HIDDEN VALLEY OR NOT IT!

Hidden Valley

In the ages old game of Not It!, the last person tagged is “it” until he/she can tag someone anew and shout the same. Take that to an adult level and you have government.

South Dakota Squidley writes me with a cogent observation. What if? I concur with him. This isn’t like being a little bit pregnant. This is Not it! in its superlative form. What if VA actually succeeds in getting claims out the door in 125 days by 2015? Forget the abysmal accuracy (VA claims 86% vs. CAVC remand rate of 60+%) and just imagine the consequences. Alright, back up and imagine even more appeals filings in light of the aforementioned inevitability of error-prone decisions.

Here’s the sad, unvarnished truth. Of 1,250,000 claims adjudicated in a recent year, 60,000+ are going on to appeal. We know of the “Hidden Valley” closet down at the VARO where your claims cool off for a year after receipt of the Form 9 before being boxed up and FEDEX’d® to 810 Vermin Avenue. This is, of course, the invocation of the FORM 8 and the fabled “Laying On Of Hands” to move it to the mail room. . Having now been CERTIFIED as substantive, the claim proceeds on to mildew in Washington DC for a year in their in-box. Pray for no remands or that timeline flies out the window.

Squidley, formerly an employee of the Canoe Club, is on to something as I said. More Vets filing equals more Vets appealing. More Vets appealing means more claims piling up in the Hidden Valley. After they escape that, they’ll just pile up higher at the BVA. The VARO guys are just playing Not It! with the BVA. More claims out the door, right or wrong means more work for the tired, overworked, under-martinied VL Judges with golfer’s elbow.

In 1961, twenty Boards of three judges were authorized with each having a Judge/doctor who could make medical decisions on-site. In 1988, with the passage of the VJRA, Congress withdrew the power of the stethoscope from the Boards. No longer were they allowed to opine on your Hep.  Although they quit hiring doctors with a juris doctor minor, they haven’t gotten that memo yet but that’s a story for another day. In 1994, the backlog started to grow. Vietnam was coming home to roost.  VASEC abruptly redefined a “Veterans Board of Appeals” (plural) to consist of 1 (uno) (single) one judge each. All of a sudden there were 60 Boards. This was a bigger hat trick that Jesus doing the Loaves of Bread with Anne Greensprings.

Anne

Everything went swimmingly until  larger numbers of Vets started showing up who keep getting clobbered in these War games. VA continued to plod along at their usual tortoise pace blithely unaware that another tsunami was fast approaching. The BVA, being very innovative, started investing some of their senior legal deniers with the exalted title of Acting Veterans Law Judges. They were allowed to do this for 90 days at a stretch, or simply grab a claim out of the basket and run with it. The only problem is they take the one on top. If it’s a humdinger with tons of medical jive in it, he/she stands a good chance of blowing the call. The obverse is true, too. That’s how we got that first jetgun claim in 2004. I’m sure that unlucky fellow moved on when the bonuses and achievement awards dried up. The VASEC put a note on the Bulletin Board and said “We’ll have no more of that nonsense.”

Moving on to 2013, 14 and 15, Squid calls it as even on the time to adjudicate. The claims will sit in some new limbo. Did I forget to mention the other closet? How about all you folks (me included) who opted for the DRO review? Foolishly thinking the VA might revisit your claim with compassion, they simply re-deny-but-but you lose a year minimum. This is yet another convenient waiting room before you even get to the Form 9 waiting room.

Your claim will eventually be denied in a shorter time as VA measures it. Accuracy is assuredly going to go down. Remember haste makes waste? VA will probably have an acronym to cover that contingency. It will be reviewed a few more times at the RO the old-fashioned way but this will now be post-125-day limit. After the original, magic goal of four months and five days has transpired, they can revert to form and start filing in the Hidden Valley again. Try to remember that VA uses semantics the same way they do everything. Absent any compelling language from the Under Secretary for Denials Allyson “the Chipmunk” Hickey, they are free to take another three years playing tiddlywinks with your claim before handing it off to the BVA.

Unfortunately all the delays in the world are not going to change the number of the judges. They are still invested with the same sixty. Even assuming every Leagle Beagle in the house was capable of strapping on the  “Acting”mantle, there would be no staff attorneys left to flesh out the denials. The bottleneck has just reappeared down the line. Moreover, with an ever-increasing number of vets demanding a do over, the numbers and delays will simply increase at this level. Note also that this doesn’t envision even more yet, nor does the head Chipmunk mention any delays other than the one specific instance of an initial filing decision. Once that 125-day hurtle is semantically surmounted, it’s back to the 2 year grind to a SOC.

