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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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  • HadIt.com Elder

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."


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.



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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.

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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

11-19-2020_VA_Benefits_PandT_not there_Snap1.jpg

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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



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