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With the advent of my VA accreditation and acceptance to the Court of Appeals for Veterans Claims, it is no longer possible for me to offer advice off -the-cuff. I currently offer counseling which can be scheduled.
Gordon A. Graham, VA #39029 POA Code E1P
14910 125th St. NW
Gig Harbor WA 98329
(253) 313-5377 M-F 0800-1630 Hrs Pacific Daylight Time
asknod
brewerkelli
cspencer02
jamesaurora
kcraveiro
Laura
Veterans Claims Help 
Sir, I don’t know if your able to take on my appeals at short notice. The DAVA, Board of Veteran’s Appeal, WA,DC has remanded, going on 10 years back to this AOJ, problematic since I haven’t been able to get appts other than annuals. When I ask them to follow up on 2015-2016 records that indicate further studies are needed it has gone on deaf ears. My case is horrifying. Let me let you know I have Dyslexia that causes me to misinterpret information, not to mention it takes forever to read. I was given your information as I haven’t worked since 2014. I’ve written my Congressman (big mistake, did hear if I did it would be another 5 years, it has!). I currently am at 92lbs and desperate for the military doctors to fix me. I throw-up, shit on myself in public ( grocery store, humiliating) the medication that helps causes Kidney stones so I can’t take it. I had to go on SSN since I can’t work, (My TDIU keeps getting denied). That affects my income in the future since It’s early. I was enlisted (peace of shit), but my mentors were all Vietnam vets so I am old school. Served 1982-2002, Army. Again due to time restriction I understand if your not available. Thank you
So I was underway from July 3rd through the 24th. Before I left I ask my wife to transfer a small amount of money to ensure the mortgage payment would go through. She ended up transferring the money after they tried to take it so whe paid it directly online. We did not know that it would stop the automatic payment. On August 12th after we pulled back in I received a letter saying I was delinquent. I immediately called them and got things squared away but they reported the whole thing to the credit bureau. Now my credit score has dropped a whole lot. Shane Mgraw was going to help me do my rate reduction for my VA loan but now can’t due to this. I really need help/advise and my command will be in and out a lot in preparation for the upcoming deployment.
I am seeking veterans assistance in finding a rental housing Suffolk county New York I live in the Port Jefferson station New York area right now. Would like to stay relatively close by that area. Thank you for any assistance you may be able to provide
I submitted my NOD and a supplemental claim on my pre-Feb 19, 2019 decision letter from the VA back in early June 2019. I used the old forms since the website said follow the old procedure. I just received a letter from them that said I used the wrong supplemental claim for (out dated) and that I need to fill out the new form and submit it. They also did not acknowledge they received my NOD. The new supplemental form does not support or coincide with the old NOD process. So at this point not sure what to do. I appreciate any info you can provide.
Galen Rogers
I m TDIU.P&T. I have been trying yo get my va doc to fill out form 2680 for A&A. My doc refused and actually treated me like an idiot. She made me do the stupid human tricks. She took my shoes and socks off and threw them in the floor. It was 17 degrees that dy so I had to put them back on, she said if I can do that I did not need Aand A. Plus when the va found me eligible for TDIU they did not consider me for housebound or A&A. They didn’t maximize my benefits back in 2007. I have also been trying to get accredited by the va but that has been a royal pain the donkey. I don’t even want to et started with the experience I has with the VA voc rehab idiots……need some help.
Please contact me at the above email address (asknod@gmail.com)
Good afternoon sir; thank you for your service. I just purchased book and I am going to begin the read soon. I am a veteran of the US Navy (90’ to 97’) and just recently got help at a vet center (highly recommend for any veteran) for issues I’ve had for years. Ultimately I was just diagnosed with PTSD and TBI from same doctor. TBI is from a fall I took in 91 which isn’t in my SMR, however the corpsman who responded and 2 buddy’s have written letters about the fall I took (6’ To be exact). They state that I hit my face, nose and head area. I’m also told the jolt to the head From fall could have caused this. Another thing is I don’t remember sitting up after fall. I also was diagnosed with DDD in cervicle spine in 03 and have seen chiropractor since 99. I also have appeal in for migraines(15 HA days a month) and sleep apnea for 26 months now. Can the fall be the root of these issues and are letters sufficient for proof?
The letters will be adequate support as long as your buddies submit DD 214s with their letters. If it happened on board ship, it’s a good idea to make sure your and their SMRs show deployment on the same vessel. As for the medical side, I am not a doctor so it would be imprudent of me to offer advice on that. Welcome aboard.
Thank you; looks like back to the drawing board. I have 5 buddy letters from shipmates, one of them is an email, one from an other than honorable, one from the doc and another from a gentleman that is a VSO. I don’t have their 214’s. My VSO who said all lay evidence was good including the email(from experience) I am going to attempt to get the 214’s before I receive a SOC.
With this new claim I will be submitting the package will be much better than my first now that I’m educated with the VA and their antics.
I had a Vet who claimed for Hep C. He got a tattoo at DaNang @ 0dark thirty after waaaaay too much booze. The tat had too much titty showing so he had the Navy Corpsman on the ship cut it off over a six-month period and keep sewing it up. VA said no record of tattoo on SF 89 exit physical. He got his 3 Marine buds and the Navy corpsman to buddy letter him. The rater said no dice. No one could remember back that far and besides, no proof of serving on the same ship. He rounded up their 214s and they all said USS Aegis. It was also on the list of ships that touched land in RVN. Bingo-100% for HCV and DM II.
Sir grahambo, good day to you. have an ILP question, no real urgency. Have filed with ILP attempting to obtain a small tractor for a hobby that predates my illness. Saw a post sometime back that seemed to indicate that this is not possible due to the ability to drive a tractor on the road. Can you shed any light on the subject, as I said this is not a emergency by any standard,Have until Nov 2018 to file appeal. Thank you and bless you for your efforts for the fellow vets David J Murphy
contact me at asknod@gmail.com
Sir, I surely could use some help. I am the wife of a retired USArmy vet, who now had dementia. He served two tours in Viet Nam -1967-68 and 1971-72. He was in Saigon, Cam Ran Bay, Da Nang and all over, putting up communication sites. The latter tour he was an advisor. He is hearing impaired with a 20% rating, Tachycardia 10% and Tendinitis/ulnar problem of the right wrist, 10%. He suffered a stroke in 2001, (clot in the brain, which bled). He was left right side impaired with seizures. Right hip replacement in 2003 after a fall. Another fall in 2016 with broken femur. Had a plate, screws and chains put in to mend. He has developed many other problems. He was diagnosed with Parkinson’s several years ago and has had slight tenors since the early 90’s. He has Afib, stenosis and many other problems. He is now 83 years old and I am his caregiver. We have a DAV VSO out of Montgomery Al, however I don’t seem to understand or find the help I need. My husband worked on his claims for years and did not get very far, with many rejections. Now I have taken up the mantle, as he can no longer understand how to do any of this. As the full time caregiver I have so little time to sit at the computer with 4 boxes of files and concentrate on what my next step should be. Do you think you could give me some advice? I would appreciate this very much.