Vets email me and say “Well, thank goodness they’re finally going to deal with this backlog problem.” Newsflash. Nothing will change. You’ll get in line and they’ll be handing out denials a week later at the other end. The longer, more protracted denial you are more familiar with will then commence.

The last lump in the python is the CAVC. In 1991, with the same number of judges, they issued 118 cutting edge decisions including Shafrath and Wilson. By contrast, our esteemed Court of eight currently has an unparalleled Not It! sum of seventeen (yeppers, count ’em) under their belt. When the new group of Vets arrives with $50 in hand seeking to fix VA’s screwups, the final phase of yet a new Hidden Valley will begin. It’s a good thing they’re all going to Electronic files. They’re running out of places to hide them.

"Now which one of these do you think you put Jim Smith's evidence in, anyway?"

 

The above is Winston Salem’s Hidden Valley on the sixth floor. Here’s The CAVC’s :

CAVC efiles

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MORE INFORMAL CLAIMS INFO

I have received even more mail on the subject of what constitutes an informal claim in the last several days. One thing I note is the importance of having expressed or evinced somehow in writing that you desired to file. Once announced the ball would be in VA’s court to act on it. Failure to do so would not abrogate their responsibility to contact you with the appropriate forms or assistance in filing. A case in point.

I had seen all the news on TV in the early nineties (approx. 1991) about Agent Orange. They encouraged Vietnam Vets to get tested. Nothing was said about filing but that goes hand in glove with lab results indicating a problem. I had been diagnosed with PCT and the doctor wasn’t sure about its cause. It was 50-50 as to the Hepatitis (I thought I had B) or Agent Orange. This was also before Caluza v. Brown (1994) and the need for a nexus letter.

I called up and got an appointment for Sept. 21, 1993 and arrived on time. I got the deer in the headlights look from Nurse L. Casey. What appointment? Nevertheless, they ran me through all the lab work, EEG, etc. and promised as the VA always does to make me an appointment soon. Very soon…

Since I never heard back, I opted to file in March 1994, approximately six months later. I will be petitioning for this as my earliest effective date. The following documents show two things. I showed up and evinced a desire to file for any and all claims associated with my disease and my blood labs clearly show something amiss in my Liver Function Tests.

Just for the record, if I had not filed within a year, my claim for an informal interpretation of this would not be valid. The VA built an escape hatch into it with the one-year provision.

AO file

2012-12-15 141737

Obviously this page wasn’t filled out because they never called me back for an exam. I found this stuff when I went in to the ROI office the first time in 2008. Surprised would be a masterpiece of understatement. I had no idea they still had this.

AO Registry  2

And the LFT evidence:

AO registry blood 2

It’s not important that the AST/ALT weren’t off the map here. I have a 1987 test showing 187 on ALT and another in 1992 with 230.

This is the kind of evidence they will demand of you. The best way to attack it in my mind is to win your claim first and then go back and say Yeah. But what about this? They may go back and do a Fenderson staged rating on it if there is enough medical evidence, too. I have never been able to predict what will happen on these EED claims. The informal attack is always difficult and VA will raise the specter of failure to show up within a year. You can actually turn that argument upside down if you point out that you did due diligence and they dropped the ball afterwards. Based on that, some have won up at the CAVC. Never accept the hokey excuse proffered by VASEC and the gang. They don’t have any desire to pay you a dime. Going back to 1993 is right out in their play book. Expect a fight. I am.

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I’LL BE HOME FOR CHRISTMAS

Few are ignorant of the poignancy of this World War 2 Bing Crosby hit which has gone on to become a Christmas favorite. It was still a staple of the older “lifers” in the service in 1970. This was to be my first Christmas away from my family as well as in a war zone. During  December I was beginning to get sick from the hepatitis which would soon put me in the hospital. I’d had a transfusion about two and half months earlier and I was beginning to look like I’d drunk too much O.J.  The Johnny Walker snake bite medicine wasn’t much help either.

