BETTER WATCH OUT. BETTER NOT POUT. BETTER NOT FILE ‘CAUSE I’M TELLIN’ YOU WHY

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This was in my Facebook from  Chapman AmVETS. Ugly percentages. The comments alone make me sick. Perhaps some of these enlightened people will step forward and sign up for a few years of early morning wake ups and cold chow. Cold showers and a few IEDs for lunch. Maybe go 40 hours without any sleep for a few cycles. No problem. Shake it off. If you want to file for bennies, just check your gun rights at the door when you enter -permanently.

Posted in Gulf War Issues, PTSD, vA news | Tagged , , , , , , , , , , , , , , , , , | 2 Comments

BVA–HCV FROM CAMP LEJEUNE H2O

FROM THE PARTY VARO IN

sc  NEW ORLEANS, LOUISIANA

Holy carcinogenic crap, Batman. Say it ain’t so. From the BVA archives comes this 2013 gemstone. With an attorney no less, this Vet may have a problem. Let’s recite this one more time for all the hard of hearing. HCV is caused by a v-i-r-u-s. Carcinogens cause cancer, not HCV. Carcinogens are responsible for many things in life. This is where two-headed cows and frogs come from. It is not sprayed out of military aircraft in the form of chemtrails. I know there are a lot of you out there convinced that it’s a vast right wing conspiracy being run out of a bait shop down on the Buffalo river near the Whitewater Estates that were being hawked by Bill and Hill back in the eighties.

With regard to the issue of entitlement to service connection for hepatitis C, the Board also finds that a remand is required in order to afford the Veteran a VA examination so as to determine the etiology of his hepatitis C. In this regard, VA treatment records show that the Veteran was first diagnosed with hepatitis C in June 2007. The Veteran contends that he was provided vaccinations during his active military service. At his Board hearing, the Veteran testified that these vaccinations were provided by air guns and several service members received vaccinations from the same air guns. The Veteran also testified that he shared toothbrushes and razors during his military service which may have been contaminated with hepatitis C. Additionally, he further alleges that he had dental procedures performed during service where the dentist did not use protective gloves and the equipment was not properly sanitized. Finally, in August 2012, the Veteran claimed that his hepatitis C was the result of contaminated water at Camp Lejeune, North Carolina, from January 1982 to July 1982.

Some will insist it is a government conspiracy to reduce the world population. If that were the case, they look pretty stupid. HCV is declining in America because the CDC and NIH are busy writing new rules on hygiene.  Actually, the only place where the incidence of infection by HCV is going up nationally is at VAMCs. Besides, the government can’t do anything successfully. How would they ever conceal a huge coverup? Think Benghazi. Think IRS.

Nope. The sad truth is you didn’t get it from drinking water out of “buffalo tanks” formerly used in Vietnam. You didn’t get it from C rations. You didn’t get it from Camp Lejeune water. You didn’t get it from drinking beer in Saigon. The Viet Cong did not coat their punji sticks with it. The ladies of the evening in Cholon were not pre-infected with it before we arrived in large numbers in 1965. You did not get it from Agent Orange. You got it from your blood coming in contact with the infected blood of another infected soul. Period.

Some will take the less-traveled path and claim alien abduction from their fire base on Hill 861 near Khe Sanh. No dice. An AmLeg bartender (and former Marine) tried that one. Read about the winners to see how this is done.

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The important thing to realize in all this is actually very simple. It makes no difference how you got it. If you can prove it occurred in the military by a doctor writing you a letter declaring it so, then you win, or will eventually, assuming you aren’t going the incredible routes mentioned above.cj

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IF WALLS COULD TALK

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Bob from the mosquito Capitol of the the US sends us this touching reminder of just what Our Wall doesn’t say. Perhaps I say that selfishly, but it is my touchstone for those who served with me, those I knew and lost, and a period of American history that provoked so much dissention between its citizens and soldiers. 

Bob Worley, Chuck Engle, Park Bunker-the list goes on. Some are not listed yet. History is dynamic with respect to the Vietnam Boundary Dispute. At 58, 272 souls, I doubt the last name has yet been chiseled in. I would add that the names of the fallen Air America pilots and employees who often rescued us deserve to be there too.

