Every once in a while a new wrinkle shows up in the carpet. Member Donte writes of his latest predicament and vA’s response at the vARO level.  This took me aback for several minutes. I know how I would fight it but Donte has already approached it from that angle so it will require a more nuanced approach-perhaps one involving a precedental setting before the Court.

The facts:

Donte was drafted in July 1967 as an 11B groundpounder.  His unit got clobbered during the 68 Tet Christmas/New Years celebration up near Cu Chi and he had to cart a few of his buddies out to the dustoff. Some were permanently horizontal and a lot were bleeding profusely. B-40s tend to rearrange body parts in strange ways. He has a CIB and a Bronze Star in addition to the “I was there” ribbons. He had a minor possession bust for left-handed tobacco but no hard time at the Long Binh Hotel for Troubled Youth. It amounted to signing an admission of guilt and forfeiture of one month’s pay. This will hound him for the rest of his life in vA’s eyes but we’ll get to that later.

Donte came home and got into no further trouble. He was honorably discharged in May 1969 and moved on with his life. He had a few DUIs and an illegal discharge of a firearm conviction (shooting a vicious raccoon on his back porch). He married in 1980 and has been been happily so ever since. He has three grown children, no history of wild, sexual behaviour or drug busts. He’s not as religious as some but more so than others. In short, he’s Joe Average Vet with one exception. He has HCV and apparently has had it for quite some time.

Like most of us, he felt that gradual decline in his health that was inexplicable for his age. He was pestered by his significant other to get a physical and find out. In 2003, the doctors told him about the bug. He tried the dragon breath but it came back after six months of SVR. He opted to forego a second treatment as it really boogered up his health. He now has DM2, blurry vision and fibromyalgia. Granted, the DM2 can be ascribed to AO and he’s getting 20% for that now but these ailments didn’t materialize until after treatment. vA maintains it’s just one hell of a coincidence and has nothing to do with Interferon.

Donte read up at HCVets and began to suspect he either got the bug from the jetguns or blood exposure in Nam. Either way, he was Stage three-Grade three and headed towards an ugly future. He filed for it in 2006 and got the usual “It ain’t in the records, homey so you must have got it from the left-handed tobacco in Nam. You do remember the UCMJ violation for drugs, don’t you? The use of drugs is willful misconduct and the use of marijuana is evidence of a lifestyle that involves other drug risks that would put you at risk of contracting HCV.” We won’t go into how smoking Mother nature causes this. Obviously vA is far more knowledgeable on the subject.

As he continued to fight this, he and his wife discovered she was infected with HCV as well. He promptly submitted this as evidence and the fact that they were both in a caring and loving relationship with no extramarital affairs. The children, thank God, were spared the disease. No one is sure how but vA Examiners slaughtered several chickens out back of the RO, studied the entrails, and jumped to the conclusion that it was transmitted sexually. While this vector may have it’s adherents, the vA is notable for declining to find it a risk in service without the magic nexus paper. Of course, after service it becomes the smoking gun to the exclusion of all other risks. This is where Donte found himself in 2007. He dug far and wide for articles and pictures of jetguns. He sent in a buddy letter from one of his service friends who attested to the Tet Perimeter Party. He submitted all the medical records he could assemble including the biopsy showing the advanced age of the infection as evidenced by the state of the liver fibrosis. What he didn’t send in, and what his VSO neglected to mention, was a NEXUS LETTER. At the urging of his service representative, he signed up for a DRO review in late 2007. Cue up the Jeopardy music, Alex.

The  2010 DRO review maintained that he had very probably contracted it from his wife! Even if you set aside the fact that her HCV was at Stage Two and Grade Two, it was becoming more and more incongruous. At some point shortly after sending in his Form 9 following the receipt of the SOC, he and Punkin discovered his genotype ( 1A) was different from hers (1B). He immediately sent this in as additional evidence that categorically proved the vA wrong in their “nexus” of the probable etiology for the HCV. This is like pissing into the wind at this stage. The snowball had started rolling downhill and the inertia was established. Nothing short of Celestial Intervention was going to stay the hand of the vA. They had made a finding and unless CUE could be proven, it was all for naught! Since Donte now lacked a) a paying job with medical benefits and b) a degree in medicine he was screwed. His vA doctor was unable to provide him with a nexus as they have been briefed not to. Donte lacked the assets to seek out the Dr. Bash “gold -plated” $6,000.00 version. Since Dr. Bash doesn’t take IOUs, he had no game plan.

