Advice Needed


rotorhead
Registered: 04/06/10
Posts: 10
04/06/10 #1

Background; US Army 1967-73 RVN69-71 Emergency Room Tech 72-73
I was discharged in Aug 1973. I was hospitalized in Sept. 73 with Hepatitis, treated at a VA hospital in Ft. Wayne, IN.
I just had a Agent Orange Registry exam in Feb 2010, My lab test came back positive for Hep-C. I am so freaking mad that the VA has let me sit around unaware of this monster inside of me. I have had a lot of liver panels come back abnormal, but never paid much thought about it.
I have a claim pending for Hep-C. Dr. who did AO exam said I should file claim. I guess my question is how hard is this claim to prove. And is it possible to get EED back to 1973?
Kindest Regards.
AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
04/07/10 #2

Good Morning…First of all, thank you for your service to our country.Sorry to hear about your diagnosis.

My suggestion would be to gather all of your smr’s, private medical records, anything to do with your health if you haven’t already done so.    Make sure you always keep a copy for your own records.  Anything you submit, be certain you write your claim no. is on the top right corner and your name.
Whenever you do send anything in to the VARO, send it Certified Mail/Return Receipt Requested.

There are verifiable transmissions of Hepatitis C….look to the side-bar to the left on the HCVets web-site and browse through all of it.   As an ER Tech you undoubtabley had exposure to tainted blood along the line.   Any specific event you can trace it back to?    That could help in your defense for an EED…must be verifiable.    Masters of the HCV site will come along and chime in with solid tips and advise.   These are things we’ve learned in our 8 year claim process.

Especially the Nexus portion.   You are in for an education.    There is so much information here….if only we’d known when we filed in 2003 what we now know about my husband’s claim, we’d have done it different from the get-go.   By that, I mean following the advice here on HCVets, submitting all of his medical records pertaining to the HepC, etc.

We went the hard way through the muck of mud and my husband’s claim in pending a decision at the BVA level now.

There are alot of great people on this web-site that will chime in soon.   As for the EED back to ’73….not sure on that one, it’s usually from the date you file, AO claims will retro back 1 year prior to the date you filed.    Would be a sweet victory to get sc with an EED of ’73 though.

Best advice….get as much education as you can about this.   Take care of yourself first and see a gastro doctor for follow-up on the HepC.    You are going to need to know where your condition is presently, more for yourself and what treatment options may be available but also for your claim.

Keep us posted…..

rotorhead
Registered: 04/06/10
Posts: 10
04/09/10 #3

Thanks for the quick reply. I still haven’t been able to except the fact that I have this. unfortunately I am one of those guys that just sort of moved around a lot after getting out of the Army in 73. Only went to doctor when absolutely necessary. Records almost nonexistent until 5 years ago after having a heart attack and triple bypass.This was my labs in Aug 2009;
Hep-C–Positive
HCVGEN Type 1b
HCVPCR;    3,129,677
mALB-R    51  mg/l
PROTEIN   8.8 g/dL
GPT/ALT   64
GOT/AST  52I still am trying to find out why my PCP never said anything about it and I only found out it after requesting copies of C&P exam notes. Am I worrying about nothing?

Kindest Regards, Dave

AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
04/10/10 #4

Worry is spinning your wheels.   I do it all the time and have two rather large holes where my feet usually stand on the ground but my worry keeps my wheels spinning.   Ask anyone here, they’ll tell ya.Normal to be concerned.   Who wouldn’t be.   The main thing is are you having any problems, feeling tired, achy, nauseated?    Keeping a logbook or jotting how you feel into a journal will help you later with your claim and when you see your GI Specialist.   It also helps to let go of the anger feeling – although you have more than every right to be, the Bees should have told you.The 1st defense is to accept your the illness…the 2nd, learn everything you can about it, what to eat, what not to eat…wear a mask when spreading chemicals on your lawn, better yet, stay away from them altogether.    Everything you eat, drink, breathe is filtered through your liver (as you know).

When my husband was diagnosed in 1995 it was such a taboo subject, I remember hearing people (we were in the medical field also) talking about it like it was the most disgusting thing anyone could possibly contract….we kept it a secret except from close family members for a few years and then as we became educated about the illness and my husband began his 1st course of Interferon therapy, we started to let more people into our circle of trust (Remember “Meet the Parents”) – and we became more educated….the more we educated ourselves, the more we could educate those around us and how they could avoid and reduce their exposure to HepC virus…anywhere.    Some people were ignorant and nasty, others were open armed and offered positive feedback.

My main message is you need to get to a point at sometime very soon that you have this and accept it.    Reach out to family and friends, now you know why you are always so tired, etc.    You always have everyone here on HCVets too….we may all come from different walks of life and different backgrounds, but we are all connected by 1 thing and we are like a family.

