BVA–DR. CECIL NEXUS PREVAILS ON JETGUN


You have to hand it to Dr. Cecil. He gets a lot of static for helping and does not always come away with a win. Often, the Vet who seeks him out is less than forthright about his/her medical history and leaves him with egg on his face for supplying a nexus letter based on untruths.

I guess what is equally amazing about this is that it came out of the Oakland RO and didn’t require a decade to accomplish. Someone did receive a bonus for the initial denial.  Jetgun decisions at the RO are nonexistent and are all booted to DC automatically-ergo the bonus.

Here, a Vet with absolutely no risk factors other than service in the eighties comes forward and all vA can summons up is that it can’t be the jetguns. No other etiology is explored or investigated. The clear implication is that he is lying or hiding some seminal event that could explain the etiology.Unfortunately, vA cannot hang any ornaments on this Christmas tree. Additionally, they are trying to pit an ARNP up against a gastroenterologist with a specialty in hepatology-never a good idea in the best of circumstances. Here it backfired and the VLJ rightfully awards service connection to the Vet.

Study this one long and hard. It’s the proof needed to assemble a winning claim for jetguns. I know all of you have heard on other Vet’s help sites that this is Mission Impossible but it really isn’t. That’s why I wrote my book. Jetgun claims are unarguably one of the hardest to win by far but vA has made any claim difficult beyond your wildest dreams anyway. Thus winning this is just marginally harder and requires some specialized finesse. We are happy to supply that here. Additionally, Dr. Cecil is, too.

About asknod

VA claims blogger
This entry was posted in BvA HCV decisions, Jetgun BvA Decisions and tagged , , , , , , , , , , , , , , , , . Bookmark the permalink.

6 Responses to BVA–DR. CECIL NEXUS PREVAILS ON JETGUN

  1. gman says:

    ok, you are talking to the horse. i am the vet who prevailed in this bva appeal. the initial hep c claim was denied because i thought i had received a blood transfusion while undergoing a service connected injury. it was my first time in surgery… all i remember is a bag hanging from above and a needle in my arm. after receiving a copy of my c file and reviewing the surgical report i realized no blood transfusion. my initial application for hep c was denied by the va, i began my research. the final appeal was more than 70 pages in length with 20 exhibits (from my c file – dental records, health questionnaires from va visits including a hep c screening questionnaire, lab results from the va and from my private doctor, doctor cecil’s letter, immunization records from my c file, VBA fast letter, 1999 dod discontinue use of air jet injectors, dental research regarding hep c transmission, research regarding shared shaving equipment, research regarding hep c and dried blood, research regarding bacterial spores survive treatment with commercial sterilants and disinfectants, and documentation regarding hep c and us military personnel infection rates). nearly all 76 pages of my appeal was either from my c file or from research…. nearly all the research was directed from this website (a big salute), including a reference to 18 Nov 2005, Reno VA hep c win (this entire va decision was included in my appeal). doctor cecil’s letter was a huge factor in my win. as of today, i have yet to receive a disability rating for the hep c. first claim filed in 2006, appeal completed 2012. six years and still waiting. stay airborne.

  2. RobertG says:

    Who loves you baby!! I like this decision. Dr Cecil beat up on a nurse who is trained to say those ugly words “least likely than not”. I have some thoughts though. I noticed that Dr Cecil must have a boiler plate nexus letter regarding his opinion. Almost word for word as he wrote my nexus earlier this year. Also the board grants SC so no more duty to assist issues can be raised? Here is my issue. I was denied 1995 RO in Los Angeles because of badly worded nexus by C&P quack. His words were as least likely than not-BUT-benefit of the doubt is given tot he veteran. HOWEVER the board completely ignores the “altered nexus opinion” in the same breath! The crossed out sentences-without documentation to who did it- were in the same paragraph? Is there a duty to assist here about the altered document? I had idiots vso Ca Dept of Vet Affairs as my rep back then. No one made an objection to altered nexus! I was not present nor was I notified I had hearing that day. If shit rolls downhill I was there to play catch without my charmin. Duty to assist has been bugging me since my altered nexus was there before the board and my vso rep. I am confused. Was the elephant in the room ignored by all?
    Glad this vet won…….

  3. KC says:

    Of note… the RO that denied the claim appears to be Seattle vARO where the claim was brokered. *SHOCKED*

    • asknod says:

      Missed that one and moved down to the scene of the crime, KC. You are so right. Somehow, I don’t think it would have made any difference if they’d translated it into Spanish and sent it to the Pasey City regional Office in the Philippines.

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