0% from VA for Cancer

Pyro

Pyro

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Alright, I'll post here because nobody reads my long winded other post. Got a call today (Saturday) from a senior VA rep in Phoenix who was pissed off and concerned about my claim. This is how he started the conversation so I knew I was in for it. Long story short, stage 4 cancer, multiple side effects, all claims denied. The VA reasoning? Claimed more than 1 year after discharge from active duty, mind you I have been an active ART (part timer) and F-16 pilot ever since leaving active duty but the cancer showed itself after 4 years. I have a LOD (for the NEXUS being on active duty) and am on MEDCON because of this, its already tied, but the VA says it isn't. I don't have the VA letter yet, coming later this week. He told my to DRO appeal and after 2 years I should be good, for F sake, has anyone heard of this?
 
Hey Pyro, Through appeal you should be able to have a doctor track back to the LOD. My doctors told me that my Stage 3B took several years to get to that point. Stage 4 averages between 6-12 years from what my doctors told me. Since you were active duty 4 years ago I find it hard that a doctor would find that you went from 0 to stage 4 in 4 years. This is just my knowledge and I'm still active so I don't know if this is helpful. I hope this all gets straightened out. Also, a few people at the VA told me that I should write personal letters/emails to my congressman because it puts a spotlight on your issue.
 
I know, and I will. The thing is, my LOD which was approved back tracks the cancer to more than 4 years ago. LOD=service connected? Maybe not in this case? Crap...
 
how long were you active? From what my Doctors and VA people told me, since you must have gotten cancer more than 4 years ago because its takes longer than 4 years to get to stage 4. so even if you have been out of active duty for 4 years, you technically had it when you were active, it just wasn't found. if you were in the service for longer than 8 years, i was informed it doesn't matter, it is service connected. If you have a LOD that can provide a connection to how you could have gotten the cancer (exposure to asbestos, chemicals, even some countries and deployment areas qualify).
 
Yes I do (12 years active, pilot, left active duty 4.5 years ago), but that is not what I am being told. Full retard doesn't even explain what I'm about to do or already done. You will see me on the news soon. Jason, you want onboard?
 
well good luck! I already clicked to follow you so I will be following along and if I hear anything that can be of help I will pass it on, but hopefully Jason can provide some insight. I only have my situation to go off of.
 
In my opinion:

Short story, you win;
Long story, lots of fighting, appeals, you still may lose or you may win. (But, read below....plus I did respond to your other post....can't say it any more clearly or ask about this any more clearly...you should have filed your actual claim, not just the intent).
Pyro said:
Got a call today (Saturday) from a senior VA rep in Phoenix who was pissed off and concerned about my claim. This is how he started the conversation so I knew I was in for it. Long story short, stage 4 cancer, multiple side effects, all claims denied.
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Okay....but, not sure who this person is in relation to you (a VSO? Your rep?). See my bolded part of your post. Need more info. Why was claim denied? Service connection was denied? A rating? Need more info.

Pyro said:
The VA reasoning? Claimed more than 1 year after discharge from active duty, mind you I have been an active ART (part timer) and F-16 pilot ever since leaving active duty but the cancer showed itself after 4 years.
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From what you stated, this sounds like a denial of service connection. But, one more time, based on your other posts, you only filed an intent to file- you did not file a claim. Not sure if you have now blown past that time to file your actual claim. Not sure why you are not keen to answer or follow my previous suggestions on this point or won't answer or follow my input on this. Have written about this a few times. Can't say it any more clearly: File the claim.

Pyro said:
I have a LOD (for the NEXUS being on active duty) and am on MEDCON because of this, its already tied, but the VA says it isn't.
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May be a timing issue....i.e., maybe they are denying (and I also write this, with some reticence, because you have stated here that you have not received a letter from the VA about your claim, but apparently are going off of what someone has told you) based on your previous intent to file not being followed up with an actual claim? Maybe they don't have the LOD. I don't know (and you don't either, until you get a letter denying your claim....if you have a claim....so far as I know, you had an Intent to File and you haven't filed...and you have a concurrent IDES claim being processed).


Pyro said:
I don't have the VA letter yet, coming later this week. He told my to DRO appeal and after 2 years I should be good, for F sake, has anyone heard of this?
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DRO appeal is an option....no idea about the thought/basis/reasoning for waiting 2 years and what this all about. Really need more info to know what is going on with your case.

Will ask again....have you filed an actual claim to support your Intent to File? If not, why not? If so, you likely have a valid basis for "winning." If not you probably should lose based on not complying I think I have addressed this before:
Intent to File

Would be really sad if you did not actually file a claim and lose out on what you said is something like $36k in entitlements. Should not have been hard to follow through and file the claim. But, if you didn't, likely you lose out on the earlier date of entitlement.

