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]

update: since the blood tests, that go before the coming cat scan of the pancreas and liver disease, the tests showed low white blood cells, Glucose levels and liver functions and more very bad numbers... doctor says probably hepatitis, a week later I asked that he start helping with appointments to helps me.. my doctor says he will not set up any more appointment until I see him in 2 weeks and have my cat scan in 3 weeks.. but I had more blood tests... should have results in a day or two. I have been sick with horrible symptoms of the problems for along time but they just kept telling me they would not do anything more, now that my blood tests and urine tests who really bad problems along with liver and pancreas disease... he is still making me wait until after the coming appointments.. two weeks is along time when you have fatal diseases... I would have hoped they would get the ball rolling.. I am so sick and fed up, I am like a zombie suffering in agony constantly. I can't sleep well, my muscles twist in agony and half my body is on the floor while I try and sleep because of twisting muscles..

 

update: more tests show liver disease, doctor finally says sending me to liver specialist. The blisters, purple spots, sores, etc, are from liver disease,, the doctors lied at the va, and c&p doctors lied and said they are normal.. they are form liver disease...

https://www.webmd.com/hepatitis/hepatitis-c-skin-problems#1

https://www.webmd.com/hepatitis/hepc-guide/liver-function-test-lft#1

 

I am so angry and sick of bad doctors at the VA !!!

they should no if you have pancreatic disease (necrotizing, that the skin problems too are all connected... they are lying scum that will do anything to screw up your claim at the VA). They should al be fired, sorry for the good ones but the whole place stinks like dead fish.

 

Edited November 10, 2017 by retiredat44

[retiredat44]

I know the BVA judge had looked into my records... he sent several remands... to the VARO... the only thing I can find on a docket search are the remands from the BVA.... and that only covered 2016-2017... nothing later than that... no updates.... so 2018-2019 is a black hole...

[retiredat44]

Like  I said before,, San Diego VARO are crooks:  https://www.disabledveterans.org/2012/06/07/california-regional-offices-rank-poorly/   Half of Calif. Disability Claims Decided Wrong

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Edited May 5, 2019 by retiredat44

[broncovet]

"Half" of claims decided wrong is an estimate which favors VA, and I disagree.  Here is why.  

About 85 percent of first time claimants are denied.  

And, if you read the BVA chairmans report, you can see that 80 percent of them are wrong.  (The Veteran gets a remand or an award.)  

Further, not all the BVA decisions are correct.  My BVA decision was incorrect and the CAVC remanded it.  

So, if you add up all the awards at the BVA, plus the CAVC, plus the awards at the HLR and SCL (these 2 were formerly called DRO), you see that most of the claimants who apply eventually get benefits anyway, as long as they persist through a string of appeals, sometimes up to and including the US Supreme Court.  

US Supreme court justice, Roberts, was startled to find out the VA is "substantially unjustified" in opposing the VEterans claim for benefits more than 60 percent of the time.  That means the lawyers at VA also fight the Vets for benefits, they should know they deserve them, but they fight the Vet anyway.  

[ShrekTheTank]

Looking from the outside in it looks like the good old boys club and you have to know someone to work there and you have to agree to be apart of the club.  Meaning you have to play their game of deny till they die game.  I mean they wouldn't have all of these other jobs and needs for other positions if they actually did their job right the first time.  They have to keep the game going and going so their kids and friends can have a place to work.  

Just like Bronco pointed out there is different levels of this at each stage.  It could totally depend on the judge or someone who will look for any reason to deny a claim.  Who knows, all I can see is the same crap happening on a different road.  

[Buck52]

If the truths was known there all crooks all across the country.