Mrs. Erwin,
I would be happy to discuss this matter. At this time I am inundated with work but I can certainly take some time to consult with you and aim you in the right direction. Please contact me via my email address located in the “Contact” widget at the top of the page in the black area.
I am a black vet from benton ms country .65age now .not any bad record .man of God .civil rights person. For vets for all people rights .i got in army l4 l5 low back spine .put in for my va money .1975 .jks ms nov.won case many times .at the bva washington dc .by what they sect then wrote .and what they judge s wrote two times and there attys and mandated .then at cout of vets appeals won under judge hollway same court judge green black judge i talk to him at his cout about the mess on phone and sent proof .he rule in my favor and mandated it .the court atty jack lane jr wrote a brief letter sent to me to this same address said i have won to by evidence and u nder e a ja federal law to .a atty from ohio from ohio contact me he got in the case name micheal j mooney .i won with him in the case .same court .the bva va trusury dept paid that atty 5 000 .480.00 .cause i had won again with the atty. U nder e a ja federal law .a judge at the same court got in the case name judge moorman .work under the chief judge and lied like a big fat dog and said i had not won any thing sir .all of them rooted back and for 30 ys still lieing want pay .now last week va watch dog jim strickland text me .then for frist time Dept of vet affairs claim intake center from janvesville wi .sent me a two page letter saying they got what they need .but still want pay .last night i text the sect of vet affairs at home that was sect of vet affairs under obama staff .sent him all of the proof .he text me back gave a lady name. Work at sect of vet affairs under mr trump .i sent her all of the proof .now she want text are talk this her name and gmail ther under trump Debibevins@va.gov rev Dolphus Collins civil rights person for vets and all people
My fiancee had a stroke/service connected from stage II hypertension. It left him blind. Was in hospital almost two months. While in hospital it was recommended to replace tub for shower as recommended by OT, PT and Dr. Case Manager at hospital said shower is replaced first then Reimbursed. I have found out post installed shower not so. Is there anyway to appeal to get reimbursement?
Yes. You would file a Notice of Disagreement (NOD) with the VA and seek remuneration. The blindness allows you service connection at the SMC L level for blindness. You should apply for the SAH grant for the tub. They should have told you this when it occurred but that’s VA for you.
I got new phone, lost all phone # bank exc.iv had Lisaclaire1981@gmail.com since 2015r longer, had set up where it saved password s & just pressed the red M to sighn in forgot password keep getting #s to enter last one was 679705 please help me this is making life very difficult. I simply forgot password my phone# 19125082501
Father was active duty from 1976-1979 went to Fort Dix for basic training then traveled to Wahwia, HI as well as Busan, Korea. While in Hawaii my father worked in the warehouse. 1980-1981 my father sought medical attention after completing his contract with the usarmy because he wasn’t feeling well, ended up finding out that he had lymphomblatic lymphoma stage 4 and passed in December 1983.. I have been trying to do some research to see if his death was service connected. VA denied his claim in 1983 before it was concluded he passed.
You would be free to obtain all his records at the NPRC in St. Louis. MO. if you desired. As for whether it was service connected, that is moot now. Your mother would have had to assume his place in the claim. The law states that a claim is a request (written) for benefits. Absent any appeal or attempt to assume the claimant status, the claim died. Likewise, you have no standing yourself to file as an offspring. Your mother has standing and could “reopen” a claim for benefits with new and material evidence since a claim had been filed prior to his demise in 1983.
Your statement about the young ladies ability to file a claim based on her fathers disabilities being mute because her mother didn’t continue the chain.
What if her mother died before the father ?
Dave Hamilton
Udorn 1961
Only the spouse has standing unless the dependent has a recognized AO disease. As of the present, only Spina Bifida is recognized. If Lisa doesn’t suffer that, she has no standing. Had her father remarried for over a year after the death of her mother (before 1983) that new spouse would have standing to file, though.
Now im 63 years old and im a disabled vet. My last kid is 15, he stay with me and also disabled. The umc hospital messed up two surgeries on him and get paid a dime. The city police made me messed up my last car. For over 30 years the va and bva been messing over my case. Every time i when the case the va and bva will root back. They even pay a private lawyer on last end of the game from Ohio name Michael j mooney 5,480 and still want pay me or the kids. Every time you turn around what makes things so bad me and my son on a fix income, social security messing with us trying to cut of the lil check we is getting dolphuscollins Jackson ms x veteran and civil right person for all people rights. (fight of a veteran is the name of my video on YouTube )check it out I NEED A ATTORNEY TO FILE A WRIT MANDAMUS AGAINST THE VA
P.s.this is dolphus collins again jks ms from benton ms country .black xarmy man e2 rank stay now jks ms 63 age no bad record no drugs no drunk love god .love people .civil rights for vets and people .two all people on facebook and people that love god and love all people and my friends onfacebook ..look up dolphus collins on facebook. And cha 16 teen and cnn news report onfacebook about my self and the va bva .help me help vets .help me keep the va bva in the spot light .this could be you are your wife kids are people .thanks dolphus collins news 16 teen cnn news va story on facebook thanks share it
Mr Collins, I talked with Mr. Mooney, your former attorney. He indicated he received the money you mention as EAJA fees for representing you before the VA twenty years ago. You never followed through with him to pursue your claims. Perhaps you need to try again. I’m sure if there is a story here, an attorney would pick it up in a heartbeat. As I mentioned in my email, I am unable to help currently due to my caseload.
Ive been on appeal since nov 2007,,and now on second remand at amc,,one of my claims on appeal is mental health,,,on aug 9 ,2014 per a cp exam is was granted a 50 pc scd,,however,,this never got processed as an award nor did i know about it until getting a decision letter this past june 22 2016,,which it does state this grant,,,but it appears the amc did not like this cp exam opinion as they scheduled yet another exam in may 2016 of which on that cp the dr granted yet again scd but at only 30 ( a different dr)—is this legal??? Why wasnt my granted 50pc put on record and added to my scd,,had i have known and gotten this 50 pc it would have been effective as was the 30,, (1 1/2 years later to be effective on the originol date of my claim in nov,,2007—what they did appears to be dr shopping and illegal—i would have qualified with that scd of 50 added to other scd i have for tdiu as far back as march 2009—instead the amc granted me 30pc from that may 2016 exam and gave me tdiu only from aug 2014. Something is wrong here?????
Boy howdy is something wrong. You need an attorney pronto. Who are you using for legal help? DAVleaglezoom.com?
email me at asknod@gmail.com. Any rating legally awarded cannot be reduced after five years. If it is it requires notice and 60 days to stay the reduction. If you’re doing this your self pro se, it’s time to call in the first string before you get hurt permanently. These things are like a hand grenade. There is no 1004.
Thank you sir and I sure hope so. You’re correct I don’t know the VA like you do. Just so many opinions about my case.
Win or Die, son. Go out in a blaze of glory. You always win. It’s not like growing corn in ninety days though. Think tree time.I began in 1989 and there’s still one mistake from back in 94 they haven’t fixed. Best of luck.
a sends
What now?! Asknod, I just received a letter in the mail from the VA which states “We asked you to furnish details regarding the stressful event(s) that caused your post traumatic stress disorder. The response we received does not meet the minimum level of detail needed for VA to seek assistance from the U.S. Army and Joint Service Records Research Center (JSRRC). JSRRC assists VA in verifying veteran’s claimed stressful incidents when VA cannot verify the stressful incident based on records from the service department or when VA cannot obtain the necessary records from the service department…
What in the world just happened?
