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Question

My husband had a Video Conference with the BVA on December 11, 2014. My husband's Appeal has been in Remand status since May 2015. On EBenefits denied disabilities, i.e. Rectal Cancer. even though, a later presenting Prostate Cancer was granted as presumptive to Agent Orange. Additionally, secondary disabilities to Agent Orange denied. To that effect, were the reasons for appeal. Those  were the disabilities shown and listed as pending "disabilities"..  We were able to get our C-File request granted  on November 23, 2016.

Shortly afterward, there appeared  simply a message which states that there are no disabilities pending.  However, we have not received any written communication from VA at this point. 

So, I guess my question is:  Does anyone know what does the  "disappearance" of the listing of all the pending disabilities mean to be replaced by the simple statement:

"There are no disabilities pending.."

 

Cheryl-Wife of DonH

Edited by DonH
word omitted

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That is odd.

Ebenefits stated I had  53 past issues when I first enrolled.Then that message disappeared.

I think they got the 53 figure from my H VAC Shreddergate testimony- 53 USPS tracking slips of evidence I had sent over the years that they had ignored.

Does ebenefits acknowledge receipt of your NOD if you have filed that yet?

Is it possible the prostate cancer was, in fact ,what they considered to be rectal cancer?

These are two distinctly different forms of cancer. However prostate cancer can metastasize and cause rectal cancer as a secondary disability:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3104640/

Can you scan and attach the Reason and Bases and their evidence list for the AO award?

(Cover C file # first)

Was the rectal cancer formally claimed as due to the prostate cancer?

Did he have a  C & P for the rectal cancer or was this cancer brought up and opined on ,in the prostate cancer C & P results?

One of my claims took years because the VA kept saying they could not re open a DIC claim regarding the same death.

I pursued it until they awarded. It was not for the same death.

It was to change a  1151 DIC wrongful death award to a direct SC death.

It did not alter the established fact that my husband was a victim of VA malpractice.

But it proved that they killed a decorated combat veteran with 2 disabling AO conditions, that they malpracticed on in his lifetime.

I have 4 DIC awards.They are finally all correct.

My point here is ,and other hardcore claimants here might well agree, that 

We deal with people at VA who either don't know the regulations or do know them but will do all they can to try to circumvent them, to our detriment.

And some of them cannot even read.I have documented proof of that.

They could have made a major error in the award letter, but we need to see their actual words in the decision.

 

 

Edited by Berta
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Yes, its odd, but ebenefits being wrong is not odd..its par for the course.  Still, you probably dont want to ignore this.  

Does your appeal show up on ebenefits?  Remember, it probably isnt a "pending disability" if its in appeal..its a pending appeal.  

If you dont have an pending appeal, you should find out why/what happened to it.  

If you are represented by a VSO, then you should call on him or her to explain, and then expect your call to not be returned, as most VSO's dont return Veterans calls.  Its against their principle's.  There job is to get NEW POA's, not take care of Veterans, since the national organization gets paid by POA's.   It looks like they are working hard when they have a lot of POA's.  

Anyway, after the non return phone call of your VSO, then call BVA omnibudsman, if it "fell off" ebenefits appeals section.  

Also you can try an IRIS email.  

If these things dont work for you, then suprise suprise, you are like most of the rest of us.  

You may have to take more drastic action, such as "email Bob" or even a writ of mandamus, after you contact VA and give them time to respond.  

   

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Bertha, thanks!

 

On January 9, 2016 I described the beginnings of what occurred with my husband. True to form your response was excellent as it also today.

my initial inquiry is under: 1151 Payment Regs :as To Two 100% Ratings,one Sc , The Other 1151.

 

The Rectal cancer preceded the Prostate Cancer. My husband lost his sphincter and wears an ostomy bag........we discovered the loss of his sphincter could have been avoided. we filed a claim for a soft tissue (rectal cancer is a cancer of the tissue and muscles ) cancer presumptive to agent orange. we were denied. we filed a nod. we filed a complaint stating our grief of disappointment under 1151 regarding my husband losing his sphincter due to the right hand not knowing what the right hand was doing. at that time it was just possible to write out your complaint. however , we received notification that we needed to submit our complaint on a new form.

