BVA sent remand back to regional VA, they failed to follow the judges directions

[retiredat44]

BVA sent remand back to regional VA, they failed to follow the judges directions. They only copied what was in the first denial, and did not meet the conditions of the BVA judge.

They totally ignored al of the injury and chemicals that got me sick. They did not use any of the missing evidence the judge stated in the remand.

I am asking my POA to help me craft a letter to the local VA and BVA, specifically citing areas of failure in the SSOC. 

I know my case is complicated and very lengthy.

 

I worked with chemicals and got sick on active duty. I had skin disease and was also hospitalized for gastritis, while on active duty.

I got sick from jet Fuel, Leaded Gasoline, Diesel Fuel and Trichloroethylene.

 

The denial only listed Jet Fuel, and they never addressed the other chemicals , never, ever, in any response to my claim. Not di they acknowledge my hospitalizations on active duty. All were omitted and never responded to which were also listed by the judge in the remand.

I am also the one who spent six months in a VA hospital with a dying pancreas.

After I moved from San Diego to Oregon, after being treated for 20 years at the VA in San Diego, the care has been lacking and not nearly as good. I am having more complications, so I don't know how much longer before the next medical emergency. I just had one where an artery swelled up that was blocked and I bled internally. I have budd-chiarri disease, Splenic vein thrombosis, and necrotizing pancreatitis, arteries are partially blocked to the heart. The femoral artery from the leg through the goin swelled up badly and bled inside of me. The doctors screwed that up and try to say I has skin infection. but nothing could be found from a scraping and microscopic inspection plus waiting 6 hours in the emergency room, they told me to come back if it happens again. It happed again, this time I took photos and of course my doctor was gone (vacation?) and the fill in doctor was worthless. It showed a very blood red and blistered area where the artery passes from the leg to the body. By the time I drive and sit the swelling goes back down. and leaves blood inside where the vein leaks. The doctors are clueless up here!

The VA is a nightmare here.

 

I would also like to get another IMO. My last one form a Toxicologist doctor was hard to find and extremely expensive.

 

[retiredat44]

Thank you,

 

I am seeing this, but need to come back in a little while. I need to continue on my list for my next meeting with my POA. In next few days I will be back. This is so hard going through all this.. I am too sick... I have a very hard time thinking...

 

thank you again for looking up more helpful information!

[retiredat44]

Ok, so, where it al stands, saw my POA. Wrote a letter, added more proof, evidence from the medical files. This evidence was never included, but was sent to the VA in the 1990's. This letter and additional medical evidence was sent back to the BVA judge before the 30 day deadline will be up.. The judge will now determine my fate. The C&P's were of no help. I also have more serious health problem, I had femoral artery balloon up in my leg and groin area a couple weeks ago. I am trying to get help for that, after a bogus and unhelpful emergency room visit, plus 2 more doctors. Plus photos of one more time when the other artery on the opposite leg bleed out into my groin. I have the partially blocked splenic vein. The emergency room totally lied on my visit forms. My primary doctor finally said he will take a second look at my leg, I had clots form when I was in the hospital bed for 6 months. He refused to send me to the proper clinic every other time I begged for help when I told him about the clots, and large lumps in my leg. The whole nightmare is unbelievable. I am convinced the VA , at least up here in Portland is rotten. The regional office (San Diego) only copied their last denial and sent that back to the BVA judge. I suppose sometime this year the BVA judge will rule. I am so disgusted, so sick, so pissed... My POA said the judge will decide. Period. I don't think anything I can say here will help anyone, I can only say thank you. Thank all for the help.

[retiredat44]

BVA judge has had my documents back from the remand, for 3 months (March 2017), I also included a letter plus a copy of a document from medical treatment I received many years ago, showing the treatment and gastritis that I was treated for, on active duty USAF. was also part of the cause of tooth disease which caused a surgery done at a hospital a few years later to remove all teeth in one surgery because of the damage from intestinal disease. Of course those medical documents were all sent to the VA back then (20 years ago, during my first claim which was denied) and listed but the VA never looked and reviewed these documents. so I included another copy to the BVA judge.

[vetquest]

Been there where the VA refused to follow the remand instructions.  My lawyer asked the board to decide the case there.  Now let's hope that the board considers all of the medical and lay evidence we have provided.

[broncovet]

So, based on the numbers Alex posted, BVA can do 17,000 claims a year, but they get 60,000 and there is already a 5 year backlog.    Unless this reverses, or gets not so bad, the 5 year bva wait will become 20 years in the not so distant future, so Veterans who are over 50 might just as well file a substitution of claimaint and assume they will be dead before the claim is adjuticated.  

[R3dneck]

Depressing news isn't it Broncovet?