I love writing about others and their successes when going up against Goliath (VA). Every win is a “take that” moment for what they did to me for 22 long years. Actually, mine’s still in the works in D.C. as we speak. In retrospect, if they had just given me justice in 1989 and 1994, this diatribe wouldn’t be here. I would never have learned how to operate a computer and would be a vegetable watching Drew Carey religiously Mondays through Fridays. I might have gone on to more serious fare like All my Chilrun and the Young and the Breastless. Who knows? Fortunately, I only had one dose of Interferon so I didn’t become totally brain dead.
We here at AskNod( I include my parrot, horse, goat, two dogs and the feral kitty) constantly receive emails from you who have read my posts and managed to overcome tremendous odds. In addition to the joy I feel, it really floats my boat when you guys and gals actually cross the Ts, dot the Is and do the hospital corners on your claims to attain the magic 100%. VA can be so anal about the bed rest Rx and the “Near constant” idiosyncrasy.
Thus it gives me great pride to present a sextagenarian do-it-yourselfer who wins the “CYA in every respect” award. This member watched, plotted and assembled every ingredient needed to win. And win he did-100% scheduler for liver cancer and then 20% more on top for the HCV. Phase Two consisted of presenting additional claims following attainment of the initial award. To prevent the usual VA ploy of claiming you died from non-serviced connected disease or illness, our member wisely obtained further nexus letters attesting to the debilitating effect the drugs had on the rest of his organs, including his heart.
He filed these new claims this year and VA sent it all off to QTC in Diamond Bar, Calif. 60609. QTC came back five by and the raters started sharpening their pencils.
By my calculations, our illustrious member has now obtained a 240 % rating arrived at by 100%, 70%, 60%, 30%, 20%, 20%, 10%+10%(22%). Regretfully, he was turned down for Osteopenia and WBC bone marrow abnormality. Nevertheless he could contest the Osteopenia if he wanted to via a new NOD. I feel confident in saying he probably won’t as he has the major areas covered.
This further illustrates something I have observed over the years. VA will adamantly deny this, but once you’re inside the wire and have your P&T and the SMC-S, they no longer fight you tooth and nail over every claimed problem. On the other hand, VA has a marked propensity as I mentioned above, to have their “experts” opine that from the records only (without you lying there in front of them @ room temperature), it would appear that you expired due to the ONE AND ONLY disease you were not service connected for. Your spouse will spend the rest of her “quiet“ years huddled with some law dog trying to get that which is rightfully hers. Read the BVA decisions if you don’t believe me. There’s even one in the CAVC decisions that really spanked Shinseki recently.
The point I am making is simple, as you can see. It’s easier to accomplish all of this at one sitting than to do it piecemeal. The reason is-taa-daa! – name familiarity. Once they start down the path of rating you, they know you. If you show up again on the radar with these newer issues subordinate to the initial claim, those busy little beavers down in the rating room will snap this puppy up and put Paid to it. They understand that a new paradigm exists once you are P&T X 2 + 40%. It’s like an upgrade to First Class from your frequent filer miles.
In any event, our member gets the last laugh. He read the instruction manual, filled out the warranty card and mailed it in. He now knows the secret handshake and the password. He has been awarded the Poobah Moose (32nd degree) rank. What can I add? He wins who has the most ratings? The only downside to this is you are usually at about #9 on your bucket list. We wish you well, sir. You have taught me something- aplomb and the humbleness to take it in stride as if you were out for a fall stroll. Something only a Veteran is capable of. You bring great honor on that unique eight percent of society we inhabit.
You can see the large hiliter arrow above? That is a finding and admission that the osteopenia is secondary to the prednisone taken to suppress the immune system after the liver transplant that was caused by the disease directly linked to service. See how blithely they glide over the “at least as likely as not” to get to the “no mention of a chronic disabling condition caused by osteopenia.” Oops? If the disease has been deemed secondary (and it has), how has it been characterized as acute (not chronic)? Why give our member the empty Popsicle stick on these issues? Fortunately, they got the majority of it right and all the 10/100K warranties are in place for the engine and transmission.