, but as usual was shortchanged by them. spending 1/2 your life in bed sick no chance of getting better, suffering is severe pain. Constant fevers. i was hoping so bad this nightmare would be over.

C&P exams coming supposedly, and I am usually very sick and angry by the time I see these doctors, and they don't disappoint (sarcasm).

 

So, this is partially where i am at. I did list intestinal disease in the 1990's, and had been trying t get help from Kaiser hospital in the late 1980's and early 1990's. They said I had gastritis, and ibs, and was a drug seeker, and also had to have a spinal disc removed, they refused to mri it and when they did after 6 months it broke while they screwed me around and left me crippled. Kaiser removed my gallbladder, but it did not help. I gave the documents tot he va, and I bet they never read those. If they try to go back and look at a c&p for that ibs I will find those in my boxes and bring them. But, Like I said I gave the VA copied in 1997. I also gave them copies of the paperwork from the dental surgeons who said on the documents the loss of my teeth was from intestinal disease. (lack of nutrients, caused them to melt away very fast). I am not sure what al the C&P will be for, until they send me the appointments, and often they don't tell me, they just says I have an exam. I have had them send me to 4 exams in one day and repeat some. So, No clue what's going on. My wife is going with me. They better speak English fluently without an accent. My ears cannot understand anything else.

 

Thanx for listening.

Edited January 1, 2020 by retiredat44 (see edit history)

[retiredat44]

an update, I totally disagreed with a date that made no sense to me, they retro'd me to. They pulled the date out of their butt. A while back I sent in a CUE for the date to go back to the proper date. They keep fighting me, and I keep sending them documents showing dates. Last denial was stating I had no claims before 2012. I sent them a VA letter showing my claims going back decades. They are either totally incompetent or liars, or both. I had to act on my CUE sooner, and am too sick for this stuff, but get no help. I had a heart attack recently too, and need to take care of any unfinished business, because they day is coming when it will never be changed and fixed. I wish I could post good news for people, I know this barrage of bad stuff wears on people. The VA sure doesn't want good news.

[retiredat44]

still waiting.... it only took the 6 weeks each time they denied... and I send them back copies of letters from the VA with dates that they said were wrong, why can't they read my records, why do I have to send them back to them for the correction? (rhetorical) duty to assist is still total b.s. and lies. Congress will never fix the VA, anything they do is too little too late.