 

we eventually found an agent to represent us. she filed a 9 and requested a BVA Hearing. .My husband had a Video Conference with the BVA on December 11, 2014. My husband's Appeal has been in Remand status since May 2015. Therefore a described above is the status. The appeal is still showing as an open appeal to have been remanded broncovet. Shortly afterward the C-File request was granted, there appeared  simply a message which states that there are no disabilities pending.  However, we have not received any written communication from VA at this point. 

 

My husband was diagnosed with Prostate Cancer about 1 1/2 ago---he did get 100% on that claim. However, they have attempted to reduce him on at least a couple of occasions----but the C&P as well as the doctor's reports and agent replies they have not reduced my husband.. The cancer is being maintained via Hormone shots; not cured though. Unlikely because since he already had radiation for the rectal cancer, the VA doctors are reluctant to give radiation again.

 

Although we have an agent, I still do additional research and seek findings from others who have had similar experiences.
 

Thanks for your input. as well broncovet.

 

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Lots of 1151 info in our FTCA / 1151 forum.

VA fights these claims aggressively.

1. there must be documented proof of additional ratable disability due directly to VA negligence.

and

2. There must be documented  medical proof of the negligence.

These claims 99% of the time require a strong IMO/IME.

In my 1151 issues I studied the entire medical records, etc etc etc, to find evidence of above,to prove my 1151 claims.

VA certainly will not do that type of review.They do not want to find evidence of malpractice.

 

 

 

 

 

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I went over some of your older posts.....I dont know if the BVA remand I posted lat year was yopur husband's remand, it did not mention 1151.

in this recent post you said:

"cancer presumptive to agent orange. we were denied. we filed a nod. we filed a complaint stating our grief of disappointment under 1151 regarding my husband losing his sphincter due to the right hand not knowing what the right hand was doing. at that time it was just possible to write out your complaint. however , we received notification that we needed to submit our complaint on a new form."

That is confusing. I have filed multiple 1151 claims and never used a form.Some Vet orgs however, might have a form.My last 1151 was filed only a few years ago.

Maybe you mean you raised the 1151 issue in the NOD.:

"we filed a nod. we filed a complaint stating our grief of disappointment under 1151 regarding my husband losing his sphincter due to the right hand not knowing what the right hand was doing. at that time it "

A Section 1151 claim is separate from a NOD on a prior claim that did not involve any 1151 issue.

It would make sense if that is the case, that the vet rep advised filing the 1151 separately.

The VA does not care about our grief or disappointment,......they only care about evidence...and in 1151 issues they will often try to ignore the evidence.

I had no help at all when I filed FTCA and re opened my husband's pending 1151 claim.

I had no lawyer and no IMO. I do NOT advise anyone taking that route on FTCA and/or 1151 claims.

My DAV vet rep was useless, no google/internet  then for malpractice IMO doctors,and every lawyer I contacted told me I I could not pirsue to sue the USA via FTCA and I would never win any malpractice claim at all.

They were all wrong. But as I said here before when I re opened my death claim for AO DMII I knew my evidence was solid and had no problem sending Dr Bash thousands of bucks because I knew my case was strong.

He did too and did the IMO in less than a week.I even sent 1750 more to a cardio forensic doc, knowing he would agree with my DMII claim, but I got back some of that cash because the award came before his IMO was even done.

Malpractice has an intricate paper trail in the medical records.In my husband's FTCA case I discovered and proved that one VAMC tried to cover up the malpractice from a different VAMC.

VA will ask for medical  proof of the 2 conditions I mentioned above,required for 1151 claims..

That criteria goes for FTCA cases as well.