The SSOC was short and concise. It explained nothing nor did it address the inability of 1A to metamorphose into 1B or vice-versa. It simply said “We have considered the additional evidence you submitted and feel it is new and material but does not convince us that our decision was materially in error. While we found your lay testimony to be credible, a detailed medical theory regarding genotypes is considered beyond the ability of someone lacking a background in medicine. You are free to submit additional evidence and we will consider it if you do.”

Donte is finally headed to the BvA after six long years. He will get the ugly remand for an Independent Medical Opinion from one of vA’s finest Obstetrician/Gynecologists who I understand also moonlight as Gastroenterologists . Said “Gastrodoc for a day” will opine on what the meaning of “is” is and eventually prove the chicken preceded the egg.  Genotypes will be discussed and many martinis will be consumed looking for a viable answer to the metamorphosis question. Trust me. Absent a well-reasoned doctor’s nexus from Donte they will come up with what they feel is a viable way to sustain their denial. If you doubt it, read this one.

Plan B- contact Asknod for advice.

“Whoo-doggies” as Jed Clampett was fond of opining. What can I say? Where do I start? Donte, you need professional help. This can easily be won but not at the Agency level (the VARO) now. Fortunately you are out of that insane asylum. Unfortunately for you, you did not have all the facts necessary to win nor a nexus that would have precluded having to visit Washington DC. on appeal. Getting a nexus at this stage is dicey. vA is going to go balls to the wall to put this one in the closed file. I’m sure they think they have it in the bag. Finding an attorney would be an excellent idea as I do not think you are equipped to combat this. I do not say that to demean you but the need for professional help at this juncture is not going to be provided by a VSO. They are good for holding you coat in a fight. They make excellent mailmen for delivering your pleas. If they neglected to mention the Hickson elements (aka Caluza/Shedden), you have to consider the possibility that they simply aren’t up to the task of defending you against 500 or so of vA’s finest law dogs. Leaglezoom.com has it’s drawbacks and you have just discovered them.

There are as many philosophies on the pros and cons of VSOs as there are stars in the night sky. For every pro I have heard three cons. Congress set up an interesting system that appears to be viable for Vets and indeed, heavily tilted in their favor. In practice, Vets find something different. I did and so have the majority of the Vets I have helped. Some VSOs are ably trained to help and I commend them. Were they all trained properly, the vA would be granting 50 to 60 percent of the claims submitted. Since they aren’t, 85% receive denials and many give up.

Dr. Cecil (see top under VSM) helps Vets by providing a free nexus letter for HCVets. He doesn’t do windows nor will he opine on neuritis or neuralgia. I would suggest a primer education by cruising through the site and looking at different aspects of denial. Yours is truly unique as I mentioned, but can be overcome. To win, you need to start assembling all the facts into one pile that support your position. As I have not seen the mountain of filings to and fro from you and vA, I cannot give sage advice. I hesitate to do so anyway. From what you describe, the argument should stand on its own two feet. vA sees it otherwise and has now firmly planted both heels in the dirt. Getting them to change their minds is futile.

You mentioned an attorney you have contacted. I strongly suggest that avenue. This claim has progressed too far in the wrong direction for an easy resolution. You are going to spend a few years in Hell getting this turned around. I would almost suggest reading my book but I do not feel it will avail you at this stage. It will, however, explain why you and innumerable others lose. It may help insofar as you can use it to win after you get a remand from the Court. They aren’t doctors but anyone with half their brain tied behind their back can see the medical error. Sadly, the vA cannot or will not.