multiple claims?

victim88
Registered: 07/27/09
Posts: 14

	01/03/11	#1

after filing for service connected hcv- 04/07 and being denied, (no evidence of hcv or treatment for hcv during military 77 – 88) file currently with american legion/bva in washington dc for appeal.my military medical records reveal a long history of headaches due to a slip and fall at booth camp, these headaches continue to this date, after years of headaches and many hospital visits, a neurologist stated cluster headaches. i’ve had these headaches for so long i forgot how they started, anyway should i file a claim for compensation due to military related headaches that are clearly documented in my military records, and plenty of medical records after service. after being advised of the long wait for a decison from the bva regarding service connected for hcv, would it be feasible to file for service connected for headaches? thank you for your support ci5od
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NOD

Manager
Registered: 11/22/08
Posts: 654

	01/03/11	#2

You have two different subjects you are dealing with here. Don’t confuse them. Your claim for HCV really shouldn’t take forever. The BVA was crowing last fall that it only takes 155 days from receipt of a certified claim to completion of adjudication. We all know better and don’t subscribe to the Tooth Fairy’s newsletter or the Flat Earth Society magazine . Nevertheless, it doesn’t take eons either. From date of receipt of a certified claim in D.C. it shouldn’t take more that a year to docket it and receive a meaningful resolution. If a remand is included, that can stretch it another 8 months or more. If the claim cannot be easily resolved or the AOJ screwed it up royally, of course it will take longer. As for the headache claim, that is a completely different animal. As the VA works with a paper file system, they will have to halt adjudication proceedings in D.C. to make a copy of your C File and return it to your local VARO in order to begin your headache claim. If you wait, your effective date of claim (the day you file it) is later and later. Delay means less $ for you or at least a later date when your compensation will begin. It really is not tied to any appeal or legal action pending now or in the future in D.C. If you have documented evidence of this in your contemporary medical records your claim may well be decided at your local VARO rather than require an appeal. The whole claim will hinge on that doctor’s nexus though. If it is couched in the wrong terms, all your time and energy will be for naught and you may end up in an appeal. Everyone’s circumstances are different. If you were injured in the service and your medrecs reflect it, this claim should be a slam dunk. Although we are not Legalzoom.com, we do have all the info you need to do it yourself. Involving a VSO is required if you need someone to hold your hand. After all, they are just going to be your mailman to the VA. If you get any meaningful legal advice from them, you may want to immortalize it electronically and share it with us on Nodtube.
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victim88
Registered: 07/27/09
Posts: 14

	01/04/11	#3

bless you all for all the support given,yes my military & civilian medical records reflect my long history of headaches after boothcamp, also my neurologist provided a somewhat nexus stating my present condition and past military connection. i filed this claim for headache & provide copies of my military medical records reflecting my slip & fall & headaches also the above mentioned nexus. my plan is to win this claim for headaches, while waiting to win my hcv decision with the bva. this is a question regarding my third discharge: 85 – 88 OTH-pattern of misconduct, -88 UA,unauthorized absence- 79, alcohol abuse/ARC -87 my only defense is the chronic headache pain, that right “severe headaches l missed work, alcohol consumption seemed to work for a little while, but then depression, more headaches never ending pain from the headaches”. question is would my defense of chronic headaches be a plausible excuse for bad behavior? missing work, alcohol consumption, presc/drugs? thank you for your support
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NOD