I had recently been assigned to T-11 way up country (October 11th, 1970) and was still settling in. I thought fondly of my Meo or Hmong friends I had made up in Laos and wondered if I’d ever see them again.  A word about these soldiers and pilots…

Ta-hann (General Vang Pao’s Meo soldiers) joined up very young. At eight or nine they were expected to take up a .30 calibre M-1 Carbine and begin base defense. This included spreading AO and ABlue around the perimeter in a cut off bleach bottle scoop.

By the time they reached puberty they were expected to be proficient in either a black powder Meo (I use Meo and Hmong interchangably because I remember them being called Meo) musket or the M-1. A certain number of captured Chinese Communist SKS rifles and AK 47s were sprinkled in. The occasional .45 ACP , G-3s, and Thompson SMGs were also still in use.

G-3 .45 grease gun

G-3 .45 grease gun

Ta-hann

Ta-hann

Ta-hann were not given re enlistment bonuses. They were paid infrequently and had a hard life. I cannot begin to tell you how they approached this mentally. Stoically, I imagine. I never heard any complain about the food or the rain. Vacation and R&R were not in their vocabulary. Family and clan ties were thick there and honor was all you had to set yourself above the animal kingdom. Serving in the military was not an if but a when. There was much pride around the campfire in the evening after kicking the Pathet Lao’s ass.  There was always talk of which cabal was friends with you at any given time. There were many-Neutralists,  others who supported the old monarchy and the Military Junta in power in Vientiane. VP’s troops were the front line up in Long Tieng representing the Junta, and in all the hills around the Plain of Jars. Vang Pao was supported closely by the CIA. The Pathet Lao (translated as Lao Nation) were the Laotian version of the Viet Cong.  The Neutralists were always jumping back  and forth early on but eventually sided with the Pathet Lao.

Muong Sui Laos (L-108) 9- 1970 -A

Meo (Hmong) mother w/ child taken at L108 Muong Soui 8/70

Air America knit this coalition of mountainous outposts together. We delivered like the Domino Pizza guy. We either landed and unloaded or dropped if the airpatch/LZ was hot or screwed up by the monsoon weather. Hard rice was ammo and military gear. Soft rice was food. Whenever we dropped we often used drogue chutes to arrest the fall of the package/crates/pallets. Sometimes we dropped pigs whole sans parachute knowing they’d have them for dinner. At any rate, there were always a lot of small chutes lying around.

Vang Pao made two promises to his Ta-hann. They would always be fed and clothed and when they fell in battle, they would be guaranteed a return of their body to their home and family for burial along with a one-time payment for services rendered. Vang Pao adhered to this religiously and it was what kept their army so faithful. A body must be returned to the earth to set the soul free. The family will celebrate you long after you depart. The soul is called Phee. It is your spirit and Meo were big on Phee. If you died  up in Xieng Khouang (L-22), your body would be unceremoniously wrapped up in one of those old drogue chutes and await transport on a Porter or Helio Courier back to Long Tieng (LS-20A). Once there, it might sit for several more days until a plane was headed upcountry to Na Khang or Khang Khay. While a Ta-hann had a promise of return, it was not time-stamped like the Mideast where they want to see you below ground within 24 hours. Ta-hann were often pretty aromatic before they made that final honor flight.

Imagine everyone in your town thinking as one. Aircraft etiquette says you fly around the proposed landing area  and observe your field. Since there was only one way in on the side of most mountains, it was a straight in shot. The mere sound of the aircraft galvanized the village into action. Small children were grabbed and whisked off the runway. Errant water buffalo were beaten and driven to the side. The whole populace stood and waited. If landing, the ta-hann was deplaned first to relocate the stench. The stoic looks of the villagers said much. There were no tears, no anguished wales or ululations for the dead. Just a staid glance and then all eyes reverted back to the aircraft. We never kicked a ta-hann out like cargo. We gave them much reverence even if their own were less reverent about the event. In America, when the military came calling to inform you that your son or husband was no more, an officer (usually field grade) accompanied by a senior NCO heralded the entrance. In Laos, a Helio Courier or Porter did much the same with said freight on board.

upcountrymeeting

Every year around this time, I think back on those brave men. Many died before reaching fifteen. They had no Christmas. There was little joy in their life. Weddings were rare and usually short-lived.   Buddhism is a way of life that dictates how everyone should behave. The operable phrase most descriptive is  “What goes around, comes around”. It seems so sad in retrospect but at the time war was all-consuming. Personal tragedy somehow never made a dent in their psyche. PTSD was incomprehensible.