Sorry for the confusion, this letter came from another issue. I actually just recently re-opened a claim which included one for PTSD that is in remand at RO. When I called the RO, they said they weren’t the one’s that sent that letter and that it must’ve come from another office. Actually it came from the Evidence Intake Center in Newnan, GA. I actually spoke with someone in my RO who was working on my claim. I know this because he called me about the claim after I had contacted my Congressional representative. He said that my stressor event seemed weak to him because it wasn’t specific enough. After some research I provided him another more detailed statement today through ebenfits, which he verified that he had. Sorry for the confusion on the last post.
Ditto and worse. Here’s what they sent me:
“Our letter dated <date> asked you to furnish details regarding the stressful event(s) that caused your post traumatic stress disorder. The response we received does not meet the minimum level of detail needed for VA to seek assistance from the U.S. Army and Joint Services Records Research Center (JSRRC). JSRRC assists VA in verifying veteran’s claimed stressful incidents when VA cannot verify the stressful incident based on records from the service department or when VA cannot obtain the necessary records from the service department.
It is important that you provide us with more specific details concerning your stressful event(s). Failure to respond or failure to provide a complete response to this request may result in a denial of your claim. Specifically, we still need:
*<insert information>.”
Since I didn’t get it in the mail, and they don’t have a sent date or any idea what they need me to provide – how am I to get it for them?
Fill out a VA form 21-0781 report of Stressor. You have to be anally correct on where and when the stressor occurred. It would be best to research it on the internet to get the date within sixty days for the JSCRURR to research it. The outfit ( 1973rd Comm. Sq. or USS Vincennes ) the AO (I Corps central highlands). You get the idea. You can’t just say “I think it was around Christmas of 67 but it could have been 1968”.
Thanks a lot for the quick response Asknod. I hope you are right about their potential decision. At present I feel unemployable and will ultimately try for TDIU T&P. It’s been 4 long years. I was denied in 2010 for the same situation & didn’t appeal. Reopened claim in 2012 and here we are.
Never never never fail to appeal a claim.
Hello Asknod, I read your book and it was very informative. It kinda makes this process seem not so hopeless. Anyway, I had a question regarding my claim and what you feel the potential outcome could be…
By the way, this claim was remanded by the BVA for further development. Does that matter?
Here what the judge said: REMAND
The Board finds that further development of the record is needed for proper consideration of the issue on appeal. The appellant asserts that during his training at Camp Lejeune, he was exposed to contaminated drinking water, and contends that his claimed psychiatric disability is related to such exposure…
VA Compensation and Pension Service Training Letter 11-03 indicates that persons residing or working at the U.S. Marine Corps Base at Camp Lejeune from the mid-1950s to 1987 were potentially exposed to drinking water contaminated with volatile organic compounds (VOCs), incloding benzene, Vinyl Chloride, trichloroethylene (TCE) or tetrachloroethylene (perchloroethylene, or PCE). The Letter also provides that service connection for a disability caused by contaminated water at Camp Lejeune requires evidence of a current disease, evidence of service at Camp Lejeune during the period of contamination, and a medical nexus between the two, justified with a rational scientific explanation.
The appellant’s service records confirm that on ACDTRA he was stationed at Camp Lejeune (falling within the range of subjects identified as potentially exposed to VOCs during such service. His VA treatment records show that he has a history of depression and has received VA treatment for such disability.
The appellant has not been afforded a VA examination in connection with this claim. Given the circumstances outlined above, the Board finds that the low threshold standard for determining when VA is obligated to provide an examination (under McLendon v. Nicholas, 20 Vet. App. 79, 81 (2006)), is met and that a remanded for an examination to secure an advisory medical opinion in this matter is necessary…
I finally received a hard copy of my recent C&P exam. I had to travel to the actual VAMC in DC to retrieve it even though I submitted a paper request about a month ago. Anyway, here are the results… Please tell me what you think my chances of receiving a favorable rating are. My claim was remanded back to the VARO by the BVA for further development and a C&P exam. Here are the results…
ICD code: 309.28 (F43.23)
Mental Disorder: Adjustment Disorder with Mixed Anxiety and Depressed Mood
Under #3 Occupational and social impairment
[X] Occupational and social impairment with reduced reliability and productivity is checked
For VA rating purposes, check all symptoms that apply to the Veteran’s diagnosis:
[X] Depressed mood
[X] Anxiety
[X] Suspiciousness
[X] Chronic sleep impairment
[X] Mild memory loss, such as forgetting names, directions or recent events
[X] Impaired judgement
[X] Disturbances of motivation and mood
[X] Difficulty in establishing and maintaining work and social relationships
[X} Difficulty in adapting to stressful circumstances including work or a work like setting
[X] Impaired impulse control such as unprovoked irritability with periods of violence
Remarks: The diagnosis obtained was based on the criteria contained in the Diagnostic and Statistical Manual of Mental Disorders -5 (DSM-5)
TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR DIRECT SERVICE CONNECTION ]
a. The condition claimed was at least as likely as not (50% or greater probability) incurred in or caused by the claimed in-service injury, event or illness.
b. Based on this examination and veteran’s current symptoms described in the examination report, the veteran meets diagnostic criteria for Adjustment Disorder with Mixed Anxiety and Depressed Mood (with alcohol use) as outlined in the Diagnostic and Statistical Manual of Mental Disorders 5 (DSM-5). Therefore, the current diagnosis is at least as likely as not related to the veteran’s fear of being deployed to the Gulf War during his Active Reserve Duty Training in 1990.
During my C&P exam, my main point of contention was that I suffered Neurobehavioral effects from consuming contaminated drinking water while at stationed at Camp Lejeune, NC back in 1986. I did mention to the doctor that back in 1990 During the Gulf War and while attached to an IRR unit, I feared that I would be deployed to fight in Afghanistan. However, this point was secondary to the Lejeune issue. Here is what she wrote…
“Veteran also reported that he was stationed at Camp Lejeune in 1986 for training. A correspondence statement in the veteran’s medical records indicate that he was stationed in the Warehouse Unit (3051) for training (ACDUTRA). As a result, he reported that he qualified for the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012. Veteran reported that he suffers from Neurobehavioral Effects.” Veterans mental health symptoms started approximately nine years after he was stationed at Camp Lejeune. While medical records indicate treatment for a mental disorder, no evidence is provided supporting a causal link between the veteran’s mental disorder and exposure to contaminated water while stationed at Camp Lejeune in 1986. Veteran’s medical records have been reviewed and an opinion cannot be rendered without resorting to speculation regarding whether the veteran’s mental health symptoms are related to being stationed at Camp Lejeune in 1986.
Your opinion in this matter would greatly be appreciated.
