6/20/2011
Need your help, miss appeal date in May 2011. I now have a nexus letter in hand from doctor Dr Cecil Bennett, (praise God). What do I do now? File a new claim, or how to get nexus letter in file. I’m not sure what to do. Dav is the service organization, but there not helpful at all. Need some guidance from NOD. In my file, the CP stated there wasn’t a statement from doctor. Of course the va doctor taking care of me, doesn’t believe in any nexus. So Nod directed me to Dr Cecil, what a good man.
I have Hep C, in record, being treated at a VA of memphis. Been on treatment but had to stop because of lung infections. Waiting to try new treatment. I have alot of health issue from having this virus 30 plus years. I have degen arthritis, in neck, back, shoulders, elbows, hands, wrist, hips, knees. Extreme Brain Fog, some problems in thinking, there ishemic matter in brain area. They said that think from Hep C.
Also, how to get them to look at this for hardship. Of course I’m the wife I this
great veteran. He couldn’t fill out anything. He really effected from this virus.
Also finally I file for disability from social security, in 2007, now got a date before a judge in July, we are closed to being homeless. Please help me, with this.
Posted by Marlin and Diane
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Marlin and Diane,
If you had one year from May 2010 to file a substantive appeal of a Regional Office denial (until May 2011) and failed to do so, then you will have to file a new claim to reopen the old one. VA is very strict about appeal dates. There is no fudge factor and or grace period. It is unfortunate but it is what it is now. Rather than attempt to get VA to see it your way, it would be best to just move on and refile. This also begs the question of what your VSO (DAV) was doing while all this was going on. Don’t they keep track of these things for you? If they don’t, perhaps you should be doing this yourself. Dr. Cecil is a Godsend and I hope you send him a thank you letter for his efforts.
Now, you need to refile immediately. I do not believe in VSOs personally , but you are free to do as you will. Everything you need to win can be found on this site or you can ask questions. Filing a claim with the VA is far easier than you think. Winning it is not that difficult either. You just have to have the recipe right. Keep a diary so you will know when deadlines are approaching and you won’t have this problem again. If you win your SSI claim it will be even easier to win the VA claim.
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Should I wait, and seen if I win the disablity claim with ssa. Also I’m trying to get another nexus, and a statement from a dentist. Do you think it would help?
Do I sent va case law that won on the same stuff I’m claiming. You guys are the best, wouldn’t know what to do without you. I did sent a thank you, to Dr Cecil, he’s the best thing that happen for veterans. God Bless this man. M&D
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Do not wait for your SSI case to be heard. Refile your claim for the Hep now with Dr. Cecil’s letter pronto. It will be 6 months before VA even gets around to looking at the refile. By then you hopefully will have the SSI. Now, remember one thing. You do not have to file all your correspondence with the VA on their special forms. You can use normal 8 1/2 X 11 white paper and clearly note at the top that it is a refile for Hep. Make sure you include the SSN and your current address, etc. If you have a claim # from the last one that is different from the SSN, then include that as well. Tell them in simple english that you wish to reopen your expired claim for Hep. and that the filing should not be construed to be anything but that. Include Cecil’s letter and push print. If they need anything else they’ll contact you. I hate to say this, but I think VA is messing with you on the May 2011 filing date, but that seems to be what they do best. You’ll never win that fight so its time to roll up the sleeves and do it correctly. We’ll be here when you need us, so just shout when you are unsure. As for advancement on the docket for extenuating circumstances, you might include that. Its called “Rule 900” and requires evidence of medical or financial ruin. God bless you all.
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Hello Friends, I told you I lost my mind with all of this, please help! In a day or so I would like to attached my cp exam, and want you to look at what the va said. Interesting stuff, first of all it was a physician assistant, and she didn’t really do anything, threw it back to me, stating the va does not recognize air gun, has a source for Hep C. That funny, cause I have some case law in hand the va rule in and gave the veteran compsensation for it.
That doesn’t make any sense. Dr Cecil nexus I now have in hand said different. Would you great friend like to see this c/p exam. I think the va made a error on this. Plus how can I attach a file to post. Not sure, but maybe I’ll figure this out. M&D
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Another question, my nexus, doesn’t state, more likely than not, it stated you where exposure to Hep C, in the military, by air gun, razor, etc. etc.
