BVA–SC FOR HCV DUE TO 3.156(C) & JETGUNS


VeteransAdministration.12755109_stdHere’s a daisy. Veterans Attorney Everett L. McKeown did a magnificent job of getting Johnny Vet his SC for Hepatitis. They found old STRs from his first period of enlistment and used them as the fulcrum to get his 2004 claim reopened. This is the crowbar known as 38 CFR §3.156(c). It is the only other tool available to reopen an old decision other than CUE to obtain an earlier effective date. 

lawyer-everett-l-mckeown-esq-photo-1468460

Everett McKeown, Esq.

Whether McKeown knew he was going to unearth the old records in advance is immaterial. He did a magnificent job on the back side of the claim after showing the risks of transmission of the disease via jetguns with pertinent articles and not one, but two positive nexus IMOs. Result? Johnny wins all the way back to his filing in early 2004. His knowledge of VA law, and §3.156(c) in particular, were the winning combo. He’s located in Windemere, Florida if any are interested in his services.  Read all about it:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp15/Files3/1525003.txt

And here are Mr. McKeown’s particulars for those of you who need quality legal help.

http://www.lawyers.com/windermere/florida/everett-l-mckeown-esq-158768483-a/

Two things I note as well. The VA has finally come around to my way of thinking and begun capitalizing the word “Veteran” as well they should. Additionally, while they have not yet begun referring to the Pedojet and Munji inoculation devices as a “jetgun”, they are beginning to refer to them as “jet injectors” rather than pneumatic air injectors. I’m patient. I say it’s a jetgun. It looks like one and it has a trigger. Case closed. We’ll gladly take the win though.

jetgun ejection 1cc

About asknod

VA claims blogger
This entry was posted in BvA HCV decisions, Earlier Effective dates, HCV Risks (documented), Jetgun BvA Decisions, Jetgun Claims evidence, Lawyering Up, Veterans Day and tagged , , , , , , , , , , , , , , , , , , , , . Bookmark the permalink.

5 Responses to BVA–SC FOR HCV DUE TO 3.156(C) & JETGUNS

  1. John E McLean says:

    Do I need to file a form to recind power of attorney from the current VSO in Fresno, CA? I’m hoping to get a referral for an equally competent attorney as Everett McKeown, Esq., closer to home and cut the Fresno (No Service) Office loose. My last filing of NOD was a disaster and I’m hoping to put my claim(s) in the hands of an experienced, knowledgable pro-Veterans attorney. Thanks for any info on my question re: PofA, and if you know of a good Veterans Claims law office I would much appreciate a heads up. Sincerely, John McLean
    PS: the photos of the 2015 Hugfest brought a tear to my eye, what a great way to celebrate… hoping to be there someday myself, was at the VA yesterday getting acquainted with the folks at gastro before I begin my second round of HepC treatment (first was near-death interferon/ribavirin in 2000) next month – Sofabuvir/ribavirin

    • asknod says:

      Great to hear from you sir. HCVets and proud of it regardless of the tar and feather jobs we’ve all endured. Harvoni is like walking the dog compared to the Interferon Iditarod.

      The answer is yes to filing the POA recision with the VSO. In addition, in order to get the gum off your boot, send one in to the Janesville Wisconsin VA Intake center certified or with a USPS 3817 Certificate of mailing for proof with the same document. I had the MOPH on cc. for eight years even though I did so. They like to call for a photo op with your long lost service rep. when you win back to 94. Best of luck on the McKeown route. He’s an able VA barrister.

      • John E McLean says:

        Thanks, Alex. Will get the proper form & send off to the appropriate bodies as you’ve advised. Also, I’m aware attorneys are limited in representing out of state clients unless they are licensed to do so. I’ve emailed barrister McKeown’s practice in Florida in hopes that he has knowledge of a practice here on the West coast to refer me to with the same experience & success with VA claims he has accomplished.
        About that awesome T-shirt, Alex, where do I fill out my order for 2 in size XL!!!
        Grateful for the help & encouragement, Friend. Sincerely, John McLean

        • asknod says:

          Not true. You may hire an attorney from any state to represent you against VA. Mine lives and practices in Battle Creek Michigan and I live here in Washington. I prefer to have them close by but that isn’t always possible. With the internet, it’s a breeze.

          Let me look at Inventory. That was a limited run for Hugfest. The new ones will be the basic logo with “VA Claims” (in red) in place of the Hep C .Virus logo.

          • John E McLean says:

            Great on all fronts!! Goes to show how much I know. I recall that for years VA advised against hiring legal representation, as they said, “why pay a lawyer when we are here to help.” Yeah, right!
            If Everett McKeown can represent me I am excited to begin a new day. I’ll have to email and or call him & request a consultation for his services & nix the referral request.
            As for the shirts, sir, I’ll happily take whatever you have….

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