You have your military medical records, right?    So there is a gap from your discharge date and 5 years ago with medical records.   That’s ok, because typically people who contract HCV won’t have symptoms for many years, often 20+ and some never do at all….my husband never did.   he found out through a random blood test his diabetes doctor ordered.   Liver enzymes were elevated, he was going in for the 5 year colonoscopy, took the lab results in, within a week he had an appt and about a month later we got the results (testing was much slower then)…..he has been on treatment 3 times, and even though the treatment didn’t rid his body of the virus, it did allow his liver to regenerate, to heal without constant attack from the virus and yes, it was very hard to go through.   Some folks get through it without too much trouble, others….it’s hell on earth.

Your viral load at over 3million should not alarm you.    It’s basically a test used to gauge how treatment is attacking the virus….it doesn’t mean that the higher your number the sicker you are.   My husband’s all time high was 23 million +  and he got as low as 600 at the end of his 1st 48 week round of treatment only to have it jump back up within 6 months.   His doctor has told us when he doesn’t feel well, it’s probably when the virus is replicating itself.

You said you were AO exposed?   Have you filed a claim for your heart disease?   A new presumptive disease just added to the list is Ishemic Heart Disease.    I’d get those medical records from your heart doctor if I were you.

When you submit documents to the VA such as medical records, be certain they pertain to the claimed disease/illness only.   In other words, you wouldn’t submit medical records about your broken leg as it doesn’t relate to your heart or liver.     Submit what is relative to the claim and always be sure to write your name, SS and/or claim number on every scrap of paper you send in to the VARO, sending them the copies and keeping originals for yourself.   Send everything and anything in either FedEx with a signature required or US Mail with Return Receipt and Certified…it’s a few extra bucks, but insurance that someone on the receiving end must sign for the package…and you know what’s in it.    Send a cover letter with the list of documents you have enclosed, even using the date of the “doctors letter”   ie:   Nexus letter from Dr. IM Hurt dated XX-XX-XXXX.    Chart notes from Dr. UN Pain dated from – to …..etc.

Focus on yourself first.    You should ask the PCP why or how these results were missed?    I would want to know.   If your PCP is a GP, they may or may not have seen something looking odd on your medical records….but, if like you said you didn’t see a doctor for all those years and then 5 years ago you have a heart attack and now find out you are HepC positive.

Main message…..get any and all medical records you can, for sure request yoru service medical records…you can find info on the how to’s in the column to the left of this board, and forms also.    It might take a few months to get them but you should have them before you go any further.   You may already have them and having been in the field of medicine with a more probable exposure possibility, then you might just slide on through to a sc.    Your going to need those smr’s from when you were in the Army and were dx with Hep though to even think about going back to ’73.   HepC was Non-A/Non-B prior to 1988 or 1989…..the medical field didn’t even know the virus existed so they slapped this label on the finding of this “new” strain of virus.

Stay positive as you can.   Reach out to those around you.   Educate yourself, ask questions, keep a daily log, get those medical records…..all of them.

And, stay connected here.    We are all in this together.   Whatever any of us can do to help you, we will do so.    You are welcomed here always.

AZeeJensMom

rotorhead
Registered: 04/06/10
Posts: 10
04/10/10 #5

AZeeJensMom, thank you very much for your kind reply. So much has happened the last five years health wise I do fill like I’m just spinning in one spot.
I requested my medical records from St. Louis, and they said the are not there. I did find them in the VA system. I have applied a FOIA form to get them. My health care background in the service was I OJT’ed into a program that was suppose to help transition you back into civilian life. I was trained to be a ER Tech. This was at a medical dispensary in the largest U S military housing complex in Germany. In the early 70’s there was a tremendous problem with IV drug use in the military. It was not usual to have 3or 4 OD’s and a few drunks with lacerations and auto accidents on a payday weekend. Sterile procedures were not always practiced as they should be, but I digress, long story short, up to your elbows in blood and mucous and needle sticks and blood and vomit while doing CPR. I left the service on 23 of August, 1973 and was hospitalized in Sept of 73 at a VA hospital in FT Wayne, IN with unknown type of Hepatitis. I guess we all know now what type it was. I have no record of drug use in or out of the service. And you are right I never knew why some days I was so tired I didn’t want to get out of bed, and sick to my stomach for no reason. I have an appointment this month with PCP and I will bring this up.
Than you for letting me vent here, I am trying so hard to let go of the anger, but maybe that’s some thing for another day. Again thanks for all the good info on this web site. It must have been divine intervention that I stumbled across it. If there is anything I can do for anyone this site please don’t hesitate to ask.Kindest Regards, Dave
AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
04/10/10 #6

You are welcome Dave…..always.Sounds like you have more than enough exposure possibilities for HCV…..the hospital records from Ft. Wayne, you are going to want to make sure they are included in your smr’s…..things often have a way of not “making into the FOIA” request.     We learned the hard way on that one so passing that info on to you.Spend some time looking through all areas of this web-site…it’s outstanding.
I stumbled across it myself about 2 years ago and that was a good day indeed.    I know how you feel.

