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BVA sent remand back to regional VA, they failed to follow the judges directions

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retiredat44

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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.

 

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  • Lead Moderator

I am not sure what to do here, but I know what I did with my bad experience.

I had my gallbladder removed almost 2 years ago august. The intake process was great and the surgery went very well.  Post care did not go so well.  So I had surgery at 10 am and by 1 pm I was at home.  The issue is I think the nurse had somewhere to be so she somehow got me dressed which I still don't remember.  I never drank anything or went to the restroom.  I have a glimpse of getting into a wheelchair and then again getting on and off the elevator.  Next I remember getting into the car and within 30 seconds I threw up into a Panera bag my wife had in there.  I was gaining my consciousness back and I made it home and threw up another 4 or 5 times before I was able to eat and hold something down late that night.  Every time I threw up it felt like my insides were tearing apart.  

My wife called the VA and started to complain about the post care and how it failed me.  We had 7 or 8 people from the VA call some higher up people there and my doctor trying to find out what had happened and they admitted I was released way too soon.  The only reason I know this is my wife had hers removed the year before and had surgery at the same time of day and was released around 9 pm that evening.  Other than this one event I have had positive times with the VA hospital.

As for you I am not sure what you should do, but I totally get why you want to wait as I have been waiting going on 6 years now.

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  • HadIt.com Elder

I doubt that it would hurt your claims or appeals  I really don't see how?

Just be concern with your health and don't mention your claims/Appeals to them.

What they (VA Doc's) write in their reports can some times help with your claims   and also may hurt your claims , but if what they write is not the truth you can contest that.  (Always write notes when you go see Any VA Dr) in case you do confront them about what they put in your Notes.

but I understand what you mean   this is your choice .

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After a really bad C&P I went to patient affairs to express concerns about a VA doctor.  I was told they would file the complaint but it would probably make getting care much harder.  Now a days I wish I had filed the claim.  The neurology department was liquidated some time later for an unspecified reason.  I challenged the appeal with the C&P office but the report remained.  I think that the bad C&P reflected good on my case because my C&P was called out by the BVA in a remand.

I also had problems with the care I received care at the Portland VA Hospital.  I had hoped that they have gotten better by now. 

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I received a copy of the VA medical opinion on my 1151 for necrotizing pancreatitis (in my PO Box), and a notice that I have 60 days to submit additional evidence.

copy of the letter, with private info blocked. I sent info to my POA. Doing this while really sick totally sucks. (sorry for injecting my own take).

 

05-20-19_VA_1151_necrotizing_pancreas_opinion_Snap3xx.jpg

05-20-19_VA_1151_necrotizing_pancreas_opinion_Snap4xx.jpg

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I am getting positive and negative on whether this is good....

I sent a message to my surgeon from 10 years ago, waiting to see if he calls me back... I am going to see if he will write me a small IMO.

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