BVA–LOUISVILLE SLUGGER

Posted on December 2, 2012 by asknod

Either I’m becoming jaded or the BVA is getting soft on the Kentucky Vets with HCV. This is about the fourth one where the Vet must have had a CMOH to get this kind of consideration.

Vets by now are more than familiar with the litany of phrases employed by vA to deny. When was the last time ( or any time) you heard a judge chime in with:

The Board sent the Veteran’s claims file for a medical expert opinion in January 2012. A February 2012 medical opinion from Dr. C.M. indicated that he believed it was at least as likely as not that the Veteran’s hepatitis C was related to service. His rationale was that the Veteran was in direct contact with blood and body parts in Vietnam, without gloves, and he may have had scratches or cuts on his body. He was also treated for a sexually transmitted disease during service. The Veteran was also noted to have been treated for a burned and infected finger in 1964. Although the Veteran received a tattoo following separation from service, it was presumed to have been done under sterile conditions. Dr. C.M. noted no other risk factors for acquisition of hepatitis C.

vA never presumes anything other than your guilt. This fellow is getting the most favorable consideration anyone has this year but he’s not the first. Either the judges realize we’re becoming an extinct species or they are getting new signals from on high. Absent a blatant drug history, more and more of us seem to be getting SC for this. Unlike others, I look a gift horse in the mouth.

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

BVA– WELL, ACTUALLY IT WAS THE PNEUMONIA

Posted on December 2, 2012 by asknod

I guess Johnny Alabama wasn’t expecting vA to actually go back and look at his hospitalization records. Surprise! Lookit here. It says that it wasn’t for HCV but actually pneumonia. Can anyone explain this disparity? Johnny finally came clean at the Hearing and the AMLEG rep. must have been wishing he was somewhere-anywhere- else.

The Veteran testified in May 2012 that he experienced many symptoms of hepatitis C including daily fatigue and nausea, vomiting, and pain in his neck and right shoulder. The Veteran also testified that he experienced an incapacitating episode of hepatitis C which resulted in a period of private hospitalization from November 2011 to January 2012. The Veteran is competent to report the symptoms he experiences, but the Board finds that his opinion as to the cause of the symptoms simply cannot be accepted as competent evidence. See Jandreau v. Nicholson, 492 F.3d 1372, 1376-1377 (Fed. Cir. 2007); Buchanan v. Nicholson, 451 F.3d 1131, 1336 (Fed. Cir. 2006). In this case, the Veteran’s statements are clearly outweighed by the medical evidence against the claim, including the opinion of the September 2011 VA examiner. Additionally, while the Veteran testified that he experienced a period of incapacitation due to hepatitis C that required hospitalization in November 2011, he later clarified during the hearing that he was actually hospitalized due to pneumonia. He reported that laboratory testing during the hospitalization showed elevated liver enzymes, but did not report the finding of any specific symptoms due to hepatitis. In any event, the medical evidence clearly shows that the Veteran has not experienced any incapacitating episodes due to hepatitis C. An increased rating is therefore not warranted under Diagnostic Code 7354 for rating hepatitis C.

Hey, come on. It happens all the time. You go in with a stomach ache and it turns out to be an ulcer. The LFTs were elevated so you have to go with that. Benefit of the doubt and all.

 

Posted in BvA HCV decisions, Tips and Tricks | Tagged , , , , , , , , , , , , , , , | 2 Comments

Merck’s “Tune into Hep C” ad campaign in AMVET magazine

Posted on December 1, 2012 by Laura

arms 2

My DH picked up an American Veteran magazine (Fall 2012) at a VA Clinic.    He pointed out a full-page ad for “Tune into Hep C” inside.  Celebs Greg Allman and Natalie Cole are the website‘s official spokespersons.   I suppose I should be glad that at least some outreach is taking place even if the motive is profit.

However, the inspiration for the campaign is most likely the late Timothy Leary’s “turn on, tune in, drop out”  slogan.  Despite the non-judgmental copy, I think Merck’s attitude is: “Got Hep C” (all you tattooed, ex-dirty-needle-using veterans)?  Fess up bro and go see your doctor–or else!

Maybe I’m too cynical; maybe I’m reading it wrong.  Creepy and insulting advertising targeted towards veterans–or not?   Should AMVET.org decline this type of advertising campaign for Hep C or go with it?  You can comment on ASKNOD or email Jay Agg, National Com­mu­ni­ca­tions Direc­tor for AMVET magazine:  jagg@amvets.org.  Your influence counts!

Posted in Guest authors, HCV Health, Vietnam Disease Issues | Tagged , , , , , , , , | 8 Comments

BVA- JETGUN WIN FROM NEWARK

Posted on December 1, 2012 by asknod

Here’s a relatively clean jetgun decision with a side of shared razors. It’s not the first time the VVA has done a bang up job on this. I  see the Vet was smart enough to get a hall pass from his doctor but VA still wasn’t buying. They sent out for the “independent” VHA version and it came back in his favor. Now for the next battle. Actually getting a rating commensurate with the degree of disability will consume Johnny Newark’s waking hours for the next several years. It’s wins like this that demonstrate we may have to resort to veterinary science to prove the inherent unsanitariness of the guns. Why not? A virus is a virus regardless of who it infects.