Here’s the full meal deal, Kevin. If you read my book, you absorbed the most important aspect-the need for a nexus or Independent Medical Opinion (IMO). The key word is “independent”-as in “not authored by a VA doctor”. Perhaps more on point, your own doctor/psychiatrist/psychologist’s positive opinion on the correlation between the neurobehavioral effects and the contaminated water is what you need. It has to be extremely well-reasoned, too. Read above in the Widgets (black area below the medal) about the Nexus Bible.Now read what Dr. Feelgood wrote:
“While medical records indicate treatment for a mental disorder, no evidence is provided supporting a causal link between the veteran’s mental disorder and exposure to contaminated water while stationed at Camp Lejeune in 1986.”
In VAspeak, that’s Uluz@va.gov. I suppose the good news is they are going to service connect you for the Anxiety disorder and you’ll get a 30%, 50% or 70% rating for it. VA generally low balls you so expect a 30% to start out. File the appeal and get moving up to 50% etc.
Best of luck
Alex
Just wondering what gave you the impression ” I suppose the good news is they are going to service connect you for the Anxiety disorder and you’ll get a 30%, 50% or 70% rating for it. VA generally low balls you so expect a 30% to start out. File the appeal and get moving up to 50% etc.”
Thanks
Therefore, the current diagnosis is at least as likely as not related to the veteran’s fear of being deployed to the Gulf War during his Active Reserve Duty Training in 1990.
At least as likely as not is a positive nexus, Kevin. You won. They’ll remand it back to your RO for a C&P and a rating.
I really appreciate your input. However, I posted this same scenario on other sites like Hadit.com and am getting very mixed responses. Some say congrats and some say no way. In fact, here is a quote from one of them… By the way I am not questioning your expertise, just wondering. This is my first real bit of satisfaction that I’ve received from the VA (the elusive C&P exam), so I am obsessing over it. Here’s the quote…
“I respectfully disagree with any chance of service connection at this point.
Unless your SMrs were thoroughly reviewed by the examiner and the PTSD diagnosis had more rationale to it ,as within those STRs,and maybe there is more to the exam results that are not posted here..
In June I replied to your other topic with the Camp LeJuene presumptives
http://community.hadit.com/topic/67266-camp-lejeune-horror-story/
and the fact that illnesses not on this presumptive list will need a strong medical nexus.
You will need an IMO/IME (Independent Medical Opinion/Exam) that has a full medical rationale that your MH issues are solely due to the contaminated water at Camp LeJuene, with no other etiology.The IMO/IME criteria is here at hadit and needs to be followed to the letter.
I am baffled by the examiner’s logic as to PTSD.
When PTSD is diagnosed after July 2010 (the new PTSD regs came out then) they are applied to post 2010 claims and if there is any reason to consider other causation for PTSD , then the claim is developed further on that level.
This BVA case reveals the 2010 PTSD criteria. I have posted that regulation here many times and need to re post it, it is hard to find. Basically this is it:
http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp00/files2/0010597.txt
“Fear of hostile military or terrorist activity” means that a Veteran experienced, witnessed, or was confronted with an event or circumstance that involved actual or threatened death or serious injury, or a threat to the physical integrity of the Veteran or others, such as exposure to an improvised explosive device; vehicle-imbedded explosive device; incoming artillery, rocket, or mortar fire; grenade; small arms fire, including suspected sniper fire; or attack upon friendly military aircraft, and the Veteran’s response to the event or circumstance involved a psychological or psycho-physiological state of fear, helplessness, or horror. Id.
/ The Veteran’s lay testimony may establish the occurrence of the claimed in-service stressor where the stressor claimed by the Veteran is related to the Veteran’s fear of hostile military or terrorist activity, the claimed stressor is consistent with the places, types, and circumstances of the Veteran’s service, and a VA psychiatrist or psychologist, or one with whom VA has contracted, confirms that the claimed stressor is adequate to support a diagnosis of PTSD and the Veteran’s symptoms are related to the claimed stressor, as long as there is no clear and convincing evidence to the contrary. 38 C.F.R. § 3.304(f)(3).”
I think the C & P doctor focused on ‘fear of’ in these regulations but never read the rest of the regulation.
But again maybe there was something in your SMRs that supports her diagnosis and opinion regarding ‘fear of’ deployment.”
Hence my confusion!
The good news it that yesterday my personal psychiatrist has agreed to provide the IMO needed to include in my file and said it will be ready next week. I have given him medical records, articles and the VA training letter 11-03 regarding Lejeune which talking about the nexus letter.
The written assessment that concurs with the dx of bent brain is there twice. . If that DBQ was filled out by a VA ordered C&P, and for argument’s sake, it was conducted by a QTC doctor, then yes. You won just on bent brain. Now arguendo, any further disability of a neuropsychiatric etiology, even if chemically induced, is precluded from further remuneration under 4.14. Watch. You don’t know VA like I do.
How come my comments aren’t showing up when I post?
Looks like they are arriving 5X5, sir. In order to “contact me”, you use the above email address. On the other hand, if you wish to comment on an individual blog I have written, look underneath the blog for the words “Leave a Comment”. If you left click on that, it will allow you to comment on a specific posting and ask for insight or leave some for others. After doing so, click on the “Post Comment” button to the lower right.
Yea I did that asknod and when I clicked on posting the comment it would be gone even when I refreshed the page. Anyhow, I’ll just shutup and read and LOL right here! Sorry!!
Not the sharpest knife in the drawer… Read the above after I sent an email. Question:
I have a NOD working. The original denial listed a lot of evidence, but it omitted and did not refer to an older C&P exam. Can the DRO introduce evidence in the SOC that the Rating Officer did not refer to as evidence or use in the original decision?
Gary
Never ever expect VA DROs, or even their janitors for that matter, to step up to the plate. The M-21 computer rarely coughs up any extra entitlements and DROs are notorious for top sheeting a c-file. The interesting new feature with VBMS digital entry is that you can “resubmit” the c&p and point to it to draw their attention to it now rather than at the BVA or the CAVC. The idea is make your c-file a target rich environment for a win. You can seed it with the stuff that will help you win if it’s labeled Exhibit ________ You can write ‘duplicate’ copy on the bottom but refer to it on the NOD or F-9 as the pertinent evidence showing entitlement date. They will go look for their copy of that and then a little light bulb comes on over their heads (figuratively speaking). Make it happen locally. The BVA is horribly constipated currently.
New here have question. I have current 40% SC Rating for HepC & Cirrhosis. Am considering treatment have appt. at Portland VAMC liver clinic. If I am cured do I or can I lose SC rating?
Certain things you cannot lose. You cannot lose your cirrhosis. Your liver may heal somewhat but you will never be whole. As such, your ratings may stabilize as the ever-increasing liver damage will cease. VA will take into account the remission/cure only if it occurs at a VAMC and is in their medical records. If you are seeing private doctors, VA will never find out. By law, you are not required to keep them up to speed on it unless asked during a claim for increase. If they ask for records, you are legally obligated to provide them. Ergo, no file for increase = no decrease. At about 19 years and 8 months VA will reel you in to determine if you are better/worse and attempt a reduction. This is because if you hit 20 years with no check up under the hood. your rating is protected forever against reduction. VA hates that when that happens.
