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.

 

[Buck52]

You may want to go see the Hospital Director about how your treated in your new VAMC ,how the Dr's are neglecting your questions ect,,,ect,,,

We got a new director and his office door in always open to us vets if we have problems with anything,  he gets things done   hopefully yours will too.

I think next month congress is suppose to pass the outside free care for us veterans that are having problems the VA s not addressing..but as always we will have to wait and see?

[retiredat44]

I am curious,,,, how far behind is the action taken in the remand and the time it takes for them to show it on va.gov. Is from action taken days, weeks, or months ago? how up to date it? if known, of course,, a guesstimate?

 

others,, it looks to me like they used the TCE chemicals for the decisions for my claims, not as much as the Jet Fuel, Gasoline, Diesel. Or maybe they used some of all but most TCE.

Complicated, but I was exposed and sick on active duty from the fuels first, then the doctors told my command not more then the next command I was assigned to had me working with TCE, and then I got sick again, and the doctors again said no more contact.

My BVA judge was good to me in my live hearing. I felt good about the hearing by the time it was over. I have no clue if he is still on my case, since a few years is passing by.

Of course I have questions about why some things are addressed in some ways, but to me it looks like al is going pretty good. The thing that sucks, is even though he asked the BA to speed up my case because of illness hardship, the remands are taking years.

if I don't answer things correctly here in the forum, I am sorry, I am doing the best I can without posting my life story and private details. I am being forthright as I can.

 

And, the last, I have not been through the BVA before, so this is new to me, and am giving the BVA wide breach, as they look to have my interests in their motives for how they are doing this.

If something is missing or not included, there must be a reason.

I feel so sick, I feel horrific and the fight is killing me as much as the diseases.

Maybe it is being worked on so I get the best benefits. Like scheduler 100% PT  plus SMC (for the needing homecare and home bound? I don't know.)

maybe if they do it the wrong way I will miss out or it will drag on past what life I have left

yes, that is stupid, no one know how long I have left. I sound like drama queen, but through my experience, the surgeons talked to me about lifespan, and I went past what they thought I had.

I spend almost al my time sick out of my mind and horrible, and thinking is very difficult

 

 

 

[retiredat44]

18 hours ago, Buck52 said:

You may want to go see the Hospital Director about how your treated in your new VAMC ,how the Dr's are neglecting your questions ect,,,ect,,,

We got a new director and his office door in always open to us vets if we have problems with anything,  he gets things done   hopefully yours will too.

I think next month congress is suppose to pass the outside free care for us veterans that are having problems the VA s not addressing..but as always we will have to wait and see?

I had very bad experiences with outside care and billing,,, had bad experience with Kaiser before that.... no sure about al that, yes, maybe, but for now to sick,, in agony,,, can't think..... too much to bear...

[ShrekTheTank]

So for my remand/grant may 2018.  I just finished my last C&P for it and we will see how long this part takes now.  I know it sucks waiting, but there are a few things you could do.

I wrote my senator to get my grant applied.  Which I have noticed every time somethings gets does there is working being done on my case.

I also contacted the WH hotline I also called the BVA regularly to see where my case was at.  

Did you put in for a hardship request?

[Buck52]

5 hours ago, retiredat44 said:

I had very bad experiences with outside care and billing,,, had bad experience with Kaiser before that.... no sure about al that, yes, maybe, but for now to sick,, in agony,,, can't think..... too much to bear...

You can use secure message in myhealthevet   to email your Hospital Director  you or you spouse  .....> well she can type it out for ya!!

If the VA  Advocates are of no help  use secure message. 

Edited May 16, 2019 by Buck52

[vetquest]

@retiredat44, I know what you are going through in Oregon.  I am glad I moved from that state.  I had a good VA doctor who was fired, probably from giving too much care to the veterans.  I spent a week in the Portland hospital and they accomplished nothing for me.  I also spent two weeks in their locked down ward.  I do not remember Oregon too fondly.