The closest thing to Christmas was Pee-Mai (New Years Day) or Songkrahn (the water spirits festival). Outside of those two events, the year was remarkably boring. The spirits controlled the vertical and the horizontal  24/7. A dead ta-hann’s spirit was now free and there was no more association with his body. All that was needed was the proper sendoff and an annual tithe to his memory to keep his phee happy.

Keep this in mind when you celebrate the holidays. I certainly don’t want you morose and in a dour mood. Don’t get me wrong. But just think of all the poor souls who won’t be home for Christmas-ever.  Remember them. Hoist your glass in tribute to them. Regardless of their race or religious persuasion, they were some of the bravest, youngest soldiers I ever met. Why I remember them at Christmas rather than Veterans or Memorial Day is immaterial. Perhaps their phee require a tithe during the season.

My favorite airline

Posted in From the footlocker, Inspirational Veterans, Vietnam War history | Tagged , , , , , , , | 1 Comment

SENATE TELLS vA TO GET WITH IT IN 2013

Well, here we go again. The Senate is now getting in the act and telling vA that they are running out of patience and expect some results as the Texas Veterans Commission (TVA) suggests.  This is becoming comical. Congress shouts and vA jumps (sideways). Congress roars and vA jumps (backwards). Congress really gets mad and says bad words and vA laughs (loudly). What’s next? Double Secret Probation?

dsrdsp

Posted in VA BACKLOG, vA news | Tagged , , , , , , | 2 Comments

EXTROVERT SNOWMEN

Don’t you just hate show offs? Now the snowmen are trying to get into the act.

show off

show off

Kabuki snowman theatre.

Kabuki Theatre for attorneys

Legendary Law Dogs

Legendary Law Dogs

Posted in Humor | Tagged , , , , | 1 Comment

vAOIG–ROUND UP THE USUAL SUSPECTS

This is pathetic. The Playground Supervisors  (VR&E’s big, bonus winners) have been caught back east with their pants down.

 Participants Misidentified   

We reviewed a sample of 70 CER files and found 45 files were appropriately recorded in CWINRS as self-employment participants. However, case managers incorrectly recorded 25 of 70 files in CWINRS as veterans participating in self-employment services. According to the CER files, these 25 veterans received other VR&E program services such as independent living and employment through long-term services.

This is exactly what I suspected. I pointed out to my counselor that there were two distinct branches of the VR&E tree-a path to employment and one for ILP. He says there’s only one.  This is fairly conclusive proof that they consider it to be one big pie that can be cut up any way they say it can. The whole VR&E concept was born in 1918-right after the WW1.   The ILP was instituted in 1980 after Vietnam for Vets who would never normally survive any war.Congress realized that those of us who were severely disabled needed a special niche. vA has decided to exercise “portion control” over the funds allotted them. I always wondered why no one I talked to at VR&E had ever heard of ILP.

The VR&E is a personnel nightmare. It’s filled with GS-10s and above. The lowliest typists in the shops are usually GS-9s. Good ol’ boy network is writ large here. Everyone has initials after their name like CRC, BMOC, I(CU2), CO(OL), MS(NBC). I’m sure you know the types. Here. Go to my vA Who’s Who widget  and then just click on Veterans Benefits Administration, choose your state and look at the 300 employees. Ones listed as Social Science are the VR&E big guys. The smaller potatoes are Psychology. The typists are listed under Social Science with GS11 ($61K) to GS12 ($87K). Wowser. Twenty six VR&E troops at Fort Fumble in Seattle from GS 11 to GS14- One GS14, two GS 13, nineteen @ GS-12, and four @ 11. In the Canoe Club (Navy) they’d call that top-heavy with brass. Anywhere BUT the vA.

Does anyone see why we have a problem at the vA? Everyone there is so old they have Alzheimer’s or else they are getting paid waaaaaaaaaay over scale. Ya think? Used to be a GS-14 was pushing twenty years. Nowadays they start you at GS-10 there. Happy VR&E “social scientists” make happy ratings. So where’s my greenhouse?

VA approved greenhouse

VA approved greenhouse

Posted in Independent Living Program, vA news, VAOIG Watchdogs, VR&E | Tagged , , , , , , | 3 Comments

vA–WHERE TO START IN THE PAPER JUNGLE?

Here is a sobering assessment of where we’re headed- and where we’re not so headed-soon. As we all know, soon is also a vA euphemism for whatever “is” is at the time. “Sooner or later” actually was discovered to have been coined by the first VASEC Edward Derwinski. It was uttered during the Erspamer fiasco and  later caught on to become the de facto motto of the entire Department of veterans Affairs.