I have an appeal that was Remanded due to an “incomplete factual record”. Here’s the run down In 2007 I was being medically discharged from the Army, while talking to one of the outgoing medical physicians I stated that I had sleep disturbances which caused me to wake up and roll to my side to be able to sleep. I also stated that I had chronic loud snoring. These conditions had their onset while deployed to Iraq in 2003. The physician didn’t bother ordering a sleep study. 1 yr 8 months after my discharge from the Army I went to a Dr at the local VA clinic and told them about my trouble waking up at night gasping for air. This time the Dr cared enough to schedule a sleep study. During the pre examination the sleep study researchers noted I weighed 207 PDS and stood 6 3″. This was March 2009 . During my examination for compensation the VA examiner reported that my sleep apnea was due to weight gain since I weighed 242 by this time however she discounted the fact that I only weighed 207 during the sleep study and that was one pound less then her noted weight gain period 208 to 242 since March 2008. The BVA remanded the appeal ordering the RO to address the weight issues and the fact that I made statements concerning airway problems prior to separation. How likely is this to come out in my favor? How long of a wait am I looking at? Date of Remand September 25 2014.
Erectile dysfunction can be caused by sleep apnea. If you have it, you should add it to your claim.
Sources:
https://www.sleepapnea.com/blog/post/76798620498/is-sleep-apnea-affecting-your-sex-life
https://sleepfoundation.org/sleep-news/possible-link-between-sleep-apnea-and-erectile-dysfunction
Any disease or injury you suffer in the military is compensable. One important consideration is that you will have to defend it if it is not in your STRs. Simply claiming ED is not money in the bank. You must still get a doctor to say this. Few will as it is still a new theory unheard of by most. Hell, if you didn’t complain or get it into your records that you had sleep apnea in the service, you’ll have a hard time prevailing.
I was told that I won a sweepstakes fromthe wounded soldier charity of seven hundred and fifty thousand dollars.I donated to the charity.they want 1500 dollars to deliver it to me.they say for insurance reasons.it’s gone to American family awards.can you please tell me if this is a scam?I would appreciate a email back.thank you so much or you can text me at 209-352-5725.my name is Linda I would prefer a text I’m not good at e-mails and again thank u so much two let me know what this is.if it is true or a scam.
Scam
I already got a copy of your e-book through Amazon. I was able to find it because I had the title
from your blog, but I noticed it is impossible to find it at Amazon if you only use the search option
“veterans benefits, claims……..etc. Perhaps is your intention, but if its not, it would be nice for other Vets to have an option of reading it when they have not visited your blog. Veterans benefits for example pops up 5 pages, and no signs of AskNod.
Take care.
asknod.org
I, a Vietnam combat vet, filed a claim for service connection for hcv have recently received denial of claim without having had the opportunity of submitting a statement in support of claim & evidence. Vso has been totally uninterested in assisting me with my claim. I understand this vso has power of attorney once I signed the initial claim forms in their office. How do I revoke this power of attorney -is there a form I need to sign? I would appreciate any help with keeping my claim active. I have along with my spouse spent much time reading the invaluable info on your sie. I have written my
Mr. McLean we stand ready to help you win this. To revoke your power of Attorney, simply go down to the VSO’s office with a written letter that says I hereby revoke my POA I signed with you on XX/XX/XXXX. Then file a Notice of disagreement with the denial. If you would, contact me at asknod@gmail.com and I will give you the particulars on how to do all this. You can win it. Your VSO is just dogging it. That’s what most of them do.
a
Does anyone know how many months are in “several months” ? Here is one example:
“disability rating is
assigned for migraines with characteristic prostrating
attacks averaging one in two months over the last several
months.”
Several is defined as two or more but not many. I always take it to mean three to four-five max but I believe VA considers it as three. Why they need to obfuscate is beyond me.
Thanks for the input. Can we also be willfully ambiguous when playing at their stadium?
White-box cryptography is adversary…..
Guys & Gals,
I am in need of a few good answers…. My VSO is VERY sick and has turned over his caseload to another guy. Should I “stand fast” or move on and get another VSO???? Next question….. My original dx hasn’t been completely ruled out, but the NEW one is COMPLETELY different from the original, should I file a new claim OR keep the old one and ADD the new dx to the old one????
You never abandon a claim. If your diagnosis for one illness is suddenly changed, you are not to blame. You are not a doctor ergo you are not capable of making the correct diagnosis. If you refile, you lose your original filing date. Stick with the original diagnosis and claim and let VA correct it. The intentions were in good faith, thus the claim, regardless of the diagnosis, is valid. As for a Veterans Service Officer, why don’t you do it yourself. Your odds are just as good and this website can guide you along. This way you can keep your VSO and wait for his health to return. It’s difficult to say where your claim is (what stage) from the info provided.
Thanks for the “heads up”…. My original claim was DENIED!!!! So, should I file a NOD???? My VSO is dying. So if ya’ll are willin’ to help, I’m willin’ to accept….
We help you do it. It’s a DIY site but we provide the expertise. We’d be happy to advise you but are not responsible for the outcome. We currently have a 55-2 record. Email your information to asknod@gmail.com.
I was told by a few different folks that since I’ve been out of the system so long, either “it would either too difficult OR impossible to make a good claim for SCD” or one dude told me I wouldn’t be to make a NSC disability claim b/c of my situation….
VA has tall walls but none so high we cannot scale. If your illness involves HCV or a similar virus, we are very successful. If it is an Agent Orange claim, ditto. Some come to us with ingrown toenails and hemorrhoids. We specialize in life-threatening diseases and injuries but try to offer advice on all ailments. VSOs specialize in filing paperwork. Email me at asknod@gmail.com if you are interested.
victim 77 here, update, filed for hcv & depression as secondary- 7 yrs later won service connected for hcv @ cava, granted 20% for hcv iii fibrosis? no mention of depression, later founded out I needed to file a separate claim for depression as secondary to hcv. lesson learned if you win your hcv claim, promptly prepare your list of reasons for not being able to work full time, if not be prepared for low-ball rating, and then you must file nod, more time to pass. these are things I did not know, there must be a va paper trail to follow, without a atty this is a learning experience equal to none, it is best to tackle hcv claims without emotions, think remember the old show Dragnet- (just the facts ma’am) more to come
I have a question about labs done by the VA. In May I had some blood work done at the local VA Clinic. These labs are important because I have a dx. of Non-Hodgkin’s Lymphoma. The labs came back indicating that my cancer was back. The Hematologist/oncologist scheduled a c-scan that came back negative. She informed me that my cancer was still in remission. I had nothing further to do with her., please f/u with your primary doctor. The next lab work came back perfect. The primary doctor said the labs drawn in May were wrong. I would have accepted that except when I look back over the last two years, my labs have been slowly creeping up….not to mention I am fatique alot, night sweats are severe, etc. No one seems to have the answer. Finally when my feet started swelling, I was scheduled to have a echocardiogram…that was a joke. It came back saying things like…”Unable to see”. It was’nt definite about anything. It’s as though someone is covering their A__. So here I am again. I noticed now they are writing Chronic Kidney Disease on my Chart. The VA/ PCP refused to write any nexus letters to help my claim, starting they were told not to. Do you think I should go outside of the VA and get another doctor to check me over? Doug
Doug
Please in all seriousness go out and get a real doctor to look at you. VA has no interest in taking care of you unless you are about 40% for all the things that you are NOT service connected for. They sat and watched me balloon into Octomom for 8 days and continued to tell my wife I was just “swelling” a bit from the surgery. When the staples started ripping out, she informed them “we” were leaving and to disconnect me from the IVs. That brought a response. The next doctor in the door ordered surgery STAT. VA teaches its doctors to only focus on what you complain about. Until gangrene sets in, a minor laceration is just that-minor.