Any other questions, don’t hesitate to post them….

Stay well.

NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 652
04/12/10 #7

Dave– I certainly don’t want to rain on your parade but VA Law mimics American Law for the most part. If you do not file a claim for an injury- be it HCV w/ VA or a malpractice suit with a doctor who isn’t qualified to be a Veterinarian, you are limited to the date you file the claim. In addition, you have to judiciously pursue the claim through the Appeals process or risk watching it become recycled paper. There are many Vets out there who choose to pursue their own claims. Some have legal backgrounds and some don’t. After using 3 different Veterans Service Organizations with no luck, I opted to learn everything I could to win my claim. This isn’t easy. If it was, we’d all be rated 100% for Hep and enjoying the fruit of our fight. Ask NOD is primarily a self help workshop with lots of supporting advice and ideas to help you. However, if you find the legal and mental challenges to be over your head, feel free to seek help from a VSO or ask more questions here. Good Luck, sir, in whatever you choose.
rotorhead
Registered: 04/06/10
Posts: 10
04/13/10 #8

NOD, thank you for your insightful reply. I have used a VSO in the past but on this one I think I am going to study as much as I can and do this claim myself. I am mad as hell that they just let me hang with this monster.I  will use all the advice and help that this forum can provide. I will channel this anger in a constructive way and not fight just for the sake of fighting. Again thanks for the info.Kindest Regards, Dave
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 652
04/14/10 #9

Dave– At the end of the day you will discover that you were the one that carried your own water- no one else. The apathy shown by many VSOs is not so much the organization’s fault, but the individual SO’s fault. They are woefully undertrained and often ignorant of the very law they purport to know and brief you on. Classical examples of this are the numerous stories of SO’s telling us tattoos were considered willful misconduct and therefore not subject to service connection for presumptive connection to HCV. Start your quest for knowledge by reading Board of Appeals rulings (see left) and get a feel for how the judges use case law and Chapter 38, Code of Federal Regulations (38 CFR) to formulate their rulings. I cannot enunciate how important it is to become familiar with this. Watch Judge Judy one time and you’ll understand it even better( “I don’t want to hear about hearsay! Where’s your witness? Can you document this?”). With the VA, there is virtually no difference. Subjectively stating something you cannot corroborate does not turn it into fact. All the evidence you submit must be pertinent, have a basis in fact and must relate to you or your case. You will see Vet after Vet say: ” The doctor told me thus and so.” VA will ask you: What doctor? where? What’s his name, rank, airspeed and tail number? Did he write it down? No? sorry, sir. That’s hearsay. Submitting useless info you can’t prove makes you look like a boob and hurts your presentation. When you defend yourself you will find a Veterans Law Judge will often be more lenient. However, he/she will not abrogate the rules and regs to issue a judgement in your favor.
rotorhead
Registered: 04/06/10
Posts: 10
04/29/10 #10

Just got home from Veterans doctor appt. My primary care doctor said he would do all he can to help me with my claim for Hep-c. I think he was genuinely sincere. Apologised for letting me slip through the cracks and delaying treatment for 8-9 months. Set me an appt in two weeks for a hepotoligist to determine treatment protocol.  Good news I hope.
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 652
05/01/10 #11

Good deal. Most (but not all) Personal Care docs will be glad to help you, but to win, you’re gonna have to play by their rules. You need to have the nexus letter from your doc. In it, he has to set forth a clear and convincing argument that your HCV is service connected. He has to state that he has reviewed all your contemporaneous medrecs from 72-73 to present concerning hep of any flavor. Remember, nobody knew about C until 1990ish. You need a good gastrodoc with lots of letters after the M.D. but mostly, you need him to link the 73 hep with the 2010 hep. Do you know what kind of genotype it is yet? If it’s 3A or 3B you have it in the bag. Get any tattoos while you were in? STDs? Same applies. VA is going to try to make you look like a junkie or worse. Watch what you say or write down for accuracy. Don’t ever keep speaking to fill in silent spots. Attorneys try to get you to do that.2 tours in SEA?(RVN 69-71). We were both in and over there at the same time (me-70-72). I DEROSed 5/72 and got out 2/73.Thank you for your service.
Unknown's avatar

About asknod

VA claims blogger
This entry was posted in Tips and Tricks and tagged , , , , . Bookmark the permalink.

Leave a comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.