Optical recognition is the big bugaboo here. Due to the slothful, neanderthal proclivities of vA personnel, they avoided learning how to to use typewriters well into the late nineties. The chicken scratch is now coming home to roost. All those hand-written 21-4138s have to be word-searchable. All those copious doctor’s reports written in gibberish? Optically scanned, dude. Gazillions of godzillabytes of Vet’s info needs to be up-scoped.

Imagine the cost… This is going to have serious repercussions on all those Human Resources playcations in Orlando Veterans who have served our country so loyally. We’ll need a shitton of money-and computers? Good thing you mentioned that. We’ve got three different systems that are slower than dial-up so we need a complete do over on that too. We’re thinkin’ we’ll be out of the woods about five years after you guys get the new systems up. We even have an acronym for the new computer. Check it out. “SCRUDUP”. Pronounce it “Screwed up”. Sort of like an inside joke. Get it? Screwed uuuuuuupp, dude! Stands for Servicemens’ Research Computer, Unraveler, & Decoder for Uniformed Personnel. Pretty catchy, huh? Our R&D guys came up with it. We gave ’em a big fat bonus, too. Oh, wow. You’re right. It’s misspelled. That’s bogus. It’s SRCUDUP. That’s okay. We’ll just pronounce it SCRUDUP. Everyone will know what we mean. Right?

vA is planning on doing their inimitable Michael Jackson moonwalk across the Congressional Stage and try to stay in the weeds thereafter. With the exception of some Hickeygrams, things will be pretty low key at the Under Secretary for Apologies Office. When 2015 comes and goes, there will be another hue and cry go up that Veterans are getting screwed and everyone will appoint commissions and hire investigators. And so on. And so on.

Congressmen will appear before the cameras and say “Shocked. I am just shocked. I can’t even begin to tell you of my angst for those poor Veterans.” They’ll propose a law that will be diluted down until it benefits a long-dead Vet from the Spanish-American War’s widow’s first-born male child’s male child if he was born on a Thursday-in June-in 1928-before noon. You will need a copy of the Veteran’s DD 214 which wasn’t invented until 1918, approximately twenty years after the war. A family tree, birth certificates, marriage licences, divorces, annulments or other documents must be certified copies. Because they are a nonadversarial agency, this exemption for the above described dependents will be available from one year after publishing in the Federal Register.

Required

Required

Posted in VA BACKLOG, vA news | Tagged , , , , , , | 1 Comment

1961 Babies and Breadwinners civilian polio vaccinations with jet-guns (MUNJIs)

jet gun

Part II thumbnail

Part II:  View a black and white CDC documentary film (about 10 minutes) which shows how mass vaccinations were administered in Columbus, Georgia in 1961.

The arm of the patient was wiped, not the jet gun nozzle.  No hand hygiene.  No personal protection equipment.  Outdoor stations.   Infectious disease potential for cross-contamination age range: infants to children to adults.  

Watch part 2 first.    Part 1 covers optional planning background but Bozo the clown gets his shot in Part 1.

http://archive.org/details/babies_and_breadwinners_2

http://archive.org/details/babies_and_breadwinners

These jet-gun immunizations for polio were taking place all over America.  And this is the real reason why the CDC now recommends that baby boomers (born 1945-1965), who  have a higher percentage of HCV, get tested for it.  However, this cohort needs to be expanded to cover all populations that were exposed to dirty jet-guns (military and for swine-flu campaigns) until the unsanitary practice was discontinued after HIV/AIDS was recognized.

Note: You can download the video to your computer in different file formats and burn to a CD-ROM or save to a flash drive. Part II has been downloaded over 4,000 times.

Luckily, I was given my polio vaccination by my pediatrician with a syringe (I assume with a single-use vial).  Who should see Part II?  VSO representatives? Your young doctor? Secretary Erik? Your senator?  All 60 +/- BVA judges? 

Posted in Guest authors, HCV Health, Jetgun Claims evidence, Nexus Information | Tagged , , , , , , , , , , , , , , , , , | 1 Comment

KENYA PROBLEMS

I’m in a quandary. Apparently my long-lost uncle who went down in the forties (after his ship sank with all hands due to German submarines) has surfaced in Mozmbique. Or, more exactly, his housekeeper has contacted me to let me know he died impossibly rich beyond anyone’s comprehension. The fly in the ointment is the tax men. Yolanda is perfectly willing to be the bag man on this and carry the water for me but she’s short on funds.

