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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Berta

Can a moderator fix this thread:

Question

Both Retiredat44 's recent post and my reply this AM are stuck in page one of the thread.

Thanks

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It sorts by recent update. So the most current updates are at the top. 

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Posted (edited)

I never added this info: and I tried to find it in my papers, but I ended up adding more to the BVA, when they did a remand to the VARO and asked if I had more to add. I wet to my POA, and added this info:

1) When I was in the VA hospital for 6 months, the doctors and surgeons met with me every morning to discuss tests and procedures. I had test and procedures just about every day and night. The surgeons always drilled me, interrogated, discussed, and they kept begging me to tell them what jobs I held, and what materials did I have contact with. I told them al my jobs and about all the chemicals. They always demanded to know if I drank alcohol. And if I smoked, The answer it no to both I told them. of course I was extremely sick in almost every interrogation. And laying in my hospital bed unable to move on my own. I told them I got sick on active duty and work with the chemicals I went through the ones I told about in here. They told me several times that the only way to get this disease was to either be an alcoholic and or smoker. They asked about the chemicals. They told me they had no idea my pancreas had already been destroyed before they started surgery. They told me they found out it was destroyed when they went in and it was already like rotten Jello. Which led to the internal bleeding and block veins and arteries to my liver and heart (Portal vein thrombosis, Splenic Vein Thrombosis, and also Budd Chiari Syndrome). Plus six months tube fed into my intestines. That is when I lost almost al muscles and could no move, walk, talk, and some disease took over my nervous system and my arms and legs just waved around in the air if I tried to move. I told them I begged for help and have been unable to work since the age of 30 years old and could only lay around and sleep and lived with severe pain and diarrhea all these years. I told them the doctors only would tell me nothing was wrong and kept sending me to head doctors. Of course I tried to find the comments in my records, but there is no database and hand searching through boxes of records is extremely difficult.

2) The dentist/surgeons that removed al my teeth at once wrote on their medical documents surgery was performed to removed my teeth because intestinal disease destroyed my teeth.

I sent these documents to the BVA when they told me I had 30 days to send in any additional documents. of course they always had the dental records for Loma Linda Medical University, Dental School which did my surgery for the teeth. The VA knew my teeth were melting and breaking from the acid and intestinal disease. But when I begged for help I as kicked out of the office and my mouth had melting broken pieces and blood for several years. The judge had asked me at the BVA hearing why I hadn't asked for dental claims too.

I wish I had the surgeons comments written and signed by them, but the circumstances were really bad me lying in the death bed. And not knowing it was a Golden opportunity to get a document from two of the top surgeons in the field for pancreatic surgery.

At least I got this info with copies of my statements and any official documents I had. And again, I had sent the VA everything and plus they already have their own copies, but they never read any documents. The BVA did and does.

Well, another year has passed since that all happened.

The last I know is that they had remands going and my C&P's were at least two years ago. maybe three years. I asked many time sin letters and asked POA's about getting help moving because of the diseases I have. Expedited, but that never seemed to get me any help. But I read it is being expedited. At least that seemed to be in the documents I found while searching the docket number for my case.

I just read something while I did a search on the Internet :

' how many repeat remands can the bva send to the varo ' (for lack of better phrasing, as I was wondering how long they can just toss it back and forth without actually doing anything)

 

I found these on the web: (worth reading, for those that haven't)

(I can't copy these, at least I don't think so.)

The VA Remand Process – How to Get an Expedited VA Decision on Remand

https://www.veteranslawblog.org/expedite-va-remand-process/

 

Another Tool: The Writ of Mandamus in VA Claims.

 

https://www.veteranslawblog.org/writ-of-mandamus-in-va-claims/

 

===========

Edited by retiredat44

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Posted (edited)

You said "I never added this info"

There are 50 Section 1151 ERCP decisions at the BVA

Here is one of them:
"ORDER

 

FINDINGS OF FACT

1.  The Veteran underwent an endoscopic retrograde 
cholangiopancreatography (ERCP) in March 2006 at a VA medical 
facility.

2.  As a result of the ERCP, the Veteran sustained additional 
disability as a result of an unforeseeable event.

ORDER

Benefits under the provisions of 38 U.S.C.A. § 1151 for 
additional disability claimed as the result of VA medical 
treatment undertaken in March 2006 are granted."

 

https://www.va.gov/vetapp10/files1/1005654.txt

Also I had sent to some info on this:

This is one of the abstract links I sent to you:

"Analysis of 59 ERCP lawsuits; mainly about indications."

Cotton PB1.
https://www.ncbi.nlm.nih.gov/pubmed/16500382

and

"Adverse outcomes of endoscopic retrograde cholangiopancreatography."

Freeman ML1.

https://www.ncbi.nlm.nih.gov/pubmed/12481167

I have 8 documents that still are on my PC regarding evidence I researched for you and my mutiple replies to you since around 2011 are probably still here at hadit.

 Maybe your doctor, who agreed with what I had said (that the VA caused the Necrotizing pancreatitis) entered this in your medical records.

But: as you said "I never added this info".

I wish you luck.

 

 


 


 

 

Edited by Berta

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Posted (edited)

sorry, I don't think that was mine,, wrong date... mine was 2008. I think I saw the one you looked at.. I can give you a docket number.. but not out in the open.... my stuff is in remand land. If you do want the docket info, just let me know and I will PM you with it..... I just recently looked at it myself... basically it list the remands and it says they need to find doctors capable of the C&P's. Sounds like they are doctor shopping...

 

Berta ( Hadit and all ) I really appreciate the help you give... having someone that can think straight look at things helps a lot.. I really don't have anyone that does this.... no one I know,, and the POA can't spend the time...

Edited by retiredat44

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You already told me years ago the BVA decision I found was yours- I think you have had 2 remands

I posted the BVA links here long ago.

This is why veterans often need help from family members-because if they succeed the spouse and any children can benefit greatly from an award.

All claims BVA has decided or remanded  regarding your disability of necrotizing pancreatitis are here:

https://www.index.va.gov/search/va/bva_search.jsp?QT=necrotizing+pancreatitis&EW=&AT=&ET=&RPP=10&DB=2019&DB=2018&DB=2017&DB=2016&DB=2015&DB=2014&DB=2013&DB=2012&DB=2011&DB=2010&DB=2009&DB=2008&DB=2007&DB=2006&DB=2005&DB=2004&DB=2003&DB=2002&DB=2001&DB=2000&DB=1999&DB=1998&DB=1997&DB=1996&DB=1995&DB=1994&DB=1993&DB=1992

I dont do PMs, emails, phone, Facebook, twitter or Instagram-regarding claims issues.

I also have very little time to spend here these days.

What you need is a strong IMO/IME for the pancreas claim from a real doctor with expertise in the field and who knows of the many ERCP lawsuits.

But maybe you will get lucky with the VA on that remand.

I am so sorry Steve because I know how miserable this stuff can be.

But a strong IMO/IME is often ( maybe always) the first thorough reading of a veteran's complete medical record. They can be costly because they take a lot of time.

I only had IMos for one claim.I prepared a significant cover letter and than tabbed the references in the medical records to each specific point I made. I succeeded but I can tell you it was an incredible amount of research and work- and I had to study Endocrinology, Neurology and cardiology to know I had a great claim that any real doctor would find probative. I knew I didnt spend 4 thousand IMO bucks for nothing.

 

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