Lots of "WTF" types of issues that happen to folks. But, absent information, can't tell if you just have not actually filed a claim, if you are getting bad information or what.

Would like to help. Can't if you don't provide information.

Best of luck.
 
I filed a claim with the VA directly using a VSO, yes. I also was put into IDES at a later date so ebennies actually shows 2 claims. The dude on the phone was from the Phoenix VA office, he said the last guy to see all claims, set up payment and mail out results. He told me the DRO appeal would take 2 years to complete. They had the LOD and the doctors name who wrote it, they denied everything.
 
I really can't be of more help without more information. Hope all works out well for you in the end. I think you may end up with benefits and compensation. But, can't tell or guess much based on what you have supplied for information or answers to questions posed.

My guess is that your real "issue" is effective date of entitlement, which could be from the date or your having filed the Intent to File, or as late as the day after your separation or retirement from the military (which may be many months in the future).

Jason Perry said:
Will ask again....have you filed an actual claim to support your Intent to File? If not, why not? If so, you likely have a valid basis for "winning." If not you probably should lose based on not complying I think I have addressed this before:
Intent to File
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I am giving up on asking for an answer to this question after this post. From what you have stated in other threads, you filed an Intent to File. I answered your post on that issue and asked if you actually have filed a claim...not an "intent to file" a claim, but an actual claim, and I suggested that if you have not, that you should immediately file a VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits.

Still, don't know if you have actually filed a claim. Not sure how to ask that question another way. You either filed a claim or you did not. If you did not, you should have (and if you have time remaining to do so, you should).

Jason Perry said:
Would be really sad if you did not actually file a claim and lose out on what you said is something like $36k in entitlements. Should not have been hard to follow through and file the claim. But, if you didn't, likely you lose out on the earlier date of entitlement.
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See my previous point, above. Lots of money in play....but, the rules say that an Intent to File only "holds open" your claim and the effective date of entitlement IF you file a claim within a year. (There may be other bases for entitlements or reasons to get after earlier dates of entitlements....but, I doubt they are as strong or effective as if you actually followed through on the Intent to File with a claim).

My guess is you may have missed your window to file (if not, I can only suggest again that you meet the filing deadline).

Jason Perry said:
Lots of "WTF" types of issues that happen to folks. But, absent information, can't tell if you just have not actually filed a claim, if you are getting bad information or what.
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I still don't know if you filed a claim after your Intent to File. (I am discounting your IDES "claim" as this is not a clear issue as whether it may "count" for purposes of following up on your Intent to File....it may something you could argue if you are denied the earliest date of entitlement. Don't know why you would want to use that as your argument when there are (or were) much easier and clearer bases for getting the earlier date of entitlement. Why go after the hardest and unclear way to get something when there are much easier ways to accomplish something?

Pyro said:
I filed a claim with the VA directly using a VSO, yes.
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Did you file a claim or only an Intent to File? If so, this is different and new information. Please, if you want anyone to be able to help, be clear about what you have done.
I will ask one more time....when did you file a claim and how did you do it (i.e., using a form, and if so, what form, or by some other method)? You previously stated you only filed a form expressing your Intent to File. This is not a claim.

Pyro said:
I also was put into IDES at a later date so ebennies actually shows 2 claims.
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My guess is that you never actually filed an earlier claim, you only filed an Intent to File a Claim...which means, for purposes that matter for your compensation, probably you only really have a pending claim that is contingent on your being separated or retired via IDES.

Pyro said:
The dude on the phone was from the Phoenix VA office, he said the last guy to see all claims, set up payment and mail out results. He told me the DRO appeal would take 2 years to complete.
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Okay, take his advice then. I can't argue or second guess what some guy said without knowing the context or the facts. Seems to me he is saying you lose as to something (not clear what he is talking about or what was "denied"), but in a couple of years you may get a DRO review decision. Nothing about the strength or likelihood of success.

Pyro said:
They had the LOD and the doctors name who wrote it, they denied everything.
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Have no idea what "they" denied. (Who is "they" and "what' did they deny"?....based on what you have stated, I am not sure you have filed any claims at all. Maybe the reference is to your potential claim (based on the Intent to File) had you had actually filed a claim? (If that is it, they would have very likely would have closed your "potential claim" based on your failure to actually submit a claim....unless you did file which I don't know if you did or did not).

So many things don't make sense about what you have posted. But, I think a lot of that has to do with fundamental misunderstandings about the process.

Not sure if you have blown the timelines for your most favorable outcome- which is a much earlier date of entitlement (but, my best guess is that guy who called you was referencing your Intent to File, so I think you probably have missed that earlier effective date and probably missed out on the $36k or so you previously indicated was in play).