In VAland, everything is speculative until the autopsy. Then it will be clinically proven that whatever you died of was not service connected.
The same applies for C&P exams. Doctors in 1990 could see the impending Crohn’s disease building up but I was there for a back exam-ergo the back was analyzed and I was not apprised of the intestinal problems until I keeled over 5 years later.
Thank you, I will do just that.
As a patient under any doctors care you have a right to your doctor’s opinion about any particular issue concerning your health.. Without mention of comp n pen claims, submit your Questions pertaining to what ever it is you might suspect in writing to your doctor .
That response should suffice as an answer to what may or may not be true in your case.
Allow about a week or so after getting the written request to your doctor and then request her notes from the R O I department. An outside of V A medical opinion might prove helpful. You have options
Always remember, VA doctors are instructed not to opine on causality. They can only write about your current condition. Some doctors who are merely affiliated with a VAMC are free to do this, however, to make it work, you have to submit your contemporary Service medical records to them to review. If you don’t, VA will say their doctor’s nexus is more probative than your doctor’s uninformed speculation. Then you’ll get the denial notice.
I know this is an old post but anybody with Non Hodgkins Lymphoma should be tested for hepatitis C. because both are associated.
Did many of you know that liver disease will remain silent for years on regular blood liver panel test? My non-alcoholic liver disease was not discovered until they did a ultrasound. The other doctors blew it off as normal and said to me over 50 percent of American’s seniors had ongoing liver disease with ascites without knowing or asking of my chemical exposures. I would not have known had I not demanded a copy of the lab reports. Well if it is non-alcoholic it certainly must be related to hazmat exposures or diabetes (fatty liver disease). How about 2-4D, trichloroethylene, perichloroethylene, benzene, and vinyl chloride (Agent Orange and cleaning solvents) exposures. Please include your OSHA hazmat sheets with your claims with for those conditions identified within those documents if you were exposed? I’m signing off soon now I have pretty much won my 100 percent compensable, VAOIG has not knocked on my door to arrest me and I did not ask for a penny other than ask the secretary and my senator for assistance in resolving my allegations and claims against the VARO.
20% for hcv with stage iii fibrosis’ (daily fatigue) 0% for depression, further evidence the battle for service connection was won, but the compensation battle was lost, the fight is not over, now I must hire a attorney.
That’s why we say Win Or Die. VA makes this a lifetime occupation. Hopefully yours won’t drag out to 20 years like mine did. When they get around to rating me, it’ll be so old it’ll be a protected rating they can never take away!
hello my fellow hvc vets, just hoping someone knows the compensation rate currently for hcv/ii/fibrosis? 20%, 30%, 40%, help currently awaiting rating decision, this is worst than the seven year wait.
thank you for your support
Are you already receiving VA Compensation for your disease? If not and you will will most likely receive the lowest rating back from the VA.
you were very helpful, you the time to reply. and I thank you,
thank you for your support
You, the user, input the name, not me. I see where you listed it as Darryl to begin with. I can go in and change it though.
my victim77, victim 88 somehow I no longer have access to my username? I would like to have my victim 77 username back, this was the year I entered navy, I’ve moved and had to use victim 88. do you have knowledge of timeframe for compensation after bva ruled in favor and returned the file to ro for compensation? my service records revealed head, neck & back injuries, currently at 30% for head, would my neck & back claim that was pending via my hcv case be a reason for further delay in obtaining my funds? I mailed in a copy of my ssi / court case which granted me 100% disable, due to hcv & multiple health issues military related, just in case the ro was going to request it from ssi/admin, to prove tdiu, unemployed since 2004.
thank you for your support
To victim 77″
I have pictures of Great Lakes 1952 (they used syringes). 1969, 1974, 1982 and 1990 all used jetguns. Let me know if you want them.
I went to great lakes boot camp, back in 1977, what type of jet injectors were being used?
Boy, that’s a dang good question. Anybody get a make and model of that as you went by? In 1977? I had my eyes closed at Lackland in 69. I’m no help.
I also said due to recent changes via bush, vets can now obtain a atty to assist in obtaining va benefits, this is very important regarding the length of time to resolve a claim. true it took me over seven yrs to win? however this was without a atty and back then we could not hire a atty. it could be feasible to hire a atty asap or after nod, or wait years for appeals & remands, at that point if the vets must pay 20% or more backpay to the now hired atty. cases involves legalities and vets must prove their cases in order to prevail. imeo is a key factor in decision making, the veteran whole life is on trial, not just military, c life, employment history, schools, police records, everything. my reason for mention attorneys is to help the veteran possible cut the wait time in half, remember it may be beneficial to hire a attorney early in the claim process. if the funds are not in your bank, you have not won.
thank you for your support
All of you have helped me so much with information for my HepC claim which is still going (4th time) I must get it right this time, getting long in the tooth. I want to hear from anyone who was stationed in Okinawa or K I Sawyer AFB in Michigan during the late 1960’s, and witnessed racial disturbances happening in those locations. The purpose is to support my VA claim for inservice injury as a result of racial conflict.
I think I see where you are going with this and it won’t fly. You might get a buddy letter from someone who can attest to racial discord at the time, but unless your evidence is specifically about you and your disease etiology, it will not be considered material. You need three things- a disease (or risk) in service; the same disease now and a nexus letter from an approved MD, PA, ARNP to connect the two. A long-winded diatribe about racial disparity including a buddy letter saying he watched you get flattened at Naha Air Base will not carry the day. Read the site. Find what you need. It’s all there. Unfortunately there is no shortcut or magic bullet. Evidence is king in this game, Nick.