With that said consider this:

The names are arranged in the order in which they were taken from us by date and within each date the names are alphabetized. It is hard to believe it is 36 years since the last casualties.

The first known casualty was Richard B. Fitzgibbon, of North Weymouth , Mass. Listed by the U.S. Department of Defense as having been killed on June 8, 1956. His name is listed on the Wall with that of his son, Marine Corps Lance Cpl. Richard B. Fitzgibbon III, who was killed on Sept. 7, 1965. 

There are three sets of fathers and sons on the Wall.

39,996 on the Wall were just 22 or younger.

8,283 were just 19 years old.

The largest age group, 33,103 were 18 years old.

12 soldiers on the Wall were 17 years old.

5 soldiers on the Wall were 16 years old.

One soldier, PFC Dan Bullock was 15 years old.

997 soldiers were killed on their first day in Vietnam ..

1,448 soldiers were killed on their last scheduled day in Vietnam.

31 sets of brothers are on the Wall.

 Thirty one sets of parents lost two of their sons.

54 soldiers attended Thomas Edison High School in Philadelphia . I wonder why so many from one school.

8 Women are on the Wall. Nursing the wounded.

244 soldiers were awarded the Medal of Honor during the Vietnam War; 153 of them are on the Wall.

Beallsville , Ohio with a population of 475 lost 6 of her sons.

West Virginia had the highest casualty rate per capita in the nation. There are 711 West Virginians on the Wall.

  Thirty one sets of parents lost two of their sons.

8 Women are on the Wall. Nursing the wounded.

244 soldiers were awarded the Medal of Honor during the Vietnam War; 153 of them are on the Wall.

Beallsville , Ohio with a population of 475 lost 6 of her sons.

West Virginia had the highest casualty rate per capita in the nation. There are 711 West Virginians on the Wall.

The most casualty deaths for a single day was on January 31, 1968 ~ 245 deaths.

The most casualty deaths for a single month was May 1968 – 2,415 casualties were incurred.

For most Americans who read this they will only see the numbers that the Vietnam War created. To those of us who survived the war, and to the families of those who did not, we see the faces, we feel the pain that these numbers created. We are, until we too pass away, haunted with these numbers, because they were our friends, fathers, husbands, wives, sons and daughters. There are no noble wars, just noble warriors.

It is said that wars are noble endeavours. Most I have studied were provoked by religion or pure political avarice. Vietnam was considered a “civil war” inasmuch as it was an effort by the north to reign in the south and return it to the fold. Vietnam was the first time that America did not win the Gold medal and take first place. That would have been an acceptable outcome for many of us had we not received such shabby treatment and social opprobrium when we returned.

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BVA–§1151 CLAIM GOES UP IN SMOKE

Mikey in 2013

Mikey in 2013

Fellow member Mikey of cereal fame, has filed a §1151 claim asserting the VA gave him the bug in 1997. Makes sense. He didn’t have it then and after a few procedures that went south, he had it in 1999. Occam’s razor, right? Not so fast, hoss. Check this one out. 

VA has always insisted that if you were diagnosed, say in 2002 with HCV, then that was when you got it. Our Johnny Vet here from Jackson, Mississippi avers that he got it in a 1956 transfusion. This would hold water if-and a big if- his liver box was toasted and charcoaled on the outside and in. It isn’t. It’s medium rare.

I have constantly harped on the need for a comprehensive biopsy to show the progression of the liver towards cirrhosis. Using the Metavir Scale that shows a progression of each stage equaling 10 or so years, Johnney should be in a box somewhere six feet under or adorning someone’s mantle in the living room. Ultra sounds and all the other medical measuring devices do nothing to ascertain this beyond a doubt. Only a liver biopsy does.

Johnny undoubtedly has HCV but he needs to search for another risk factor. He’s barking up the wrong tree. What is extremely interesting about this decision is that it is the first one I’ve seen where VA has resorted to using this same metric (Stage/Grade) to deny. Usually we present Metavir scale evidence and they ignore it.Their policy is “Yo. You were discharged in 1969. The separation physical doesn’t mention HCV or any kind of gastroenterology problems. Denied.” The Vet, if he got it in that time frame, would be sporting an advanced Stage 4 unless he/she was a health nut and avoided alcohol. It’s interesting that the saw cuts both ways but at the VA, the forestroke is deny and the backstroke is, well, deny too.

