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.

 

[vetquest]

My case had been to the BVA three times.  The first remand they were told to adjudicate my case again because it was done improperly.  The second time they awarded a secondary and stomped the RO for not using all evidence available.  The third time they changed an ED.  It will soon be going to the BVA for a forth time if the DRO hearing is not good.  As always hang in there and keep fighting.

[retiredat44]

I found more info on my claim, seems way more up to date:

va.gov/track-claims/your-claims. if this site truly is more up to date, it shows more progress than the others website with the BVA decision cases.

This one at va.gov/track-claims/… shows my cases is actually back with a BVA judge, and I am not sure if I am reading it right, so I am not going to say anything until I know for sure, as I would really screw up my morale if I got it wrong.. it wound me up like a rusted spring going to blow apart...

Edited May 7, 2019 by retiredat44

[ShrekTheTank]

2 hours ago, retiredat44 said:

I found more info on my claim, seems way more up to date:

va.gov/track-claims/your-claims. if this site truly is more up to date, it shows more progress than the others website with the BVA decision cases.

This one at va.gov/track-claims/… shows my cases is actually back with a BVA judge, and I am not sure if I am reading it right, so I am not going to say anything until I know for sure, as I would really screw up my morale if I got it wrong.. it wound me up like a rusted spring going to blow apart...

This is good.  One thing I do every Monday in which I do not see progress I call Peggy.  There is also a line for the BVA and they can let you know if the judge has your case.  Another avenue that just worked for me was calling my guy at the regional VA an he showed the BVA had just pulled my case back in.  So there are a few ways to find out some information.

Keep fighting we will win!!!

[rsm-esq]

Slow and steady wins the race...  sorry to hear about your troubles with the appeal and remand, but hopefully there will be a good outcome. 

[retiredat44]

not sure if I am jumping this to fast, but is shows about 6 to 8 contentions on this website with my va account.  va.gov/track-claims/  ... there was one that said Granted (in green type):

Quote

Parkinsons

. For many years I have been seeing neurologists and trying to find out what the heck I have.

Since I never saw this page and info before, since it says that, and it is on the list of item with the BVA judge. The others have not yet been decided. I have problems trying to explain my health problems because my body does weird things,, numb, pain, uncontrollable moving....  since the doctors and nurses saw me with this for many months, it was in the records... if no one saw it they would probably say I was lying.

 

the bigger issues.... (at this stage)

necrotizing pancreatitis .

at the time of my active duty and later, it was gastritis, then pancreas disease... he does not have pancreatitis listed, he has irritable bowel disease listed.. maybe it means the VA judge is going back to the beginning before it was diagnosed later as pancreas disease and liver disease,, also the many other issues with skin and swelling of the limbs,, and many more.. then the 1151 from the pancreas surgery gone wrong.

 

does this format and info look familiar to others? like one of the issues with granted in green ? (for your case and issues).

I know this sounds weird and strange to most people, but even the worst diagnosis is better than no diagnosis,,, when you don't have an explanation, you are left out flapping in the wind...

 

Thanx for listening to my yapping..

Steven

[retiredat44]

I wish I could say more to help others with timelines,, but mine was a really bad long wait, and huge problems along the way.. probably not able to help many others because it seems it was unusual. Most people don't have all my issues. I can say though, you must stick with it,, you must be your own advocate, no one else will get you through this. If they could I would not have gone through so much for so long. I will have more answers in the coming months of what it all ends up being rated...

 

A big part of the diagnosis was not just seeing one or two doctors,, I have been going through this since the first day... al the way back to active duty and seeing doctors for neurological issues... and then living in the hospital as an inpatient got their attention because they actually saw me go through it, instead of me trying to explain.... if they don't see it, and many times, then, they don't put at much weight and help for you... it takes years of begging doctors help and years of tests...… this goes with every disease and injury.. so, plan on going a lot complaining a lot, and see lots of doctors... and have lots of documentation in your hands.. IMHO

Edited May 10, 2019 by retiredat44