In order to free up the account, it seems the easiest thing would be to just deposit a small sum of $8, 246.21 in her account and she’ll do this for me gratis. I emailed her back and said I’d fly over post haste for that kind of money ($3.2 mil.) and take care of it myself. Unfortunately, I’m not a citizen and would have to be a resident for 90 days in order to exercise this prerogative. Yolanda, however, is a citizen and would be willing to even personally fly the money to me here in Washington state for a small pittance of say $10,000.00 USD. Fortunately that even includes airfare. Her passport is current and she stands ready to step into the breech.  I don’t know why but it seems people are so generous with their time and more amenable to reason and helpfulness around Christmastime.  At any rate, Cupcake and I were hoping some of you would like to share in our good fortune. Since we are paupers, we need about another $8,000.00 to make this happen. If any of you are interested, we would be willing to share the money with you on a pro rata basis commensurate with your stake. I can personally vouch for Yolanda  since she has a valid email address. She certainly could have kept all the money to herself and never contacted me. This proves here bona fides in my book.

What amazes me is that Uncle Dick survived that sinking and swam 2,000 miles to Mozambique. He always was a good swimmer according to my mom. I still can’t believe he never contacted us for all those years. He must not have had our address. Yolanda also said he left her a letter to give to us in case she ever found us. She is truly an angel. I’ll wait to hear from any of you who can help us. Enclosed is a picture she sent attached to the email. Cupcake says she looks pretty honest.

Yolanda

Yolanda

 

Posted in Humor | Tagged , , , , , | 7 Comments

BVA–YEAH.IT’S NEW BUT IS IT MATERIAL?

Here’s something I can’t seem to enunciate enough to Vets. I have an email from Ralph who is condemned to the St. Pete’s RO and Funhouse of Mirrors. He’s in his fourth year of combat with the VA (second reopening) and has a similar set of circumstances as this decision above.

Ralph complains thusly: ” I submitted new evidence showing my HCV is getting worse and the same for my Porphyria Cutanea Tarda (PCT). They refuse to look at the hep. claim again even though I gave them the new medical records from my private doctor.”

Ralphie has fallen into the New and material pothole described in 38 CFR 3.156(a) that says in order to reopen a previously denied (and final) claim, new and material evidence must be presented. Simply showing up with a fistful of records and asking for a do over doesn’t put the meat on the plate.

§3.156(a):

 (a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim.

Now here’s the definition you need to understand. Obviously Ralph is bringing new evidence to the table. It has to relate to his time in service and not to the current progress of his disease. Material evidence is evidence that is useful in making a determination as to service connection here. It would be material evidence if used in conjunction with a claim request for an increased rating, however. This new evidence would demonstrate to VA that his illness was more debilitating. Until he gets SC for the hep, any discussions about the  severity is premature. He has to overcome the Caluza triangle of disease; disease in service (or risk factor); and medical nexus.

Ralph had boots on the ground in 1967-68. Or as the DAV likes to say, “he stepped foot in  Vietnam” which makes me suspect VA gives them all their old Adobe Acrobat software when they update. Hell, maybe the computers too? After reading some of VA’s correspondence personally crafted for me, I wonder. Nobody could be that word-challenged in our society. Reading it aloud makes you sound like Yoda or one of those Chinese guys they hire to translate instructions on how to assemble a patio chair. Anyway, Ralph gets the “Presumptive exposure” of herbicides right off the bat with a small wrinkle. Unlike DM2, IHD and all the other b cell hairy leukemia stuff, he must have had problems with the AO herbicides during and/or at least one year after departure from the land of the red clay. If he cannot prove that as the gentleman in the case above has done, he’s toast on it for presumptive purposes.  However, there is the direct path to consider.

PCT, Chloracne and sub-acute peripheral neuropathy are the three diseases you must have manifested within that magic year. Given that PCT and Chloracne were virtually unknown aside from the hundreds suffering from  them down at the Monsanto Herbicide Plant in Missouri,  it was unlikely most Vets dialed in on why they had weird rashes on their arms and megazits behind their ears. Sub-acute peripheral neuropathy from AO, according to the VA and Monsanto, resolves within several years in VA’s land of Health so if you didn’t happen to recognize it before it got better you were out of luck…

For purposes of this section, the term acute and subacute peripheral neuropathy means transient peripheral neuropathy that appears within weeks or months of exposure to an herbicide agent and resolves within two years of the date of onset.

