6/30/11
I’m at the decision phase for a non service pension for my hep c and or liver issues, im not sure how it was filed by the vso , until i see the decision i wont know exactly. I am sure i am not employable with stage 5 of 6 liver issues.
My question is,,,
If granted non service connected pension can I submit an appeal along with enough evidense to show that it is very plausible that it was service connection. i was in service 74-77 did my basic and ait at ft leonardwood,mo (testing ground for experimental inoculations) I too shared jetguns. I also had a finger tip amputated and repaired in a dispensery at ft carson co. in 76 so very not surgical environment,, not only that i was a engineer mechanic and part of the knuckle busters and tool/ rag sharers.. what are my options to re-establish service connection… should i persue the hep from their surgury which is documented and claimed at 10% sc.. or go with all the above..email strawmouse922@yahoo.com.
———————————————————————————
Lots of interesting questions. Let me see if I can answer some to your satisfaction, sir. Assuming you filed this with a VSO, they will have a folder with all your info at their office. The normal procedure is to burn a copy of everything you sign except maybe the POA and give it to you. Not knowing who/how/ what was filed sounds a little too Helter Skelter for me. We’re talking legal paper here. A filing for NSC Pension is usually not too difficult if you are over 65. As you are 53, you may find they aren’t as warm and fuzzy as they could be. That one is hard to call.
If you are granted NSC Pension and wish to try to go for a conversion to compensation, you will have to file anew. It will be considered a new claim. You cannot convert to a comp. claim in mid stream as there are two entirely different teams involved in the decision making processes. Either its a Pension claim or its filed as a comp. claim. They are not interchangeable.
Pursuing the fingertip surgery based on unsanitary conditions is a very difficult claim unless you had two things. A really nice raging strep or staph infection following the surgery would suffice to prove unsanitary conditions and proof of a transfusion would show blood contamination/exposure. Absent that you really have no claim. Proof of HCV in the 70s wasn’t there. The 1992 PCR test for HCV was the first accurate, viable test. If you had Hep B in service and it was documented in your SMRs, you can win with a little work. Getting a nexus will be paramount to winning anything. VA is more willing to accept lay testimony now than they were 20 years ago. Still, it will not win your case by itself. Tattoos or STDs documented in the records will almost guarantee a win with an appeal.
You use the term “re-establish service connection” and I am not familiar with that. It sounds from your post that you have a 10% rating for the amputated fingertip? If that is the surgery you feel was responsible for the Hep. then you will need to prove what I mentioned above. If you have no medical training to prove your point they will rip your theory to shreds. I think it goes without saying that a picture of you in your underwear getting a jetgun shot does not comprise positive proof of contraction of this disease in service.
Get a copy of your service medrecs. You would be surprised what you do not remember about that period in your life. You may also find something useful in there for a nexus. Filing a claim should be like packing and preparing to summit Mt. Everest. You need “stuff”. You don’t throw in a couple of cans of baked beans, a sterno can and some warm gloves. It requires a lot of preparation and a boatload of patience.
Wait and see what your NSC Pension claim produces. This, if successful, will give you some financial breathing room to formulate a game plan if you decide to go for it. As I mentioned, assembling your medrecs and milrecs from the NPRC in St. Louis is imperative. If you have not done so, obtain them immediately. Google National Personnel Records Center in St. Louis and file for the records. You can do it online now. It takes a few months to get them so start now. We’re not going anywhere unless its to the hospital, so we’ll be here to answer your questions. I think they have good Wi-Fi at the new one near me.
Happy Forth of July weekend to you and thank you so much for being a real American Patriot. We are few and proud-and rightfully so.
————————————————————————
Thank you for your response..I know I will be in for a battle on proving anything. I like the idea of NSC til filing a new claim. I submitted request for med/mil rec’s too. What gets me is 67% vietnam era vets are/was stricken with HCV, the Govmnt acknowledged they had issues with inoculation, they used major money to prove and disband the use of those jetguns and methods of administerring. In 92 they accepted responsibility with plausibles yet they NEVER issued any notification to any vet to at least get HCV checked, instead they let it fester to a 30-40 yr of hidden survival of the virus so that NOW we suffer major side effects without a viable means to recovery or compensation.. they say you need proof beyond belief. I have enough proof and so do all the infected and that is NEGLECT.. IF a DUCK LOOKS LIKE A DUCK IT MUST BE A DUCK… I wont let it go unnoticed. thanks and i will keep all informed.
——————————————————————————
The VA is disingenuous at this game. If evidence of a new disease/ injury vector begins to rear its ugly head, the best thing to do in their minds is to bury it. Look at the Agent Orange debacle that went on for years. Nehmer 1 started in 84. Nehmer 2, which resulted in the dam breaking, occurred in 91. 2001 saw an increase in the type and number of recognized AO diseases. Again, this year we see even more added. As you point out, if everyone is falling like flies from Hep., and there is anecdotal evidence that insinuates it may have its roots in service, medical science would normally demand a study to ascertain any correlation to further our knowledge on the etiology. Not so the VA. In their convoluted thinking, there is a) no problem; b) no correlation between the two and c) no need to study this as it may be “plausible”, but has never been conclusively proven. VA Logic triumphs here. They have never done any studies to link jetguns to possible HCV infection simply because they know what the results would be. There isn’t enough money in the VA budget to cover the ensuing flood of claims. No, the best course in their mind is to pay the collateral damage on a first come, first served basis if they must and turn a blind eye to the glaring truth. Its easier (and far cheaper) in the long run to say no definitive studies have ever been done proving a link, than to discover ( read expose) the truth. Denial is more than just the famous river running through Egypt. And, yes, Strawmouse, your work is definitely cut out for you here. We stand ready to assist in whatever way possible.Godspeed and have a happy and safe 4th celebration. Having a minor in Explosives Ordnance Disposal, I know I will be doing my part to make sure America is duly celebrated this year.
————————————————————————-
do you know of any real good vet reps in tampa ocala area that would help present a very good chance at getting my claim filed and won? all info is appreciated. Doctors etc,,,
———————————————————————————–
Actually, no. I live almost diametrically as far away from Florida as one can and still inhabit the lower 48. I am in the Seattle area, sir. I would suggest googling it as I find that works for everything short of a good waffle recipe. Try VA lawyers, Veterans Representatives or possibly VA claims help. I’m sure you will be assaulted with a long list of choices.
I am off to go clamming before I end up back in the hospital. It seems my autoimmune hep. has decided to make another appearance. Minus tides are few and far between. One must take advantage of them and one’s health while he has it.
————————————————————————————————————————————————
Straw Mouse–Most of the people that hang around here had VSOs that blasted their HCV claims to smitherines! Because when you light the fuse, the fireworks either go off or they don’t. If it doesn’t “go bang” then it is considered a dud! My appointed “Duddley Do-right” disappeared with my claim into the hills and that is the last I saw of ’em until my appeal date approached after the denial. When I tracked him down for the evidence that he was supposed to supply with my claim I found out he didn’t have any.Good luck in finding a VSO that can help you win your SC claim for HCV. I’m sure they are out there, just that no one has been able to find one yet. Thank you for your service and happy 4th to you and yours!!
Posted by Squid w/ Dragon
————————————————————————————
Oh and Mr. NOD’s tricks and tips> A GOOD FOUNDATION
I think that is a good place to start, was for me anyway. Any VSO or Rep what-ever needs to speaketh that language and communicate those issues to you in that manner or they are probably just wasting your time…
Squid
asknod
Bethanie Spangenberg
kcraveiro
robinhoodesqvetsatty
Wesley McCauley
Veterans Claims Help 