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

[Berta]

In your 2017 remand the BVA stated this:

"This appeal has been advanced on the docket of the United States Department of Veterans Affairs (VA) Board of Veterans' Appeals (Board) based on the Veteran's serious illness status pursuant to 38 C.F.R. § 20.900(c) (2016). The Veteran honorably served on active duty in the U.S. Air Force from April 1978 to September 1982. He also had service in the Reserves. The matters originally came before the Board on appeal from October 2009, September 2010, and October 2013 rating decisions of the VA Regional Office (RO) in San Diego, California. The October 2009 decision, in pertinent part, denied service connection for myotonic dystrophy and for an anxiety or depressive disorder. The September 2010 decision confirmed and continued the previous denials of service connection for chronic pancreatitis (previously claimed as intestinal disorder, irritable bowel syndrome, gastritis) secondary to chemical exposure to jet propellant-4 (JP-4) jet fuel; service connection for distal polyneuropathy and benign essential tremors; and service connection for allergies, bilateral hand swelling, and skin rashes secondary to JP-4 jet fuel.

The October 2013 decision denied compensation under 38 U.S.C.A. § 1151 for pancreas surgery complications to include necrotizing pancreatitis disease, splenic vein thrombosis, muscle wasting, shaking, tremors, and inability to walk. The RO in Portland, Oregon currently had jurisdiction. The Board considered the claims in July 2016. The claims of entitlement to service connection for a gastrointestinal disorder, characterized as chronic pancreatitis and previously claimed as intestinal disorder, irritable bowel syndrome, and gastritis; entitlement to service connection for a dermatological or allergic disorder characterized as bilateral hand dermatitis allergies, bilateral hand swelling, and skin rashes; and entitlement to service connection for a neurological disorder to include any neurological disorder manifested by essential tremors, paralysis agitans, distal polyneuropathy, or a combination thereof were reopened. The Board remanded all six issues listed in this current decision for additional development."

As in the excerpt I posted above to Carlie, the 1151 claim had not been filed until 2012-

Even though your rep or you filed a 1151 claim,or re wrote the claim I wrote , the claim I wrote superceeded the date they gave you for the EED.

It is here somewhere- at hadit- maybe around 2009 or maybe even 2008.

 "they go with 2012, not 2009, which would have included 2008 - IMH-Opinion. Then the RO increase from rating review 90 to 100 (Thanx to John)."

In your C file ( and 'John would know' what is the date of the first 1151 claim you filed-- I know your vet rep wanted you to hold off on the one I wrote at hadit, but for some reason I replied to Carlie that the 1151 had not been filed until 2012 ad I dont think that was the claim I wrote- but maybe it was.

Your C file and/or John can determine when the VA actually got the 1151 no matter who wrote it, because that is what will determine the proper EED.

I am thinking the denial the BVA refers to here:

" The October 2013 decision denied compensation under 38 U.S.C.A. § 1151 for pancreas surgery complications to include necrotizing pancreatitis disease, splenic vein thrombosis, muscle wasting, shaking, tremors, and inability to walk.  The RO in Portland, Oregon currently had jurisdiction.'

Was ,in fact, the 2012 1151 claim.

If that was the first time the claim was filed, and denied in 2013, that might well be the proper EED-2012

The remand says this too:

"With respect to the issue of entitlement  to compensation based on the provisions of 38 U.S.C.A. § 1151 for a pancreas procedure or surgery complications, to include necrotizing pancreatitis disease, splenic vein thrombosis, muscle wasting, shaking, tremors, and inability to walk, a VA examiner in August 2016 opined that the Veteran's chronic pancreatitis was not due to negligence from VA treatment.  08/17/2016 VA Examination (DBQ Medical Opinion), at 8.  However, it is not clear from the VA examination whether the chronic pancreatitis was due to an event not reasonably foreseeable.  The August 2016 VA examiner remarked that the "resultant complications . . . are known sequelae of such interventions," but in the same examination she also stated that the chronic pancreatitis developed "as a result of events [that] were not reasonably foreseeable."  Id. (emphases added).  Accordingly, the Board finds that an additional addendum is necessary to obtain a clarification as to whether the Veteran's chronic pancreatitis was due to an event not reasonably foreseeable."

https://www.va.gov/vetapp17/files6/1732184.txt

It sure is an outrage to me to see how many of us have been victimized by these lousy C & P exams. The C & P doctor made sure he did not opine on your surgery the correct way. BVA did the right think to remand this.

I am still pissed that the VA tried to say my husband died of a cocaine overdose. What a lie. He didnt even drink and his autopsy contained a full toxicology report because he was an organ donor. The only things in his system were his VA meds.