Given that VA didn’t even institute the presumptive remuneration regulations for AO until 1991, you were shit out of luck before you even filed by about sixteen years-assuming you departed on May 5th, 1975 on the last chopper off the roof of the Air Am compound. Why even bother to offer service connection for something you cannot get SC for?

Now, back to that direct concept. Combee v. Brown in 1994 was a neat case where Clyde Combee discovered what wasn’t in 38 CFR.  Combee_91-786  and http://federal-circuits.vlex.com/vid/clyde-combee-jesse-veterans-affairs-36102742 He had some radiation-related diseases and had “stepped foot in Nagasaki”  in September 1945 shortly after the Army Air Force had performed their parking lot remodel to it. It’s safe to say there was some ionizing radiation about. Well, not  exactly. The M21 must have a Geiger counter attachment on it. Clyde lost out on the Presumptive because his disease wasn’t on the preferred customer list. He argued for a direct connection which VA really hadn’t looked at. Direct as in it manifested during his time in service. He lost. He continued to try different venues such as the en banc setting at the CAVC to no avail.

Ralph and the Vet above can do something I’ve only seen done in one other instance if they have the  right cards. What few seem to realize is that PCT is not only prevalent among Vets exposed to AO but to those with HCV. Why, I’m not sure but I’m sure the egregious assault on the liver is a place to begin the search. VA did just this and I discovered it quite by accident early in my claims game. I cannot excavate the exact study but here was the page I copied and saved.

VAMC Portland  Hep =PCT

The next trick is to get service-connected for the PCT. The presumptive path usually only works where a Vet has a legitimate, undiagnosed skin disorder  Once that is accomplished, they can seek secondary connection for liver disorders associated to the PCT. This might seem convoluted and a back door way to get there but it has been done.

You will notice this is VA’s own study done at the University of Oregon which is tied to the Portland VAMC for medical studies. All their victims come from the VAMC. Here’s a 2005 decision that deals with this.

However, porphyria cutaneous tarda or PCT, is not solely a disease of the skin, it can have manifestations in many other organs, especially the liver. Porphyria cutaneous tarda has been documented, in various publications, to cause liver disease or to worsen an already existing liver problem. There has been proven a direct relationship between increasing age and progressive distortion of the liver architecture with fibrosis with the mean age presenting at age 48, cirrhosis by the age of 57 and hepatocellular carcinoma by the age of 66 with porphyria cutaneous tarda. This was shown by Cortes et all, in Histopathology 1980, September, volume IV, page 471 to 485. In another study presented by Armas in the Rev Med Chil in 1994, January, volume 122, pages 72-74 revealed that the patients with porphyria cutaneous tarda have a higher incidence of hepatitis C virus infections as well as hepatoma. The question is now raised does the patient have a liver disease. The patient does present now with abnormal liver function studies with elevated hepatic enzymes. A recent liver biopsy confirmed that hepatic fibrosis and bridging consistent with early fibrosis and possible early cirrhoses was present. He was found to have splenomegaly on physical exam and ultrasound, which is a sign of liver disease. Gallstones were also noted, which is also manifestation of a porphyria cutanaeous tarda. Therefore, I do believe that the patient does present at this time with laboratory, radiological and physical evidence of liver disease.

Ralph is going to be forced to finally get the nexus letter which he was unaware of up until several days ago when we talked (emailed). It seems his illustrious VSO hadn’t yet deigned inform him of the need for this. Of course this is the same VSO (name removed due to low ratings)  who convinced him to throw in the towel at the RO several years ago (2001) when he filed the first time.  In all fairness, it does bear mentioning that it wasn’t the same service representative.

Ralph is now either reading this site avidly or taking an Evelyn Woods speed reading course preparatory to doing same.  New and material evidence is just the tip of the iceberg. With the current backlog, he’ll be finished long before they get back to him with the “what we have and what we need” letter. At least this time he stands a chance.

NAME WITHHELD DUE

imagesTO LOW RATINGS

P.S. Here’s an old post on PCT.

Posted in BvA HCV decisions, Porphyria Cutanea Tarda, Vietnam Disease Issues | Tagged , , , , , , , , , , , | 5 Comments