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]

I am reading and see, but truthfully,,, I am so sick of this VA mess... I fee so horrible everyday, all day...I appreciate al of the help, I am just malaise in fog of pancreatic disease and morphine for pain. it al needs to end, the pain and disease were suppose to not last this long, the surgeons said that the next step is cancer, from necrotizing. And the hell of the claim process which is horrific on anyone. Again, thank you all. I wait for the end. eVERYDAY IS HELL OINA LOCKED CAGE. i MAKE THE BEST OF IT. i STIL TRY TO WALK, I TRY TO EAT. I thank al of you for your help. The end of the process should come while I am still alive. I don't know, everyday is hell. Thank wonderful people. You helped me try to get through this crooked rotten claims process with crooks running it. Guilty until proven innocent. Yes, I am so jaded that it probably looks horrible to anyone reading this. How much can a person take before they go insane. Waiting for the disability claim or the fatal disease to finish me first. Thank you, wonderful caring people. At least I made it this far, without giving up!

[Berta]

Steve, I wish you had followed my advice here to you, years ago.

That costly toxicology report will not help one bit. She never referred to your SMRS or made any nexus statement.

You need an IMO for the 1151 issue. Why not try Dr Ellis or other IMo docs here that did not charge high fees.

All the IMO doc needs to see if the advice I gave you with citations etc, over the years and a copy of the SOC..or SSOC in which they (VA) said the ERCP procedure caused you the necrotizing pancreatitus as it did in those other links I posted at VA and also at private hosps..I still might have a copy of that SSOC but I also think much is at the older board about 8 years ago.

The ERCP VA did (and buggered up big time,) is the far greater claim than the fuel exposure claim.

This was one of your most important posts at the new hadit board:

http://www.hadit.com/forums/index.php?/topic/48047-today-my-gi-doctor-blamed-teh-va-for-my-necrotizing-pancreatits/

and my reply:

"Posted01 April 2011 - 02:29 PM

I forgot to add to my post

“Endoscopic retrograde cholangiopancreatography (ERCP) remains the most common cause of iatrogenic pancreatitis [1]. Studies have shown post-ERCP complications were responsible for greater than 65 percent of malpractice claims [2, 3]. “

Is anyone here willing to give Steve some support here by reading his posts as to the Section 1151 issue?

Iatrogenic means caused by medical intervention ..meaning negligence as his GI doctor at VA agreed. That doctor might even due an IMO for free.

I got a freebee from a former VA Neuro who had treated my husband and went into private practice. The medial records revealed he was the only VA doc who stated a proper diagnosis in the med recs , which someone crossed out at VA..that's OK I managed to decifer it.

It was part of my  evidence ( Undiagnosed, ubntreated DMII from AO.) Awarded 2009

Edited May 19, 2017 by Berta

[retiredat44]

I read the excellent and help and advice given, but am basically just waiting fore the BVA judge. I did include more evidence before the deadline, it was support through a form from a dental surgeon that agreed the teeth were destroyed by intestinal disease. I did not file a claim because they denied my claim for the intestinal disease in 1997. But I included the form from my records, although I had given the VA copies of those dental surgery records in 1997. The regional office kept saying there was no evidence of intestinal disease even though I was treated for chemical injuries and gastritis on active duty. So, even though it was in my VA medical records I added it to my claim when the remand was sent back to the BVA judge and they said include any additional evidence before that date. So my POA took my long letter I wrote and included the additional evidence, to the BVA judge, that did my BVA hearing and remand.. This was March 2017. Of course I have more evidence, that no one reads. They expect me to read boxes of medical documents and outline info for questions they only ask to try to trip me up.

 

The VA regional office actually asked why it took me so long to file. I said I never delayed, I begged for help the whole time, and was denied care. My primary care doctor at the VA was well aware of what I needed, but he was of no help. I asked and begged and most office and clinics told me to get out and I didn't QUALIFY FOR MEDICAL HELP. It pisses me OFF when the claims office asks why I delayed my claims, when they refused me every step of the way. And every time I went to file a claim there was a 6 month wait to talk to someone, or that POA disappeared and would have to a start over with a new one that had no clue. I read these forums and really take the excellent advice and try to ask my POA, but I am at a stage in the process that I can still submit evidence. But,, I can never find  the proper doctor to write a new IMO for my type of injuries. Short of a New IMO to add, I am still happy with the BVA judge hearing I had. of course I can't read minds. My wife asked if the same judge makes the decision that help the BVA hearing. I don't know, I don't remember if anyone ever said the same judge makes the decision. That would be nice, but realistically, I don't see how, people move and change when years tick by.

 

Again, Thank all of you guys, and when I hear something, I will let you guys know!

[Berta]

Steve, we have Dejavu ...I was just thinking of you and you posted here...and Please

DON'T GIVE UP!

It is possible it would be the same judge that held the hearing. I only can assume that because there are not many lawyers at the BVA.

They have a staff of para legals who are excellent however and I realized with my BVA case, that the BVA will read evidence thoroughly. They were quick to note important evidence in my AO DMII death claim that my RO overlooked...even after my former POA said he gave it to the DRO on the second DRO review....I was happy to get to the BVA at that point.