It just goes to show how VA will do all they can to not award under 1151. Fortunately the OGC can read. I fixed them good with documented evidence.They want to think us bereaved widows are too stupid to fight back. Beverly Nehmer fought back. Thank God and that affected thousands of Vietnam vets and still does now to include BWN AO vets.

 

 

[retiredat44]

Berta, I think of you and those that got hurt so bad by the VA, but there are no words... In a big way you have stuck it to them with helping so many thousands of vets and families who would have otherwise been screwed over more than they already have. I find the phrase 'Administrative Trickery' to maybe the best phrase for all vets. Unfortunately, many of the people at the VA seem to have any shame for the hell they cause on top of the disease and injuries. Anyways, your answers are always detailed, and provide lots of wisdom, if only my brain fog could let up so I could use the wisdom more effectively.

[retiredat44]

now I can't find any of my letters that says permanent and total. I know I saw it before, but they also say they are not finished and and backfilling, etc... it never ends... **sigh** I looks al over my accounts in ebenefits and my myhealthVet both, and they say they are working on more evidence to finish the claims,,,, other ones said they were finished..  The letters to download

[retiredat44]

looks like they are still not done.... in the reviews for my final rating.... my rep told me it was P&T 100% and I have special

[Berta]

I hoped for the 100% P & T of the pancreatitis! You got that plus the SMC but this is a Section 1151 award-the ancillary benefits are very limited.

what I really hope for Steve, is that the TDIU for SC brings a 100% status AND P & T so that Chapter 35 and CHAMPVA will kick in for your dependents.

Your vet rep was not wrong on what he said- I just hope he knows the difference between 100% P & T under 1151 and direct 100% P & T SC awards, as to how limited 1151 benefits are, as to other SC benefits.

Whati mean is, the VA can buggerup at under 1151, and give them a 100% P & T rating and even SMC ( as in my husband;s posthunmous case, but I received Chap 35 and CHAMPVA under a different theory - because they had awarded 100% SC P & T solely for his PTSD.

When I again filed a claim for direct SC death due to undiagnosed and untreated DMII (I never raised the malpractice issue in that claim)then Everything changed.

Then when I succeeded in AO IHD death as well, the VA asked me to pick a new DEA limiting date-

And if they ever do my current AO HBP claim, properly that too would garner a new DEA EED and entitlement date.

I was awarded the full gamit of survivors benefits, at that time, plus the DEA retro payment, REPS,which many vet reps do not have a clue on,  and a full refund of my FTCA offset. ( that was an unusual situation- most FTCAers dont get any offset refund. I might be first claimant who ever did but that is because I negotiated myself with OGC and had no middleman ( lawyer).

We have many guests who read the TFCA and 1151 forums here.I do not want them to misunderstand the posts I have made in those forums.

I still advise, however, getting lawyers for FTCA cases.

And a very strong IMO/IME.

 

 

 

 

 

[retiredat44]

I am starting to work on the benefits and when I send forms to people, they say they need one that says I have P&T. Then I go to the va account pages, ebenefits and vahealth websites with my account, they are all buggered and say they are in the process of completing my claims files, and not finished with ratings. I could swear I saw they had finished then I see that they are not finished. Plus, with the virus, they closed everything and non of the va employees have access to the va computers and are working from home. The whole thing is a huge mess! I guess I have to wait for another envelope from the va,, an award letter? I guess the ratings letter is just not finished. I guess They are confusing me. I wish they could just send us a letter telling us they are finished, not finished, or if I am to expect another letter.

I guess everyone that has VA benefits and is in the middle or end of something is being screwed around while the va blames the virus for them not being forthright with information. What a mess. I thought I was fished and could rest. I was trying to get the benefits letter and forms to my daughter and wife so they can get their business done. Now, I am stuck until This is cleared up.

And everyone who comes to these forums is probably have to deal with the va offices closing and info not complete. veterans can only call their offices, and leave messages and business is left unfinished, until they decide they can work again.

I was hoping I could figure it out and print the form that shows P&T, but apparently it is not completed yet, not updated by the va, as they are not working in their offices because of the virus. Maybe we will have the vaccines ready soon and then they can go back to work.

Is there another letter coming, a new awards letter coming? Another rating letter with updates? Is it just me, or does this happen more often? Is 100% good enough for the benefits? or do they have to say P&T? I am going to stop pestering everyone and wait. I guess I expected it to be all finished when they sent me the latest rating letter. I guess I was wrong, and started trying to work on the benefits before they had really finished.

Me so confused.

Oh well, I hope all of your get some quality time away from all the va stuff and  do what you want for Thanksgiving. I just want and need peace and quiet. My daughter is coming up to see us on Xmas. So, just going to be quiet here.