Do you think this is a good nexus? M&D
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Dr. Cecil has been at this for quite some time so I doubt he is a novitiate to the process. If he wrote a nexus for you, I’m sure it will hold up under VA scrutiny. Your PA(Physician Asst.) is mistaken in her assumptions concerning jetguns and the VA. The VA is obligated to accept a nexus from any doctor as long as the theory for the disease/injury is not inherently incredible or based on alien abduction. Many doctors are not well-versed in this process and make pronouncements that reflect their ignorance on the subject. Do not pay any attention to them. They belong to “The Moon is made of Bleu Cheese” club or the Flat Earth Society. Concentrate on assembling all your evidence and filing that claim to reopen. As for attaching a file, click on the blue Manage Attachments and follow the instructions. Use the black tab to the lower right labeled “Reply” to do so rather than the Quick Reply directly below. Make sure you hit the upload at the bottom of the window to attach it. We would be very interested in seeing the C&P and giving you some input on it. If possible, make sure to protect your SSN etc. While we trust all our members would never stoop so low as to steal someone’s identity, we cannot speak for all who visit this site.
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Well, here we go with a post from Marlin and Diane. The three documents in question are attached below in blue and identified as M&D #s 1, 2 and 3. Notice how the industrious PA-C has doffed her medical hat and donned a lawyer”s mantle. How convenient of the VA to cross-train medical personnel in the art of law. This kind of justice makes me sick and further illustrates the lengths VA will go to to deny legitimate claims.
Attached Files:
M&D1 (1)M&D1 (2)M&D1 (3)
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I had a PA who examined my liver, tell me that most Vets got HCV from passing around a cocaine straw! I didn’t say anything at all but was thinking: “what a dipshit”
Be interesting to see if she ever stated that I didn’t deny intranasal cocaine use. I am at the point that I just want to tell the VA “legal doctors” to take a FF. I know that wouldn’t advance my cause though. So I just keep my tongue in cheek.
It would be one thing if we were as wealthy as the VA director. However many of us are sick and on the verge of being homeless. All we are asking for is to eek out a meager existence. When I read how people like Marlin and Diane are treated it just burns me up. Now where was the VSO in all of this? Out to lunch as usual. What the hell is an advocate for anyway?
Posted by Squid w/ Dragon
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I read M&D’s Hep C and P exam. I found the exam to be defective, on several points, which should require another C and P exam:
1. The examiner, a PA, should have had this signed by a Physician Supervisor.
2. The Qualifications of the C and P examiner were not listed. Is this examiner qualified to diagnose and treat Hep C? This is not clear from the documents that he has experience treating and dx hep C. Not board certified, no “experience” listed..no physician supervisor signature to “over see” his work.
3. The examiner failed to give an opinion if the hep c was “at least as likely as not” due to military service. The examiner’s job was to make this judgement call, and he did not do this, either positively or negatively. While the examiner did cite a VA document suggesting an unfavorable exam, the exam was to determine if THIS Veteran was SC for Hep..not to implement VA policy. There are other possible causative factors other than jetguns…blood transfusions for one, and the examiner made no real attempt to determine the cause of the Hep C. For example, if the examiner reviewed the Veterans medical records and determined that there were no instances of “high risk” behaviour for Hep C, then this should have been so stated. A review of the records should show whether or not the Veteran had unprotected sex, whether or not the Veteran had a history of IV drug use etc., all of which are high risk factors for hep C.
Because of the examiners failure to even note the presence or absence of “high risk” behavior in the records, this exam is defective and does not provide either evidence to approve or deny the hep c. Whether or not the VA policy is to award SC on Vets jetguns is irrelevant to this instant case, or even suggests a “bias” on the part of the examiner to “pre deny” this case irrespective of the facts found.
The inconclusiveness of this exam renders it defective, as the examiner did not opine whether or not the military caused the Veterans hep c or not. Another exam is needed to correct these defects.
The exam “pre supposes” a negative exam result, based upon VA fast letters, which has no bearing on the instant case. This is in direct conflict with VA policy. IMHO
Posted by Broncovet
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