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retiredat44

Latest update for BVA hearing for 1151

Question

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 by retiredat44
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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...

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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.

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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. 

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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 by retiredat44

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