Mikey’s biopsy and medical evidence is right on track for a diagnosis of infection around, hmmm, 1997. Occam’s Razor. The simplest explanation is the right one- except at the VA.

Posted in 1151 claims, BvA HCV decisions | Tagged , , , , , , , , , , , , , , , | 2 Comments

BVA–HCV FROM C-RATIONS

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In our continuing search for risk factors for HCV, we come across some novel concepts. It seems some have been plagiarizing from the same playbook. It is established fact that a chemical-2,4 D 2,4,5 T-cannot, in and of itself, create an RNA virus out of whole cloth. The DAV knows this and if they had been supervising Mr. Cigarette Vet more closely, they could have prevented him from looking like a complete moron. The North Koreans invented the concept of “Minders” to keep people on track and prevent aberrant mental conclusions. 

The Board adds that at times during the appeal period, the Veteran has also asserted that his hepatitis C disability could also be due to his presumed exposure to Agent Orange while serving in Vietnam during the Vietnam Era. See 38 C.F.R. § 3.307(a)(6)(iii) (2012). Because the Veteran’s hepatitis C is not listed among the Agent Orange-related diseases enumerated in 38 C.F.R. § 3.309(e), medical nexus may not be presumed as a matter of law. However, notwithstanding the inapplicability of the Agent Orange regulations, the Board is obligated to fully consider the Veteran’s claim. See Combee v. Brown, 34 F.3d 1039 (Fed. Cir. 1994). As such, on remand, the VA examiner should also specifically address the relationship, if any, between the Veteran’s hepatitis C disability, and his presumed exposure to Agent Orange in Vietnam.

However, this diagnosis is right out of the ball park.

The Veteran has a current diagnosis of hepatitis C, and he contends that this disability is directly related to his period of active duty service. In particular, the Veteran asserts that his hepatitis C was caused by in-service exposure to blood products, and/or from eating “C rations” out of metal cans. With respect to in-service blood exposures, the Veteran states that he was administered airgun vaccinations in each arm using needles shared by many servicemembers. He also states that he came in direct contact with other servicemembers’ blood while transporting wounded soldiers off the battlefield during his combat operations in Vietnam. See the November 2012 hearing transcript, pages 25 and 26. At this time, for the purposes of this appeal, the Board finds no reason to doubt that the Veteran indeed ate C rations from metal cans in service, or was exposed to blood products in the ways he so describes. Notably, the Veteran also has a history of intravenous (IV) drug use. Although the Veteran indicated at the November 2012 hearing that he only shared needles on one occasion in March 1971, the Veteran’s ongoing treatment records document more recent instances of IV drug use and needle sharing. Indeed, an August 5, 1988 VA Progress Note indicates that, at the time, the Veteran had been injecting cocaine intravenously daily, and that he admitted to sharing a needle with someone about one year prior. A subsequent VA substance abuse treatment program (SATP) note dated October 12, 2005 identified the Veteran’s history of drug use dating back to 1972, when he would “IV cocaine and heroin while in Viet Nam.” The report indicated that the Veteran quit heroin but continued to use cocaine when he separated from service, and stopped IV use after fifteen years.

It also appears he was exposed to other servicemember’s blood while sharing syringes for IVDU. Giving the benefit of the doubt to the Veteran, Acting Veterans Law Judge S. Heneks will remand the claim for HCV back to the VARO for more development. I hate drugs. They make you forget what you said about drugs in prior discussions.

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VA–BOLDLY GOING NOWHERE AGAIN

A military officer attends the 'Hiring Our Heroes' job fair in New York

Member Shawn- the pants in Law Bob Squarepants, sends us this typical over-evaluation of a VA problem. The repair order? Why, mo’ money honey. Surely Assistant Secretary for Human Resources and Administration Rafael Torres has some buddies somewhere who have idle telephone boiler room operators looking for employment. What better way to piss away another $4.4 million on a boondoggle? What? Nobody calling? Maybe they can’t get through. Repair order? Why, double down with 24-hour-a-day call centers and more of them! 