They take the time to review files that are " voluminous", and ROs never take the time to do that.

Dont give up Steve. Did they find those "missing" critical records of the ERCP procedure?

 

 

[retiredat44]

On ‎5‎/‎30‎/‎2017 at 4:02 AM, Berta said:

Steve, we have Dejavu ...I was just thinking of you and you posted here...and Please

DON'T GIVE UP!

It is possible it would be the same judge that held the hearing. I only can assume that because there are not many lawyers at the BVA.

They have a staff of para legals who are excellent however and I realized with my BVA case, that the BVA will read evidence thoroughly. They were quick to note important evidence in my AO DMII death claim that my RO overlooked...even after my former POA said he gave it to the DRO on the second DRO review....I was happy to get to the BVA at that point.

They take the time to review files that are " voluminous", and ROs never take the time to do that.

Dont give up Steve. Did they find those "missing" critical records of the ERCP procedure?

 

I don't know... my POA didn't say anything about that. I can search my hard copies. I might actually have any copies of what it is ....... I am in a state of fog... I try not to make any critical decisions, I don't even like driving, I am so screwed up.... If the VA would giver a digital copy instead of boxes of paper records I could pop it into my computer and search... The VA could save a fortune by issuing copies on a thumb drive instead of reams of paper... and then any would could just use keyword search or print out what is needed... I believe we, my POA and I did give the judge a copy of the initial first few days of tests and procedures which went bad.... so it might have been in the first few days of records.... I would go to a date in my boxes of papers, and hand them to my POA, he would take them and type out a form about the evidence being submitted.. if something was needed my POA would have told me. I had my boxes of records in his office for a few hours twice now. So, hopefully he didn't see any issues my records could resolve. I did say that the VA scorned me for asking for copies of my records because it took several Zerox (paper copies) boxes to hold the copies. And my request did not cover everything, it was only for specific items and terms when I did the record request. They told me that they would not give me copies again. This was the year 2010 (I think it was) when I requested copies that had information about several health issues. (my six month hospital stay was 2008). If I can bring myself to look without a panic attack I will look again... I wish I could burn all of this stuff! We have open fire season, farm trash burning season, BBQ season... I am sure I could toss this stuff into a fire any time. I just got done burning part of a 300 year old maple tree that fell by my house during a wind storm a  while back... VA papers would have been a relief as they burned... and maybe even made a cool night warmer..

 

Anyways... more stuff to do.. wish I could just do nothing... if only!

 

Thank you!

Steven

 

 

 

 

 

[retiredat44]

BVA currently in 2nd remand...

 

the tests for current condition show lots of life threatening issues, and these were expected with pancreas disease and liver disease. Extremely low white cell count, blood in urine, liver functions elevated, doctor says maybe hepatitis, Glucose level showing diabetes , 40x over average. The surgeons (San Diego) )gave the doctors instructions who often to test and what kind of tests. Instead the VA in Portland ignored al of the recommendations in my medical files. Now I am really bad shape. I am sick of going to the primary care, instead of being sent to specialized clinics. I don't have the will, health, and energy to drive around all over Portland. I just need them to stop lying about my visits and symptoms and help me now. The 2nd Remand from the BVA judge could take forever. What a mess. I told them over the years I am slipping downhill fast, sick, very, very sick. I spent most of my time laying done, spent half my life sick and in and unable to work. I am scheduled for a primary care visit in 3 weeks then Cat-scan in 4 weeks of the pancreas and liver disease. I am very scared of going back into a hospital bed, last time I spent 6 months in a hospital bed. I won't live through it this time. The BVA remand will probably take longer then I will live. I wrote tot he VA in my claims asking for expediting my claim because I have fatal diseases. they refused to listen. They never expedited my claim. The BVA judge has been good to me. Although I have no clue what will happen when he get's it back from the regional office who bungled the whole thing going back since the 1990's. I hope my wife get the win if I die. I bought some very expensive life insurance incase I die so my family can pay off the house. I hate to be a Drama Queen but I feel when things go bad. I can barely do my daily activities. it takes al of my energy to do normal things. My BVA paperwork seem to come to me about once a year asking for info, c&p, more iMO's more appeals. etc.. it breaks my heart everytime I see a VA envelope. My wife  is freaked out and refuses to read test results. I do what I can. little walk around the yard, little walks with the dog, little hobbies, but am exhausted, sick, tired, feel like hell, tired of stupid doctor appointments that get nothing done. Driving an hour to see a doctor is very hard and often I can feel the blocked arteries restricting the blood to My heart, and feel like I an going to pass out with a stroke. As I have Diseases that block the arteries and veins from the hepatic system, and the blood from my liver and pancreas to my heart. I don't trust the Portland emergency room, they lied badly last time I begged for help, and my doctor wrote notes when I told him about the bad experiences I had to bad doctors at the VA. I am not sure if the management at the VA realizes the hell we go through and the bad people running it. Do they care? why don't they fix it?