James , I sure hope you send that letter off, it may wake someone up. We can hope. I look back through my wife’s Mil Med Rec. and I see a few diff signs of her contact with HCV. 2 weeks out of boot camp she went to sick call with stomach pain that was an OV cyst, they drained it with needle, and she returned to sick call a few times after that with stomach pain . She also went 3 times to sick call,for skin rash, also had IV in Hospital for facial cellulitis. 3 more times to sick call for stomach pain it says on her sepration form 93-102( yes) to following ?? swollen and painful joints, ear nose and throat trouble, Skin diseases, stomach ,liver, or gallstone all those boxes ck( yes), now what I have read that if there are any signs in first 8 weeks , that the skin rash, stomach pain, can be early signs,along with others, also, on sepaation from 93-102 it says LRQ stomach pain UNSOLVED, oh this is not to mention that she had A BUNCH of dental work done, 4 wisdom teeth pulled in boot camp, she was in basic in Apr 1981 she had liver transplant Oct 2011 just about the 30 years,she read a news paper where a young lady won her Jet Gun claim, Leigh always did wonder where she got it , so she filed for Jet Gun, but maybe it was the dental, maybe the needle sticks, but as I have been told when you go back and point this out it looks like you are just trying to get over. As of now there is no liver rejection, enzyme up to 400 range. Life is good and I pray that everyone WINS cyst,
maybe the IV in Hospital, the one thing I do know in my heart that it was in the Navy where she came into contact, what I say is she had it , they did not know , and did not treat, but I guess I’m looking at it like why can’t you the VA see it , as of now liver in not rejecting, but enzymes are up to 400,
In 1979 the VA as a agency was removed from the Pentagon and elevated to a department within the US Government with a Secretary and court of appeals on the same level as the district courts. The end results were less than satisfactory? The cost of wounded, ill and aging veterans funding was removed from the Pentagon’s cost of waging war for funding. In my opinion all that we veterans must do is keep pursuing our claims and hopefully one can prevail. As follows are some of my comments on this subject of pension and compensation claims:
1. Mr. Boenher you can save time by asking Ms. Patty Murray (D-WA) those questions instead of making manusha and sending your inquiry to some SES understudy. Unfortunately Mr. Shinseki does not have complete control of his own VA Department? He’s a political nominee and Senate confirmee the same as his deputies? He’s akin to a ship in the water without a rudder? They spent your Congressional appropriations for vets on other government follies?
2. Mr. Boehner should take note and ask the US Congress to rescind the VRJA of 1979 and fire the justices on the VA Court because they have grown to comfy contaminating veteran’s law with criminal, commercial, and personal injury awards not related to wartime and military service. The Federal District Courts could now replace this court with the the same function if this court was abolished for their indifference and malconduct towards veterans’s claims? Backlogs are generated because the fed at large refuses to pay up?
3. Mr. Secretary Shinseki it’s greater than you? The fraud imposed by your human resources and health care administratiors from bogus US OPM Merit Pay awards? It’s the prevailing atmosphere of abuse for which exists from the protection afforded by sovereign immunity and malfeasance, and outright fraud?
4. I would say since the VJRA Action of Rep. Sonny Montgomery of 1979 the VA administrators have been playing on the sympathy of the greater public for funding of the Veterans Affairs dollars and using those Congressional appropriations for other follies while allowing compensation claims to languish? It was General Douglas McArthur that marched federal troops on Camp Anacostia to disperse protesting veterans with clubs, bayonets, dogs and tear gas in the 30s. Look at who has been appointed to the judiciary at the veterans court and confirmed by the US Senate?
5. Boehner says veterans’ claims system is broken House Speaker says system for veterans’ disability claims is broken, cites ‘shameful’ failures By Lisa Cornwell, Associated Press | Associated Press: The problems are greed, jealousy and theft? It began with the first Secretary of the Agency Charles R. Forbes being jailed in Leavenworth Prison, ending recently with Prater, Parker and McGill federal convictions for fraud and theft. Aside from that I would say Mr. Geither gave or used these appropriations for the Pentagon’s folly at least to discriminate between current and past veterans? One should not send tropps to war if the VA cannot provide benefits to all veterans?
6. Thank you.
Only found out about air-gun causing hepc last year, I have been fighting since 2006 for hepc compensation. First thought it was from oral surgery in mash unit S. Korea, in 1975. I have since sent in all I can find on the subject to va. I have been denide and appealed several times. my appeal is now in DC. I do not have a NEXUS letter on my condition . I get a letter 2 days ago saying they are sending my case out for expert opinion. Is thier anyway to get a NEXUS letter by sending my records to a vet friendly doc? I only got them after my BVA hearing, they were “lost” up untill that time… I had a unknown sickness and was hospitalized with severe gastromical problem. I was treated also for several VD episodes. I understand the VA links sex with hepc infection also.
I was treated last year for my hepc with good results, no detection found so far and will be considerd cured if it stays away for 6 months.
Try contacting Dr. Cecil. Look for his name below the medal under Dr. Cecil’s website. He does HCV nexus letter for free if you have your service medical records. You can get those by following the NPRS downloads from St. Louis. Read the site. It’s all here. 33 others won by doing this way.
thanks for response to my email, but I can find no way on the site of the doctor Cecil you gave me to contact him personally.
I apologize. Try this one:
bdceci01@me.com
Mr NOD,
Hay Bro, We won my appeal, rating 20%, sent in letter of Disagreement, got back question do I want to participate in the Decision Review program ? yes or No ? What should I do?
Thanks Hepsick
The Twilight Zone is correct. HCV is not the issue nor drug abuse. We are speaking of secondary compliations with SC Type II diabetes or any legitimate claim for that matter? Whereas the regional office (insiders) ran a fraud ring for 5 years and 15 individuals including a GS-12 and the local DAV Rep were prosecuted as a result at the Louisville VARO. Have you not read about the exploits of McGill and Parker? Now factor all those claims both good and bad that went through this office and tell me VA has no obligation to case review each and every one submitted which was denied during that period? Tell me that no-one is responsible for waste, fraud and abuse up through the VA court? I do believe you about the necktie and GS-14. Federal civilans are eligible under Title 5 for up to three pay increases each fiscal year until step 5. QSI, bogus QSI, cash awards for bigger fish, merit promotions, and COLA from US OPM Merit Pay System. Check the pay out on federal employees at Asbury Press for FOIA releases.
Recall that once the Puerto Rico office was run out of the Cloumbia,S.C VARO. There was a huge fiasco there in the 80s over corruption and the same circumstances (bogus ratings based on graft and kickbacks). Everyone got a promotion and a transfer. Repair order? Why, a shiny new VARO in sunny San Juan. VA corruption knows no bounds and they are shameless. Every time the OIG catches someone with their hand in the till, the official press release is “We have taken steps to make sure this never happens again. It was merely an aberration and does not reflect the high commitment our employees have for our Veterans”.
Thank you for the insight. Just got the results from running them up the flag pole and three newly appointed Democratic justices after 8 months and 35 dockets beyond mine at the federal circuit dismissed it because they could not find a correlation of events even though I attached a prosecution sheet from the lower court along with my appeal. Appears between the clerk, VA Philadelphia lawyer, DOJ, three Democrats on the bench they calculated a denial of my case and claim so the VA money could be better used elsewhere by Mr. Geither. I did not forgive them. They forgave themselves and ignored their own corruption at each court. As they say? Win some and lose some! Here we go again just packaged under a different name. I do not plan on allowing the corruption issue to go away on pending claims. Democrats supporting other Democrats. Treasure you…
Asknod, is there such a thing as a Presumptive rating? I am just trying to understand. I know for a fact that in my inservice medical records there is a post surgical report that says I was given 7 units of blood during the surgery to repair an ulcer the size of a silver dollar which ruptured while I was doing my job, 52B20, at the motor pool in 1972. It also reports the 105* fever I spiked three days after surgery that took three days to get under control. Which is where I feel I contracted cerebral attaxia, which the VAMC in Fayetteville AR just diagnosed me with. I have the original document in my possesion.
I feel that this document has been overlooked or is not where it should be, otherwise I am sure a rating for this would have given. It is known that anyone who had a transfusion prior to 1982 is at high risk for HCV. Should I send this evidence to the BVA or will it just clog things up?