Manager
Registered: 11/22/08
Posts: 654

	01/04/11	#4

I guess the burning question we have to ask is quite simple. Was your third period of service under other than honorable conditions-to wit: either an Undesirable or the Big Chicken Dinner (Bad Conduct Discharge)? The reality here is that your injury occurred during boot camp which we presume was your first period of service. If your discharge for that was under an Honorable or even a General Discharge, you would still be eligible for compensation . The way the rules read is quite simple. If the injury occurred during a period of enlistment that was considered to be dishonorable, then you lose any entitlements. However the service you served in bifurcates your time into two separate categories if you have “issues”. They usually state that your service was honorable from X to X2 and under less than honorable from X2 to Y. This is usually followed by your summary parting of the ways unless you become their guest at Leavenworth for some hard time. It would appear you have 3 different enlistments with some dead time in between. This being the case, it has to be assumed that Period A and B were under honorable conditions. They would hardly allow you to reenlist if you had a poor track record. If period 3 is also under honorable conditions, then you have nothing to worry about as far as the headache claim goes. Even if it is bifurcated into a good and a bad period, the injury still occurred during the first enlistment and is thus protected. The issues of alcohol or prescription drug abuse may plague you on your hep claim, though. VA will often catastrophize those events and portray them as the precursors to risk factors that are willful misconduct. We have seen VA’s marked propensity to view any event of a negative nature in the worst possible light. Be prepared for this with a game plan and evidence to refute it. Forewarned is forearmed in Claimsworld. As for support, we pay it forward for all those who aimed us in the right direction. It’s the very least we can do for a brother or sister in arms. We’re sure you would do it for us if the tables were turned.
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marlinanddiane
Registered: 05/20/10
Posts: 27

	03/11/11	#5

Started Interfron lasted 6 months, doctor stop treatment because of a 3 lung infections, now think he has MS disease also. Could Hep C cause this also. Still waiting for doctor statement from Va. Does anybody else have this with there Hep C
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NOD

Manager
Registered: 11/22/08
Posts: 654

	03/11/11	#6

One would think that being on Interferon would make you immune to almost anything and everything that comes along. It excites your immune system into attacking the HCV. If you have an underlying autoimmune disorder, it can have unpredictable results much like napalm on a house fire. Often the body will attack itself in addition to the hep. Google autoimmune diseases and see what you come up with concerning MS. I found this: In MS, the body’s own immune system attacks and damages the myelin. Now, I have no M.D. after my name , but it stands to reason that any time the body attacks itself, it fits the definition of an autoimmune disease. Getting a lung infection while on a hyperdrive motivator like IFN seems incongruous on its face. There must be more at work here. I have no knowledge or training to give meaningful advice. I suggest you discuss this facet of the drug with your gastrodoc. He should be knowledgeable about this insidious reaction. Mine wasn’t. He knew I had Crohn’s and decided to hose me with it anyway. It almost killed me the first time out. Trust no one but yourself when it comes to medicine. A doctor’s opinion is often just that- an opinion. Remember, the shingle hanging outside their door advertises that they practice medicine. I never see one stating they perform it. Until that day, I will read the small print on the medicines they prescribe me very thoroughly. It would have saved me several years of illness and four operations. I am truly sorry to hear of your travails. I personally believe they will come up with a viable cure for hep some day. I suspect it will involve a drug that envelopes the disease and effectively keeps it from doing any harm to the liver. IFN is like an iron bomb vs. a smart bomb. It sometimes works if it hits the target, but can have spotty results. It was not designed for everyone as we can clearly see now. Too bad we are the orphan child to HIV. They seem to get the lion’s share of the medical funding. It must be more “cool” to have that than HCV. Well, that seems to be Hollywood’s current take on it. Wait ’til Charlie S. comes down with it and then we’ll all be in high cotton, medically speaking.
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AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94

	03/12/11	#7

My brother has MS and Interferon, had he chosen to go that route, was a recommended form of treatment. He decided against it because 20+ years ago when he was diagnosed, it was the mild form of MS. He has been in remission since, yes … he has shown hiccups along the past 20 years but all in all, his mind and attitude is positive and when they told him he might never walk again 20+ years ago, he proved them wrong. I envision the future miracle cure for HCV is something along the lines of a substance, agent or medication or maybe all of the above that when ingested or injected will go after all those little buggers, scoop ’em up like Dawn dishwashing detergent grabs hold of the oil in the water. Then, the encapsulated packet of little buggers exit the body….how, I think you can imagine the exit procedure without me going into detail 😉 My husband has been through 3 courses of IFN treatment, to what we always thought was to no avail…..however, had he chosen to go the “no treatment” route, his liver more likely than not would have done an about face and failed him long ago. As NOD says, these are decisions and discussions for the gastro doc. Everyone’s reaction is different, we are all unique …. I wish you well, and if you need a supporting hand or in need of any assistance we can provide, we stand ready to do so. You are not alone ……, Support and Good Wishes