Jump to content

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


Recommended Posts

  • HadIt.com Elder

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.


Link to comment
Share on other sites

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.

Link to comment
Share on other sites

  • HadIt.com Elder

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
Link to comment
Share on other sites

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
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • Burn Pit Claim Assistance
      The NVLSP launched its Burn Claim Assistance program:  Details at the NVLSP website:

      • 0 replies
    • I have a C&P exam scheduled for next week for sleep apnea. I completed an at home sleep study sent by VES. However, I just visited ebenefits and noticed that my claim has been closed before my scheduled exam. Anyone ever experience this?
      • 11 replies
    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 20 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...

      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.

      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.

      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.

      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"

      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.

      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.


      Example for 2020 using the same disability rating

      1998 - Initially Service Connected @ 10%

      RESULT: Service Connection Protected in 2008

      RESULT: 10% Protected from reduction in 2018 (20 years)

      2020 - Service Connection Increased @ 30%

      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Like
      • 58 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
        • Like
  • Ads

  • Popular Contributors

  • Ad

  • Latest News

  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    $6,698.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    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 ...
    Continue Reading
  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

  • Create New...

Important Information

{terms] and Guidelines