Meanwhile back at the  Independent Living Ranch we’re all finding that we are incredibly independent in our everyday living activities and happy as clams in our manually operated wheelchairs. No flies on us, baby. Just give us a Swiss Army knife and a block of wood to carve toothpicks out of. Pro Noblem (Latin motto of rehabilitated ILPers).

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NEW CLASS OF BRITISH DESTROYERS LAUNCHED

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HMS Prudence

The Royal Navy is proud to announce its new fleet of Type 45 destroyers. Having initially named the first two ships HMS Daring and HMS Dauntless, the Naming Committee has, after intensive pressure from Brussels, renamed them HMS Cautious and HMS Prudence.  The next five ships are to be HMS Empathy, HMS Circumspect, HMS Nervous, HMS Timorous and HMS Apologist. 

Costing £850 million each, they comply with the very latest employment, equality, health & safety and human rights laws.  The Royal Navy fully expects any future enemy to be jolly decent and to comply with the same high standards of behaviour.  The new user-friendly crow’s nest has excellent wheelchair access.  Live ammunition has been replaced with paintballs to reduce the risk of anyone getting hurt and to cut down on the number of compensation claims. Stress counsellors and lawyers will be on board, as will a full sympathetic industrial tribunal.

The crew will be 50/50 men and women, and will contain the correct balance of race, gender, sexuality, and disability. Sailors will only work a maximum of 37 hours per week as per Brussels Rules on Working Hours, even in wartime. All the vessels are equipped with a maternity ward, a crèche, and a gay disco. Tobacco will be banned throughout the ship, but recreational cannabis will be allowed in wardrooms and messes. The Royal Navy is eager to shed its traditional reputation for; “Rum, sodomy, and the lash”; so Out has gone the rum ration, replaced by sparkling water. Sodomy remains, now extended to include all ratings under 18. The lash will still be available on request. Saluting of officers is now considered elitist and has been replaced by “Hello Sailor”.

All information on notice boards will be in 37 different languages and Braille. Crew members will now no longer have to ask permission to grow beards and/or moustaches. This applies equally to female crew. The MoD is inviting suggestions for a “non-specific” flag because the White Ensign may offend minorities. The Union Jack must never be seen. The newly re-named HMS Cautious will be commissioned shortly by Captain Hook from the Finsbury Park Mosque who will break a petrol bomb over the hull. She will gently slide into the sea as the Royal Marines Band plays “In the Navy” by the Village People. Her first deployment will be to escort boatloads of illegal immigrants to ports on England ‘s south coast. The Prime Minister said, “Our ships reflect the very latest in modern thinking and they will always be able to comply with any new legislation from Brussels .” His final words were, “Britannia waives the rules”.

This tongue in cheek arrived via LawBob Squarepants so we know it’s legitimate. Counselors are prohibited, as members of the Court, from speaking untruths…

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MILESTONES–LARRY BACON

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We received mail from four tour dustoff medic (and member Bruce) of the passing of another of our brethren from what the  VFW insists wasn’t a war. Semantics sometimes obscures the reality of life. We have seen that in Florida recently. Regardless of the circumstances or what we choose to call it, another one of us has completed his last mission as Bruce so aptly put it.

Vietnam Veteran Donald Singleton informed us that his brother in law, Larry Bacon, a 100% disabled Veteran , has set out on a new journey in the afterlife. I guess the saddest part is the neglect and inaction that has dogged our generation of warriors. What makes it all the more grievous is perhaps the belated efforts by America and the VA to embrace us 40 years or more after the fact. For the record, I don’t fault America.

Bruce closed his note with this:

We ask for your prayers for the family in their time of grieving.

Donald’s email is: nam1555@aol.com

Two million five hundred thirty two thousand five hundred down-three hundred sixty seven thousand four hundred ninety nine to go before we disappear from the earth.

Rest in Peace Larry. We’ll see you soon.