VHABut wait. Right directly after it is another from the ACORN capital via the VFW. Thislooks like the Vet was in charge more so than any VSO.

 

Posted in BvA HCV decisions, Jetgun BvA Decisions | Tagged , , , , , , , , , , , , , , | 3 Comments

FACEBOOK GOVT HUMOR

Posted on December 1, 2012 by asknod

This is so true in all the government does.

Yeppers

Posted in Humor | Tagged , , , , | Leave a comment

VAOIG–SEMI-ANNUAL REPORT

Posted on December 1, 2012 by asknod

I love these things. More VA deception. Millions, indeed billions are being save by this arm of the vA. Only one problem. The monetary fines imposed that vA is realizing are phantom income. As the miscreants are all imprisoned, their ability to remunerate the government is severely compromised. Assuming that they absconded with the bucks and spent them gambling or on drugs, the money has vamoosed. Any hope of liquidating assets is time-intensive and costs more money to prosecute.

The DEA/Koresh dilemma of involving the OIG in felony pursuit and arrest for civil/criminal crimes unrelated to VA is disturbing. Forty years ago we called this mission creep. Now it’s a cutting edge criminal apprehension program. I think perhaps their efforts would be best spent uncovering the labyrinth of deceit that will bubble up when they are asked to investigate $78 million (or more) worth of Human Resources playcations dating back to 2005.

Perhaps a detailed, investigative attempt to learn about the horrendous backlog. I’d like to see them insert an operative into the VA Rater’s pool in an RO and become a fly on the wall. Nah. Never happen.

Black hole of OIG money

Posted in vA news, VAOIG Watchdogs | Tagged , , , , | 1 Comment

Reading: Kontum: The Battle to Save South Vietnam

Posted on December 1, 2012 by Laura

kontum

I picked up a flyer about this 2011 book by Thomas P. McKenna  in a VA Clinic waiting room recently.  The flyer said, “written by a man who was there.”  It received good reviews on Amazon and was published by a scholarly press.

“A superbly written and researched account of the 1972 NVA Easter Offensive and the heroism and professionalism of the unsung heroes of the Vietnam War, the advisor teams. If you are interested in understanding why the Vietnam War ended as it did, read this book.”

Major General Neal Creighton, USA (Ret.), former Commanding General of 1st Infantry Division.

There is so much still to learn about this conflict that took the lives of 58, 261 veterans (on the Wall today) and continues to impact those who survived it.

Posted in All about Veterans, Guest authors, Vietnam War history | Tagged , , , , , , | Leave a comment

MARINE TOYS FOR TOTS MISHAP

Posted on November 30, 2012 by asknod

This just in from Semper Fi Tom. Always one to help little old ladies across the street or collect toys, Marines showed their helpful side yet again…

Marine Toys for Tots

 

Tyrone was lucky there were helpful servicemen there when he fell. Some might have left him and walked away. Not these dedicated few (and proud).

Posted in All about Veterans | Tagged , , , , , | 3 Comments

FALL BVA DECISIONS ARE POSTED

Posted on November 30, 2012 by asknod

VARed hot and the link works. All the late August, September, and some October BVA decisions are up on the boards today. Same sad story of Lions-5, Christians=0 in the BVA Colosseum  We didn’t expect any less. A few will win but most will get the wave off due to-duh-no nexus and self diagnosis. As for our little neck of the woods, Vets continue to blame AO for HCV and that simply won’t fly. A majority have mentioned their pronounced habit of shooting up way back when and that, too, is a major denial factor. No big surprises but I’m still in the first 20 or so. I’ll publish the priceless ones as I find them.

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CAVC–COURT OF APPEALS FOR VEGETABLE CLAIMS

Posted on November 29, 2012 by asknod

Always the optimist, I plant for food and fine dining. Since  I’ve really had enough herbicides to last me several lifetimes, I’m on a health binge. Foolishly believing that vA might see things my way, I went heavy on spinach futures this winter-like 678 spinach futures. Ruh-oh, Rorge.

I just finished transplanting 390 and looking around for a home for the remaining 288 which will require some attention very soon. I sure hope my VR&E ILP counselor is reading this and sees my delimma. This is far worse than the 158 tomato plants this spring.

The immediate quandary is whether to scotch the cilantro I use for my salsa and the celery.

I’ve always been a sci-fi buff so I can now understand Freeman Lowell’s (Bruce Dern) predicament aboard the Valley Forge. Mine is not a problem of disobeying orders but of deciding how to proceed.  What I wouldn’t give to have that much space…

 

 

Posted in Food for the soul, Independent Living Program, VR&E | Tagged , , , , , | 2 Comments