I am going to file a claim for SCC for this attaxia and see what happens then. I made my threat of going to the CVAC for a writ so lets give that a few days to see if anything happens. Thanks brother you are great for what you do here! Rob
Perhaps finding a lawyer who is willing to go the normal route and/or pro bono might be in the cards. When I needed help it was a demand for copies of everything in my C-file that moved the VA to comply and although I am sure I ticked them off I don’t care. It took six years of denials and total BS to get me mad enough to react. Never give up the fight though. Were you ever exposed to blood other than the air guns? I firmly believe that it can be spread via airguns but that is a tough nut to crack at this point in time.
I do not know how to contact you, the name of your book, or how to access pages that are denied here. Would it be wrong to file for Hep C as being “non-service related” first, and then move over to “related”, that way could at least get some financial help within a year? Or is this the exact wrong thing to do? –VVet
If you file for Hep-C as being NOT service related why would you file in the first place? Scroll through the comments and get plenty of feedback from the site. NOD will help you through the process and once you see what the VA is looking at as “risk factors” eliminate the ones that do not apply to your personal situation and go from there. If the ONLY conclusion is that your Hep was caused by air gun injection then that is a zebra of a different stripe but certainly not insurmountable. I am 57 and just beat them but I recieved the “gift” in service somewhere around 74-76. The only saving grace in my situation was that I was a medical tech in the service. I am 98% positive it was air guns but the alternative was easier for the VA to swallow in that there were needle sticks documented. Do not give up the fight and let them win, it may seem like you are lost and spinning your wheels but go through the site and we all work as a team on this site.
Tracy, I would jump into some of the HCV topics that are posted on the home page with your questions and experiences with Nod and others here. The book is on Amazon. I have the free PC Kindle app and downloaded it to my laptop for $3.99. You need to open an account with Amazon. There is a lot to learn on this active blog, the book, HCVets.com–so don’t get overwhelmed. There are no dumb questions. There is a lot of reading, thinking and responding. Sign up for email updates to stay in the learning loop.
Firsts thank you for accepting my friend request. Trisha from the vet hepatic c group told me to talk to you. I joined the army in 92 and got out in 2001. Was diagnosed in 2006 with hepatitis c the vat has denied every clam I ha e made saying there is no way I could ha e got it in the army. When I went to basic in 92 every shot I revived was from an airgun matter a fact all my vaccines where air gun while I was in and I am at a lost I also have knee problems that 2 vigilant doctors say are from time in the army and now my back and the Nero surgen belives that is service connected also
Well, all I can say is you came to the right place. I’ve had a lot of success with Vets on HCV and other diseases. I’ve finally accepted that there are others besides Vietnam Vets who I can help. That includes you. Remember, its no different getting service connected for hcv than it is for an ingrown toenail. We’ll teach you how. The site, in conjunction with my new book, has been very instrumental in teaching why you lose and what you need to win. Read about WGH’s travails on this for years. AZJENSMOM is another. she did it for 8 long years for her Marine husband. Once she figured it out, bingo. 240%. I won’t say it can teach you to win, but I guarantee it will teach you how not to lose. That’s half the battle at the VA.
They are trying to deny and close every claim by saying my hep c was not encountered in the service when it was. Why do they ask you to raise your hand and swear to any and everything there, but when you get out of there, they deny they ever saw you, unless you die. Then you are recognized.
Leigh , contacted a lawyer, he pointed out that the last C&P exam was done by and RN not Doctor, I just took for granted that it was a Doctor that was pushing and pulling, on my wife, and RN , one thing that I read may have been on this site when you walk in to C&P exam ask if the susposed Doc has read your file if not , get up and ask for another appointment, after they read your file for them to coment on what is in the file you would think that if anything Neg. that they would have to discuse the Neg. in file before they could coment on it, oh yes need spell check on this
Charles, I am not an eexpert by any stretch of the imagination but here is how I would proceed. First of all run away from the VSO’s as fast as possible. Get copies of ALL docs sent directly to you and never let them out of your sight. When responding to the VA ALWAYS send them copies and via registered mail with return receipt. Secondly I would approach AMVETS or American Legion for assistance. And lastly, NEVER, give up because that is exactly what they want us to do. Every time they turn you down send them a NOD and force them to get off their butts.
I have been trying for several years to get the va to say i got hep c while i was in service along with several others claim but with ni avail. I went to another vso a couple days ago he said it was imposible for me to get the hep c even with me being in the hospital with acute hep for 29 days while still in the milatary. Also said there was no way i could get get anything for my hearing because they gave me a whisper test when i was discarged. should i not forsee this nyfarther as ive been fighting for it since 2004 when i found out i had hep c. Just need some advice as my vso hasnt help me much at all. i also have a claim on my neck as i had a bucket of water droped on my head and also hurt my back. been denies on all claims a couple of times the hep c about 4 times. What should i do forget it or what. thank you charles crump
Randy’s advice is sound. To win, you need to suck every nugget of info out of the postings here. Start with Introduction, Tips and Tricks and study nexus letters section. Everything needed to win is here. I started with nothing, knowledge-wise, in 1994. When I tried again in 2007, I decided to figure out what it was I was missing. Duh! A nexus letter. My VSO never clued me in on it. Then he got mad when I asked about it like everyone knew except me.
Just received news today that hep c is service connected at 30% …so it’s a win. Definitely having a nexus helps and haven’t been to the BVA yet.:)
I am currently awaiting my hcv/ii/fibrosis/depression rating for compensation, is the standard hcv 30%? did you have to wait long after receiving your bva/hcv granted letter, for back pay compensation?
thank you for your support
Dottie: I would recommend you file a NOD on the latest decision ASAP. This serves two purposes 1) Gets your notification date to the VA out there and 2) If your Hep-C worsens you will have to fight another uphill battle. Recommend you go to the website, look under CFR’s and find the comp tables to see where your “DOCUMENTED” ailments place you. Just speaking from past experience. Congrats on the win and keep their heels to the fire.
Robert, you need to first discover where you encountered the disease since Hep-C does not normally present itself for 20-30 years as I understand it. You have however fell into the right spot. There is a plethora of information here to be utlized by all Vets. Please read through the blogs on the website, learn from each and by all means email directly to NOD for all of your questions. His advice runs from enlightening the novice to spittin out more rules, regs, court cases ec than a southern Baptist after church on Sunday. Welcome and good luck.
I dont know hoe the va or its examiners can base there decisions on non existing evidence when the evidence of record clearly shows they are wrong.
I went to ac&p and saw a lpn or rn not sure which but she cited cdc statistics and said it would be mere speculation and said i had a history of blood transfussion at birth and seven years old.
Well I could not find any record showing it ever happened and I even contacted the hosp I was born at but no record exist.
They denied my claim on these basis and said i did not have a iv while in service which is wrong,my smrs show it did happen. Well anyway the docs at the tampa va stated in my va medical records ” after interview with dr. b and I, we feel that the patiant likely got his hcv from injector gun use while in service” this i believe will help with a dor or appeal.
They also stated i have had it for at least 30-35 years.
They took alot of blood to do test since I went from a stage 3of 4 to a stage 0 intwo years and feel theres something in my blood thats affecting the virus. If its true and they can come up with something to help others then I would be very happy.