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


retiredat44

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  • HadIt.com Elder

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/

 

Edited by Berta
cant edit heavy fog
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  • HadIt.com Elder

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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