 

 

 

 

 

 

 

 

 

 

Edited by Berta
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Berta,

The NOD was separate……. Rectal is a soft tissue cancer because it is a cancer of the tissue and muscle. VA requested that we submit research to that effect. We did submit the research to that effect. VA sent a list of cancer that were excluded as being soft tissue cancers. Rectal cancer was not listed on the exclusion list. To that effect, we argued, how can a cancer not on the exclusion list be discounted?

VA denied the claim anyway. Upon denial that rectal cancer was a soft tissue cancer. We did a NOD.

Bertha, when stating our grief of disappointment under 1151 was just courteous word description used. We conveyed that medical malpractice had occurred in 1151.  There were no new forms whenever we submitted our written complaint of medical malpractice/1151. We typed it in good clear English that to proceed with an operation when medical records clearly state that the radiation had zapped the rectal cancer indicates that the right hand really didn’t know what the left hand was doing causing a medical mishap. And, in addition to that fact, the surgery was a blotched one. The robotic surgery had to be ditched from the beginning because the doctors ran into a lot of scar tissue because of the radiation.  I wonder why the doctors did not know that radiation produces scar tissue? The robotic needle punctured my husband’s colon. And he bleed profusely and was losing so much blood that they had to give him a blood transfusion. When at the point of proceeding again with the operation, the traditional type of operation was done. My husband’s sphincter was not saved; per the operating doctors explanation as to why, the cancer had gone below the sphincter and it could not be saved. Yet, the medical records state the radiation zapped the cancer. So why did my husband become maimed to be rendered incontinent accorded his bowel movements? And contradictive answers were given when we made inquiry.

Or did by puncturing my husband colon render my husband loss of his sphincter? The fact remains had the doctors read the medical notes, the facts of the cancer being zapped made the surgery unnecessary. An unnecessary surgery gone awry to be botched and leaving my husband unnecessarily maimed with the loss of a very necessary body part. Surgery occurred in January 2012. My husband has been angry (not helpful to his PTSD) about the fact that he was never told that the radiation had zapped the rectal cancer, had he known, he would not have gone through with the surgery and would have his sphincter without having to wear an ostomy bag.

Furthermore, the operation took much longer than anticipated from a 9 in the morning until about 10 or 10:30 in the evening. My husband recalls that the operation room was helter skelter the morning or his operation and the head operating doctor was not a happy camper regarding this fact. He further remembers feeling apprehensive due to the doctor becoming very angry and agitated because the operating room was not in order as expected. My husband recalls feeling like telling the doctor to postpone the operation because of the doctor’s obvious upset-ness. My husband was put-off in feeling he didn’t want a doctor in an upset mood to operate on him.

In 2015, an aggressive Prostate Cancer was identified. The prior rectal surgery, the prior radiation makes the doctors tread lightly regarding radiation this go-round of cancer. The radiation could possibly be curative. But, the doctors are selecting to prefer the hoemone shot thearapy which has contained the cancer. The doctors are not eager to do radiation. )

Other issue being claimed or increases being sought:

*VA denial of my husband's Neuropathy in both hands and feet—being denied (My husband has Diabetes 2/10% controlled by diet.

*VA denial of My husband has degenerative disc back issues related to musculoskeletal arthritis)   (X-rays from an outside doctor submitted)

Increase in PTSD from 30% being sought

Increase in hearing from 0% being sought. My husband wears a hearing aid on both ears

Increase in Hypertension from %  being sought.

Erectile Dysfunction is at 0%.......we did not at the time of the BVA indicate an increase. Yet after the Prostate Cancer exhibited my husband frequency of urination is rampant; leakage (wears pull up diapers; changes  frequently) and sexual ability of performance is none existent .

 

BVA held via Video Conference 12/11/14

The 1151 written claim was referenced and brought up and discussed  in detail during the BVA

BVA remand to Madison, Wisconsin in 5/15

E-Benefits no longer showing pending disabilities. But, is exhibiting a statement there are no disabilities pending.

Oh by the way, my husband turned 74 this past July 2016.

Edited by DonH
wrong word used; added details of information added.

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