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Short note: It looks like I won, was told it is %100 P&T with special compensation added.

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retiredat44

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Short note: It looks like I won, was told it is %100 P&T with special compensation added. I don't have the official letter yet, but I received my more retro deposited, and my hired gun says that what I got. I need to find out about the education payments retro for my daughter who got two MB's, and owes a lot $$$$$$. We always kept those forms filled out while she went to schools, so not sure when and how they will pay those, or the amount that the va pays for the disabled vets children's education. So, while I have many of the signs it is a done deal, I need to see it in stone. My hired gun said he got the rest finished doing things that my free va rep didn't do and and nothing but sit there. My hired gun got it done in 2 months of less. The va left me at 90%, I knew i had the evidence. whatever he did, he said the va didn't realize how sick I was. Even though I had already invest 3 decades and went through the bva, and was fast approaching deadlines. Even though I won, there is a bit of hollowness in the fact I am too sick to enjoy life, other than take narcotics and try to rest. The va made sure any better years were pissed away. But, I did win, I know I would, should, could. But, I was at the point I had just about exhausted what I knew and the time I had left, and needed an expert to move immediately. I Have a home. I have some family that can care for me, I have a few friends who care and help, I live in a peaceful place. The fight is over, I hope and al of the boxes of medical documents can be either sealed, burned, or?

 

Hadit will always hold a place in my heart for getting me through this. All of those vets and others who have been here or will be here. Here are more stories and documents for your fights.

If you can get a good representative get one, if they say no, or put you on long waiting lists, it depends on your health, your ability to survive, your ability to fight, and resources you can talk to.  I would not trust any organization that doesn't have time for you, had folders up the ceiling, and has people in a job  and way over their heads in the job representing disabled veterans for claims. If you need to file yourself, preserve dates. You can always find a rep after you file. if they say no, and you feel they are wrong, file it yourself. Always get everything in righting and officially received and secured copies of documents so you never lose them. Don't be afraid to fire your rep. Try to get meetings in person. C&P exams, the letters you receive for the appointment say the doctors doesn't need more documents,, b.s... if you have to put more than you need in the car, and if you need to bring them into the c&p. Bring someone with you that cares.

If you can't work, then don't. I know you can't live without money, but the SS and the VA see a person working and think you can work. (convaluted, yes).

If you ask a doctor for a letter, you can't assume they have a clue what format. They can word stuff badly and ruin a good letter with two wrong words. Guide them, take an example letter to show them what you need.

 

IMO's are extremely important, but the VA will try to one up your letter with their hired guns, so, your guns have to be bigger, better, etc. More knowledgeable , more authority.

But, they IMO writing doctors are very greedy. IMO.

It comes down to have a person represent you who knows how. If they don't then time and money is pissed away.

Used to be you can go on someone's reputation, but at one point over the years, even the best reps were mired down in to many claims and could no longer represent everyone equally.

It takes o long to get claims through the people move and retired so your care and claim gets shuffled and passed on to reps that do not know your case and start from scratch every couple of years. Your medical condition changes and then they want to know what it is now, not when you were dying. Yes, that's rude, but that's how the va see's it, is the vet better now? The same, ever going to be better? One and on.. that's it for now. I started my claims in the 1990's, I left with injuries from the USAF 1982, and getting very sick many times form chemicals. After a few years, I was getting very sick again. I lost the ability to work by the early 1990's I was in deep trouble with very bad health. I had a job that let me work sick even though I suffered greatly. By the early 1990's I was no longer able to work and spent more tan half the day sick in bed. Their tests were the wrong test, inadequate and was told I was mentally ill and a drug seeker. That's who I was treated. They finally found I have large cysts on my pancreas and swelling, very bad diarrhea for decades. Severe weight loss, severe pain. The list goes on and on. Then came the negligence when they cut the wrong tube in surgey on my pancreas I later won the 1151 for that (6 months fighting for my life in a va hospital tube fed.) Doctors told me I didn't have long to live,, though I am still here.

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Congratulations!  Even tho you did not get the envelope,  you got something better:  Retro!  

Your dependents, unless this has changed, will be offered a "choice" of effective dates for Chapter 35:  Either now, or they can go back to the "effective date" of your 100 percent P and T.

  It sounds like you likely dont know what the effective date will be.  (You have to watch VA on this, naturally my VARO messed up my son's DEA Ch. 35 effective date.  He had been in college some time, and wanted paid back, with VA benefits..so he could pay off student loans.  Well he sent the form in opting for an effective date 2 years previous, and guess what?  VA loses that and then presumes he did not want retro.  Grrrr. ) It mattered not, that he went to the counselor at school who had a verification of the document sent to VA.  VA lost it, then disavowed ever receiving it, in spite of proof to the contrary.  

There used to be a page where "new 100 percent" Vets could go to, to help them understand (and use!) newly awarded 100 percent P and T benefits.  

However, I will go over a few overlooked ones:

1.  Dont neglect to get your $10,000 free (called waiver of premiums) life insurance.  This is whole life, and will have a cash value of 10,000 in about 20 years.  You can cash it in before that, or borrow on it, or leave it to your heirs.  

2.  Dont forget state benefits.   Many states have programs where disabled Vets pay little or no property taxes on their home.  But, you have to apply for that, of course.  

3.  If you have been paying copays on medications through VA, you can get them refunded by taking your award letter to the "means" office in your VAMC.  I think I got 900 dollars about a month later.  

4.  Of course there are more, I tried to hit the most important ones.  (Such as BX, MWR priveledges, etc)  But I cant not neglect what I think is the number one benefit:  Champva for your spouse.  I have spoken to several "medicare advisors" and the honest ones explain that champva is the best insurance available.  One example will suffice:

    My wife has Champ VA.  She has been to the ER about 6 times including an admittance to the hospital.    We paid zero.  My son, however, took his wife and son  to the ER, (3 times) , and STILL owes more than  20,000 to the hospital and doctors!  (Yea he has insurance, what good is it if he still pays thousands of dollars?)   That is just his part!  He makes good money but is struggling to pay off medical debt EVEN with medical insurance.  

     At least some of these benefits have a limited time frame in which to apply.  (For example, you must apply for the life insurance within 2 years of the decision.) 

Edited by broncovet
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That is great Steve- as you know I wrote the 1151 claim for you here in around 2009-

I added evidence you could use and it was, as I always said, one of the best 1151 claims I had seen here since 1997. I gave you evidence of settlements of Many private lawsuits against private doctors of the exact same problem you had and also link to a veteran who won at BVA for the exact same ERCP screw up by VA. There might be more there by now- along with your win.In any event I have no idea why it took until Dec2019 - 10 years later for you to win that claim.

If anyone out there has gotten necrotizing pancreatitis from a lousy VA ERCP surgery- that claim and the evidence I mentioned here years ago, is a prime excellent template for getting an award under 1151........and all searchable here.

Congrats and enjoy the TDIU victory.

I hope they give you the right EED.

 

 

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