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]

Here is where my claims stand, not sure how long they have been at this stage, as the first time I saw this page was about a month ago,, before then I was looking at eBenefits, and found out that ebenefits is defunct.. phased out, and found more up to date info on my va.gov account :

 

• Status
• Issues

Issues

 

Currently on appeal

Remand

• Service connection, myositis
• Service connection, Major depressive disorder
• Service connection, Irritable bowel syndrome
• Service connection, Eczema
• Service connection, Parkinson's disease
• Benefits as a result of VA error (Section 1151)

 

Closed

Granted

• New and material evidence to reopen claim for service connection, Irritable bowel syndrome
• New and material evidence to reopen claim for service connection, Eczema
• New and material evidence to reopen claim for service connection, Parkinson's disease
• Service connection, Limitation of leg motion (flexion)

[retiredat44]

the big thing I don't understand is in the 1990's I opened a claim for Intestinal disease, this was a long time many years before the hospitalizations for necrotizing pancreatitis and liver diseases. So, they don't have pancreatitis in here, and my 1151 is in remand status,.... so, it only show irritable bowel.. I can only guess that the BVA judge is working all this correctly, and the pancreatitis is tied to the 1151. That part I didn't post,,, I only posted the issues part, the remand part.. the Parkinsons was tied to the chemcials, and looks like they used more of the TCE (Trichloroethylene) than the Fuels... and Parkinsons.

Also, since they saw me with the diseases while in the hospital for 6 months and the home care nurses also saw and reported my Parkinsons.. and also the many, many visits to neurology over the years. had they  not actually seen it, they might have fought me harder. Most of the quickie c&p type exams just blew it off,, and if I had to depend on a c%p I would never get anything granted.

[ShrekTheTank]

So the only thing they have SC you for in this is the limited motion.  The rest are to service connect you and if granted then apply a percentage.  That is a lot of time at the C&P office.  

As for your comment about the C&P exam, they are really the make or break part of your claim.  You must be very precise about what you are saying.  Like if you walk in and they ask how are you doing today?  The exam has already started.  The examiner is there to get an idea of your overall health and how you present the information to them will decide how they rate it on the table that day.  

So you need to have all and any relevant paperwork to each part of your C&P exam.  I brought in a copy how the VA rates you based on your diagnosed illness.  I showed it to the rater and we went over how it affected me and at the end she agreed with the level at which I had presented.

Remember you are your best or worst advocate at the end of the day.  There are tons of people here to help so reach out with any questions!

[retiredat44]

the c&p exams were in 2017.  one of the doctor refused to answer my questions, I asked what did he know about me so I could know here to start, because I have an excessively long story. he was nasty and said I don't have time to  a lot of talk. Another doctor spoke,, I think it was Pakistani.. I couldn't under stand him. neither could my wife. The shrink said he didn't have time and got nasty when I asked where to start... and asked if I was going to kill myself. I never found out what they knew so I would know where to begin. I lived in a va hospital for 6 months and I spent 20 year talking to different doctors. Many I volunteered as they kept telling me my diseases were in head and am a drug seeker. You can see where this is going with their horrible C&P b.s. Dog and pony show.

[retiredat44]

oh, yeah,, they called me back after a month, they said they messed up the exams and told me I had to come back and repeat some. I did. Imagine going back again being treated like garbage with necrotizing pancreatitis, liver disease, and Parkinsons. When I was an inpatient I did everything they asked of me. When I was an outpatient for 20 years I did everything they asked of me. Same with the other doctors and hospitals before then. (I was called mentally ill and a drug seeker, and according to them nothing was wrong. I am just bad, and liar when I said I had intestinal disease. A drug seeker. Had enough yet? How much longer? How much suffering must I take?

 

[ShrekTheTank]

Sounds like you got the raw end of that crap.  This does look like you get a chance to change this now?  Just know this time you do have options!