One last shot at saying it again...if you have not missed your one-year window to file a claim after filing the Intent to File, do so.
 
Thanks for your help Jason, I did file a claim and had C&P exams. I was then put into the IDES system where I filed yet another claim basically for the same thing. There was a claim and it involved the cancer, the side effects, the surgeries and the scars. I still do not have the letter (later this week) but was told on the phone I was denied due to not "claiming" my conditions within year of leaving active duty (left Oct 2011, the date of my claims are Dec 2015 and June 2016). "Claiming" within a year of leaving active duty would have been impossible due to the fact my diagnosis wasn't until Aug 2015. I have been an ANG member since Oct 2011, I have a valid LOD and am currently on MEDCON.

Sorry for the "Intent to File" red herring, I did that as well but like I stated above, I do have a claim in the system which was evidently denied.

I am working some back channels with the VA, the bro network is strong, and if that doesn't work, I'll congressional and lawyer up.
 
Little birdie at Randolph called me today, VA told the IDES process (DOD) I am entitled to nothing. 0%
 
Jesus Christ! Stage 4 cancer!? A trackable tumor takes 2-6 years to develop alone let alone stage 4 cancer!

http://drbenkim.com/how-fast-does-cancer-grow-spread

Find a doctor that will bat in your corner and get them to explain the development of cancer, the spread of cancer, and maybe, you can nip this in the butt. What are you doing for treatment? I'm guessing with INCAP you are still in. Stay strong, stay positive (being positive can actually help your chances of beating it) and once you get separated look into studies on cannabis oil to see if it is right for you. I have seen people wither away from cancer and it is something i wish on only the worst of humanity to endure.
 
I finally got on MEDCON, due to the LOD that service connects cancer, which the VA is obviously ignoring. The LOD does trace it to active duty due to the "gestation" period. I'll know more soon.

I go to MD Anderson for everything but chemo, and the AF does pay the TDY costs.
 
I may be incorrect in my interpretation but if you are on active duty orders for greater than 30 days (regardless or not if the VA grants service connection) you will be placed on the TDRL at 100% until the cancer is in remission.

If the VA rates you at 0%, then you are service connected by them. I had one condition that the VA did not want to service connect in the IDES process that fell under the eight year rule and got me to medical retirement, during the final rating the VA granted service connection. Let me look up the wording on my DA-199 and post it up.
 
It reads like this:

What the VA is proposing

We are proposing that the following unfitting disabilities are not related to you military service, i.e. not service connected:

Medical Description of Claimed Disabilities

Retinal hemangioma (also claimed as homonymous hemianopsia) Proposed Percent Assigned 30%

Then there is a block that lists all of my claimed conditions that came back as unfitting and the condition listed above was in the box (with some other conditions that could not be claimed due to anti-pyramid rules)

Denial Reason

Your condition is considered a congenital or developmental defect, which is unrelated to military service and not aggravated by it.


Because of this I did a VARR (the diagnosis of Retinal hemangioma was actually a clerical error by the QTC examining doctor, it should have read retinal hemorrhage). The VARR was sent to the VA, sat there for thirty days and was denied because a VARR only addresses an error in rating percentage and not service connection. So even though the VA stated the condition was not service connected, the Army retired me for it based upon the eight year rule.

When my file went to the VA for final ratings, they saw my VARR that was denied and corrected the clerical error, gave me service connection and everything worked itself out.
 
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At least the LOD is doing it right. My case, the Army kept saying hereditary this, genetic that... then when I get denied by the same reasons in the medical evidence the Army copied and pasted from it says crohns is a condition of genetic predisposition of unknown origins... 22 genotype mutations have been associated with crohns and many with these mutations do not experience symptoms of crohns proving an environmental component. Well, hopefully this next batch of mailings gets me the proper decision. Hopefully your LOD and talking to MEDCOM help.
 
Mine are title 10 and according to some smart folks at Randolph, my case should be heading to PDRL (yes, I know the rules but it has happened for a case like mine). Of course the way things have been going, I'll be living in a van down by the river.
 
Pyro said:
Mine are title 10 and according to some smart folks at Randolph, my case should be heading to PDRL (yes, I know the rules but it has happened for a case like mine). Of course the way things have been going, I'll be living in a van down by the river.
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Title 10 will get you 100% rating TDRL for sure. If you have over 8 years of service than EPTS is out the window. As far as the VA is concerned, once you have a DD-214 they have to accept it as service connected.
 
See.........they used my DD-214 from when I left active duty in 2011. I have yet to get my DD-214 for my ANG service because I am still in hence the title 10. Yes, I have 12 years active and 5 ANG.
 
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