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HELP! the BVA Appeal is a screwed up mess ! They are sending me back to do the exams 3rd time!


This is updated,

(10-22-16) My first attempt failed when writing this I was exploding because of receiving crazy news...

BVA appeal

I went to my C&P exams, Jul and August 2016. The first time (3 exams), I went, then they said I had to repeat (I repeated one). I went back and repeated. Now today. , late in the day on a Friday they call me and tell me, through a 3rd party service they said the VA uses, that I have to go the exams. I tried telling them I completed them a few months ago. it didn't help, they gave me phone numbers. I tried those numbers and were worthless! absolutely worthless! They must have lost my exams, double booked, I don't know and no one I try to talk to can help!

They are sending me new exam info via Fed-Ex. Has anyone gone through this much hell because of total incompetence!

They told me I am going back for the same exams I complete 2x.

Not counting spending 6 months as an inpatient at the VA. Where I had pancreatic surgery and major complications.

They need more info?

They want a better outcome for them?



Edited by retiredat44

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Sorry you're having to go through that brother. But if it makes you feel any better they did the same shit to me and probably others. Hang in there.

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I sent the info to my VA claim reps.. not sure if they are of any help yet... who knows.. *sigh


for those that don't know what it's like to be harranged, questioned, grilled, and have some inept intern jumping up and down on your stomach with pancreas disease is horrific pain, even with morphine.. it is very painful to talk... because the muscles you use for everything  use muscles in the stomach area... moving walking breathing are all extremely painful... and they want you to explain what it's like to spend 1/2 your life in hell.... they write that down and send it to some clerk with no medical training... 3rd time around! why?? why?? why?? why?? the surgeons talked me everyday for 6 months as inpatient, boxes and boxes of va medical records, and a 3rd time at some clinic for questions and exam again, they can't see anything from outside the body! They can only interrogate me, and poke me!!! Every year they (VA) catscan the pancreas and disease cysts and diseased arteries to my liver and heart. the cysts are pre-cancerous that line my dying pancreas, necrotized pancreas. also have budd-chiari syndrome. Not enough blood gets through the liver to the heart because the arteries and veins are diseased. So, I am very limited on physical activity and the veins break and often lead to death if the wrong ones break. often, I pee straight blood, but if I vomit blood it means I am dying because of those veins can't stop the bleeding  by the stomach. Was tube fed 6 months without the ability to eat or drink. isn't that enough?

Edited by retiredat44

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I probably am not clear enough, just so fed up with the VA! The people called are contracted out by the VA to get people through the pipleline faster to clear the back cases. The C&P examiners already did their exams a few months ago and sent their reports back to the BVAQ appeals judge. The problem is that they finished with my  Regardless who got them, they were all done, and even had a redo done on an exam. The BVA Judge told the VA R.O. to do it correct. That's what they did Last June, July August 2016. Now it is if they have duplicate orders and someone has me redoing them again 3x ! and what makes this suck more is every number they gave me to call gives me a clueless person !

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Is this for the 1151 claim or the fuel exposure claim Steve, or for both?

I still have the stuff I posted here for your 1151 claim and I feel it is definitely cut and dried...but I also know how aggressively the VA will fight those claims.

Personally I felt your IMO for the fuel exposure claim was not strong enough...even though it was a very large opinion...but only because I saw no medical rationale for the nexus--- and maybe I missed that when I tried to read it all.

Have you ever obtained an opinion (IMO/IME) for the 1151 issue?

I  did not think you needed an IMO/IME for that , I sure didnt for my original 1151 and FTCA , but when I found 5 years later of additional malpractice , I sure got 3 IMOs for that claim.I was not going to take a chance that they could deny.

If they are doing this solely for the 1151 issue, I hope you hang in there,because they are, in my opinion, trying to get out of confirming the malpractice.

Years ago I made a long point here on the malpractice and you posted that even your VA doctor agreed that "They" the VA caused the necrotizing pancreatitis. Did the doctor ever enter anything like what he said into your medical records?

You have to hang in there. The VA in a denial I got under 1151, at first, made a statement that I feel is unconscionable and even libelous. It was one of the lowest days of my life....they said things about the veteran, my husband, knowing full well, that since they killed him, he could not speak for himself.

After I spoke to the C & P examiner, I found out what they did, to get that horrific opinion....

and I used it against them and they conceded the award right away.(They also refused to even consider the settlement I had made with USA for wrongful death.I called the General Counsel VA who put them straight on that one.)

The VA will stoop as low as they can go sometimes.

That is one reason why I enrolled into and graduated from a Military school ( AMU) as a civilian.

I wanted to make sure I was up to playing their War games and that the VA could no longer f--- with me.

Hang in there Steve...and let us know what your VSO thinks about all this.

Additional C & Ps can be a GOOD thing because you might get a 'real' doctor who can read at the next ones.

The bad part about additional C & Ps is what I experienced.I had 3 IMOs, they wanted 3  posthumous C & P opinions. It didnt matter in the end. My opinions were fabulous, and their last one I knocked down myself and the BVA agreed with me and shit canned it....and awarded.

Just hang in there Steve. Many here know how frustrating this crap is.







Edited by Berta

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  1. the company that said the exam is contracted out to, said the exam I am being sent to is for the pancreas.......which  was part of the general med exam I had gone 2 x C&P plus repeat which the pancreas exam was part of at those 2x c&p exams at a va c&p office..... not counting the exams I have at the va every year, plus the annual cat scans..

I was hospitalized for gastritis on active duty (3 days in the hospital on a USAF base I was stationed at.). Plus had the severe skin issues from the chemicals which included severe swelling and bleeding.

At one of the C&P's the doctor read to me that they noted in my medical records I was treated and hospitalized for gastritis on active duty. I do vividly remember being sick in the hospital with gastritis on active duty.

then a few years later I had pancreas disease. then the operations started, gallbladder, then pancreas...



They are sending me again which will make a total of Five C&P exams, which make 3x for the pancreas making it be a 3rd time repeat for same issues.

other C&P's I went to were mental and neuro.



They rushed the C&P exams in June/July/August and repeats. The doctors at the VA C&P told me they would send in the reports after writing them.

Now, 3 months later they said they are sending me for same exam I went to 3 months ago. On top of that it is not a VA they are outsourcing this repeat.

makes no sense why the repeat 3x ?



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