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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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One more point on the EED for the pancreatic disability----- this pops upon a google search but 

"Feb 22, 2017 — http://www.hadit.com/forums/index.php?/topic/48047-today-my-gi-doctor-blamed-teh-va-for-my-necrotizing-pancreatits/. Others will chime in ."
 
 
And in some of my profile pages- i replied "of course he did" because it was obvious 1151.
"Oct 16, 2019 — http://www.hadit.com/forums/index.php?/topic/48047-today-my-gi-doctor-blamed-teh-va-for-my-necrotizing-pancreatits/. Of course he did- it was ..."
 
I asked if he had documented that in the record....the dates of the entries above I believe went back further than 2017.
I get an error page when I try to open the link  topic 48047.
 
My point is maybe that was the date they used for the retro EED....the date the doctor documented that fact.
I hope you still have all SOCs and SSOCs, as one of them was an admission that VA had,in fact, caused your disability of NP via the ERPC.
 
The 2012 EED does not make sense to me but maybe this will help
Our beloved deceased member Carlie had commented on you issue years ago (2012) but I had replied this:
 
"On 6/27/2012 at 9:19 AM, Berta said:

Carlie- the prime disability of Necrotizing pancreatitis has never been claimed."

Maybe the EED is correct.

 

 

 
 
 
Edited by Berta
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1 hour ago, Berta said:

I believe this is your BVA case:

https://www.va.gov/vetapp19/files12/19194307.txt

I was shocked to see ( I only searched 2018,2019,2020)  that 297 cases regarding necrotizing pancreatitis at the BVA.popped up in just 3 years.

You said :

I am a little confused on why they chose 2012, when I filed for the pancreas in 2009, "

Yeah that does not make sense at all to me, but I recall there was some hold back on the actual filing of the 1151 claim I wrote-from a vet rep or VSO  who didnt understand it ....will check my files-some of my files o back to 2008 regarding the claim...

Somewhere here at hadit  is the SOC they denied on- that would reveal the actual date they got the Necrotizing pancreatitis  claim.

I think this is why the 2012 date ????-the claim was "re-opened" I think ......from this thread-above 

I hope others will read this link below  to see if maybe they used the re-open date.

Sorry for doubles,I am in heavy fog with limited access.

If that is the case perhaps you could file a valid CUE on the initial necrotizing pancreatitis claim denial.

 

https://community.hadit.com/topic/69117-bva-sent-remand-back-to-regional-va-they-failed-to-follow-the-judges-directions/

 

yes, I thought the date is wrong as why 2012? My rep, said he thought it was better I didn't poke the bear... but the date is wrong, And I do see on the VA benefit form it is total and permanent. So, fine (My eyes keep glossing over this va stuff), but I don't understand the 2012 at all. I will try to bring it up with John who is my rep. I did try before he pulled the legal string to get this thing over the finish line. Unless someone else can explain doing a cue. I think even though I won, John is still my hired gun. As we still have a contract. So, I am not going to try anything on my own I don't understand. I would think if there were a large cash reward for winning more $$ he would do it.

 

My other large task is trying to figure out how to get my daughters tuition to get retroactively paid, Bachelors and two masters while these years were going by. We did the paperwork every time she started started school at a college or university. Do they go back and retroactively pay, or do have to chase down the va offices that have the records and applications ? I know there are 1-800 numbers to call. My wife and I have to start calling and asking I guess. And say, we did al the paperwork over the years but were not entitled until now because of retroactive decisions. Maybe someone who did this retroactively can fill me in on who does what. In other words when My daughter applied to the schools over al those years, she went to financial aid and filled out the financial aid and filled the the disabled veteran parts, but at the time I was only 50%. Now that can retroactively be put at 100%. But, is it automatically, or do I have to explain this to everyone everywhere?

 

My post office is closed on weekends, so I have no clue if I have any mail from the va. Maybe they will have something in there about all this stuff? Or maybe i have to go to the local va office here and chat with them. Then this stupid virus thing has everyone all screwed up. I wish I could just take the win and rest, but everything is left in a mess because of the retroactive stuff. My wife and daughter rely on me for answers and I don't have many answers. When i do a search online I try to state the exact phrase of words for answers, but can't find what i need. Type in the search bar, retroactive education benefits for dependents and nothing I need comes up. Search on the va ebenefits, and nothing that helps comes up. Just says the usual, blah blah, and if you have questions call 1-800 good luck.

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DEA benefits are generated by a direct SC 100% P & T award.

1151s do not generate DEA or CHAMPVA.

I am hoping the 100% is for direct SC disabilities. Maybe the fuel toxin claim? and then maybe the 1151 is under SMC.

