BVA– NEW JET GUN WIN

Posted on December 15, 2011 by asknod

The newest batch of BVA decisions was posted today and there was a lot of activity on the jet gun front. Apparently this is now becoming accepted insofar as it is “biologically plausible”. I’m sure the VASEC is apoplectic about this but if it is biologically plausible and a Doctor, PA or ARNP says its at least as likely as not, then you’re in business at the BVA. Maybe not at the Winston-Salem RO, but who cares?

http://www.va.gov/vetapp11/Files4/1140321.txt

About asknod

VA claims blogger

View all posts by asknod →

This entry was posted in BvA HCV decisions, Jetgun BvA Decisions, Tips and Tricks and tagged asknod.org, HCV, Help with vA Claims, Jetguns, Service Connection, VA claims, VA HCV Claims Help. Bookmark the permalink.

10 Responses to BVA– NEW JET GUN WIN

asknod says:

December 22, 2011 at 19:09

Submitting a request for the inservice medrecs isn’t working and VA will continue to blow you off. If they haven’t decided it in two years, you need to grab the initiative. Write the VARO and demand your copy of the C-files replete with the service medrecs pronto. Get it before they start losing parts of it or shredding it.

Reply
asknod says:

December 22, 2011 at 13:57

James, my advice to you is to file a request to the VA for a complete copy of your C-file ASAP. This may slow down the claim, but proceeding without it is suicide for your claim. You cannot defend or rebut evidence in your file if you don’t know what they have. You will be playing catch-up and defense from here on out without it. Best to see the cards dealt you before making the bet. This is Poker rule #1 when playing with these boys. You want your claim to be an offensive with VA on the defensive. Remember, this is ex parte justice with no cross-examinations. Make sure you get some good lay testimony on board, too.

Reply
Randy Nesbitt says:

December 16, 2011 at 00:47

Yes Virginia there is a Santa Claus. Although I have been “permitted” to have my HCV allowed due to the fact that I worked in a high risk area, aka Wilford Hall Medical Center and received numerous needle sticks, I am still confident that mine was from airgun innoculations 1974-75 but see no reason to fight them on it. Now all I have to do is fight them for comp and ratings increase but this brought a much needed sigh of relief. Hopefully the thousands of others in the same boat will get their issues resolved now.

Reply
AZeeJensMom says:

December 15, 2011 at 18:57

It’s about damn time.

Reply
- Miguel Figueroa says:
  
  December 15, 2011 at 20:46
  
  Will this means that we have a chance even if we summited a claim for hep-c related to others matters or we have to summit the jet gun issue as a new claim?
  
  Reply
  - asknod says:
    
    December 15, 2011 at 21:36
    
    No, you do not need to refile. What you need is a doctor to say that “It is as least as likely as not that the hep. C this man has is related to his injection by pneumatic air injection devices while in the service and I have reviewed all his service medical records.’ If you file for another risk, the doctor will have to state “that it is equally as likely as not that he was infected by this other risk factor as well.”
    
    Reply
    - prvet says:
      
      December 16, 2011 at 17:03
      
      Thx NOD, understood.
      
      Reply
    - James R Coffman says:
      
      December 22, 2011 at 11:47
      
      What if the VA says they are having trouble finding your in service med/recs. I contacted the national records ctr in St Louis they say they are on loan to the VA. I have a nexus letter from my doctor stating in his clinical experience that this particular risk factor (exposed to air gun vaccine while in the military} is without doubt the most likly risk factor for my chronic Hepatits C. My doctor has not been able to review in service med/recs. Will there be a problem with that the records ctr says they are on loan to the VA, wouldn’t that be their responsiblity?
      
      Reply
      - Randy Nesbitt says:
        
        December 22, 2011 at 13:41
        
        James: You might be able to track down the records where they are on loan to and once located have the VA hospital or wherever they are currently sitting burn off copies for your personal use. I make sure that ALL of my past and present VA medical files are copied and stored in a safe place. Also, as you might be well aware of is NEVER send the VA an original copy of anything and when you do mail out correspondence to the VA that it is return receipt so that you get a signed copy and dated for your records. Hope this might help you out.
        
        Reply
        
        James R Coffman says:
        
        December 22, 2011 at 17:48
        
        I have submitted a request for my in service med/recs.The VA says they are trying to locate them. In the meantime they sent me more medical release forms for all of my treating physicians. I have previously did this in the beginning. I have since contacted my congressman to see if they could help. It has been 2 yrs without a decision one way or another. Is this common?
        
        Reply