Posted in Inspirational Veterans, Milestones, Vietnam War history | Tagged , , , , , , , , , , , , | 3 Comments

VETS MORE LIKELY TO HAVE HCV

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This just in from Dennis (Smoke). Vets born between 1945 and 1965 are far more likely to have HCV. Gee, where did the VA police park the Squad car? I don’t see it out front. Having had ample opportunity to study this thing to death (no pun intended), VA surreptitiously tested us for decades and purposefully withheld the results. This violated the strictures of many local public health entities that demand immediate notification of any sexually transmitted diseases or major infections such as HIV/AIDS/ HCV.

It should  come as no surprise now that the information is coming to light. The CDC, NIH, IOM and other major entities are revealing more and more studies that depended in large part on none other than-ta-daaaaaaa!-VA studies of it’s Vets it wasn’t telling. This isn’t front page, July 2013 news though. VA has known, in many cases, that tens of thousands of you were infected and made no effort to contact you and tell you to seek medical intervention.

I can’t even begin to count how many of you have contacted me to say that you found out you had the bug for years and found it during testing in a civilian setting. In the course of developing your claims, many of you went to the Release of Information (ROI) at VAMCs and asked for your VA medical records. There, large as life and twice as natural, in plain print, were results of blood tests performed in the past that you were unaware of diagnosing you with HCV.

In any setting other than a governmental one, this would be actionable for litigation. Veterans, unfortunately, are a no deposit, no return item. The article zeros in and focuses on one salient fact- many of us in Vietnam are the most likely, by a factor of 66%, to be infected.

Among those disproportionately affected by chronic hep C is the veteran community, a population twice as likely to be infected with chronic hep C as the general population. Veterans may be at increased risk because they may have additional risk factors, such as having had blood exposure during combat, or immunization by air gun injection. Of the six million veterans receiving care from the Veterans Affairs’ (VA) health care system in 2010, 165,005 had evidence of chronic hep C. Most veterans with the disease being treated in the VA health care system in recent years were likely infected during the Vietnam War era any time from 1964 to 1975.

I implore any of you who have not been tested in this group to do so immediately. If you are receiving your medical from the VA, I would follow up within a week with a visit to the ROI and confirm the findings for yourself. I personally no longer trust them to tell me anything.

Posted in HCV Health, HCV Risks (documented) | Tagged , , , , , , , , , , , , , , , , | 2 Comments

FED. CIRCUS–RIZZO v. SHINSEKI (2009)–CHECK THE DOCTOR STAT

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From member Eric, I am reminded that this is a seminal decision that any Vet who aspires to run with the VA Bulls should read. It’s message is simple. Who is the doctor telling the BVA Veterans Law Judge that your Hepatitis C is not in the least way related to your service to America?  VA has the ugly habit of pawning off an ARNP, newly minted and still wet behind the ears as a leading specialist on hepatology From the the Bremerton, Washington CBOC when in reality, she has a smattering of knowledge about dermatology and plastic surgery. This may be your much – vaunted IMO the BVA will rely on.

Mr. David J. Rizzo aspires to overturn the CAVC’s affirmation of a BVA decision. The Feds ain’t buying. Mr. Rizzo suggests that the BVA was less than forthcoming when they introduced a VA bigwig as a “noted specialist”. All well and fine but the timing of the examination of the official’s bona fides must occur when the trial is in progress, not afterwards. Mr. Rizzo disputes this and says the VA is obliged to divulge his qualifications at the outset. Rubbish. That would destroy one a VA’s finest ruses.  Those of us with attorneys are  just getting used to having to automatically check to see if a proctologist is masquerading as a TBI trauma specialist. I thought it might be a good idea to pass this along to the pro se/DIY crowd.

VA doesn’t think this internet thing is so hot any more. Vets are starting to publish their  playbook. Eric calls this “Rizzoing” using it as a verb like “Mirandize” e.g. “Did you Rizzo the  IMO Doctor?” I find that to be a smart identifier. We have Fenderson Ratings and Caluza Triangles. We have Shedden principles and Hickson elements. Why not a Rizzo procedure?

Anyone who offers an opinion that denies you must be Rizzo’d  promptly. Allowing it to stand grants it standing. Eventually it becomes a finding. VA is a past master at providing 30 pieces of silver to some lucky doctor or PA in their employ. You rarely see a bad IMO that reaches when a truly independent one is sought.

Posted in CAVC Knowledge, CAVC ruling | Tagged , , , , , , , , , , | 4 Comments