We have plenty here on Chapter 35 ( DEA) and 1151- 

I attended AMU under Chap 35 because my husband was 100% P & T for SC PTSD.That is why I got CHAMPVA  too. He was 30% SC in his lifetime,so it was a posthumous award.

I had to pay thousands after my limiting DEA date ran out but I proved his death (FTCA/115) was also a service connected death ( due to untreated, undiagnosed DMII from AO)and then the VA refunded  me the tuition amount I had to pay myself, because of the newer DIC award.

"John" as you mentioned should know all that- and should be up on DEA and 1151.

More will be clearer for you and for us when you get the formal award letter.

 

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Berta, Regarding the 297 cases in three years of necrotizing pancreatitis, for your search info. The doctor, who is now a fugitive who was my GI doctor, told me that only working conditions or alcohol could cause the initial disease, before they cut they wrong tube. But, I was so very sick I didn't have the foresight to get him to write that in a letter. When I did reach out to him for a letter, that is when I got the shocking news he was a fugitive, then that VA GI clinic wrote my IMO. Hence the 1151 win. I can speculate, on a couple things, and I say speculate, I don't want anyone to say something is true based on my words. I am using the words of a doctor who took care of me while I was an inpatient for a failed surgery for pancreatic disease. I have no record of me drinking alcohol in my service records, if I did I am sure the va would have said I caused it by drinking. But we al know that in industry and the services, vast quantities of cancer causing chemicals are used by servicemen and women, and maybe now they wear gloves for more safety, but the chemicals for fuels and cleaning, and other chemicals must have a big part of people getting diseases. Of course the va will fight people to their death and call them drug seekers before they settle any claims. 297 poor sob's in three years who are suffering horribly. I hope a few cans hare how and why.  Not enough people to chat with when the diseases are so rare. Info from those afflicted would be of great value for the rest of us. My brain fog is getting worse and i am trying to get the last few items done, like family benefits before I am worthless. Tried calling the va local office to see if I can get an appointment with my wife to go and chat with them about benefits. Our Governor (Oregon) has everything screwed up badly in Oregon, we can't even go tot he offices without an appointment, and they don't answer the phone, you leave a message with the va offices here. They are tpo busy allowing riots and legalizing every drug.

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Steve, many of those BVA cases appear to have been denied-but as soon as I get time I will search there more, because I read all I could about your disability and it can be horrible. Even worse when VA causes it by botched surgery.

Thank you so much !!!!!!  for hanging in there.!!!! I apologize if, at times, my posts seemed abrupt because I did not want you to depend too much on the toxic chemical claim, but those claims are difficult but can succeed with strong IMO/IMEs.

Your first recent post here on page one of the thread is SUPERB!

You told it how it is and I hope many will follow your IMO/IME advice here because often the only way to succeed is with a strong IMO/IME.

You are right about the inservice chemicals but I bet many vets have disabilities from them yet they never make the connection.,,,, and might never even file the claim.

We must NEVER give up!

 

 

 

Edited by Berta
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Forgive me If I should move this to the CUE section.

Regarding a CUE for the date, I filed a claim for intestinal disease in 1997 was denied. Then the botched surgery on the pancreas 2008. I was to sick and then I could not get an appointment when I was able to go out into the world again, in 2009 I filed again, this time it was for the pancreas disease from the 2008 surgery. it was denied. In 2012, I gave up asking for a vso to write the 1151, after I learned about it, and wrote my own 1151 claim. It was denied. Then 2019, I got an IMO from the same clinic that worked on me in the hospital for 6 months. But they only gave me a few years backpay, and I was only at 90%. I hired John and in a few weeks I was awarded 100% P&T. They only went back to 2012. They never took in account my claim for pancreas disease (different but the same as the intestinal disease claim in 1997.) (when I was sick from chemicals, I was also hospitalized for gastroenteritis, plus other things on active duty 1980, and sick on and off through 1982). Then very sick from 1989 and on (Kaiser hospital worked on me from 1988-1995). Va took over 1997.

So, I am working my documents, and the CUE, and everyone who knows anything about how this works you are welcome to chime in. I claimed intestinal disease, then (never working again too sick from 1995) 2008 the botched pancreatic surgery because of a large cyst. I learn to walk again and am able to go  outside 2009, looked for a vso and kept getting told no, no appointments,, blah blah, so anyways, 2009, I put in another claim for pancreatic disease, with info added about my 2008 pancreas surgery. Denied. (shock, NOT). 2012, I file my own 1151. Denied. skip ahead to award and Effective dates (December 2019), 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).

Opinion: do I have the documentation needed to move the effective date back from 2012 to 2008 ?

 

Thank you, in advance!

Edited by retiredat44
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