Here’s an interesting article sent to me by RW, a noted VA attorney and deep thinker.
It’s a 2002 article that has more resonance now than when it was written. Who could ever have imagined a backlog of these proportions less than a decade later?
Here’s an interesting article sent to me by RW, a noted VA attorney and deep thinker.
It’s a 2002 article that has more resonance now than when it was written. Who could ever have imagined a backlog of these proportions less than a decade later?
I always wonder why one particular person gets something, be it a winning lotto ticket or an autoimmune disorder. In the latter case, i sub-wonder why different variations of that disease induce yet more tertiary responses. An autoimmune disorder is where your body’s immune system falters and decides to attack everything. Rheumatoid Arthitis is one of the most common. However, there are many more. In my case, with the HCV, my rogue Jedi immunity system has decided my liver is the enemy and is mounting quite an attack on it.
People generally bore of reading about another’s panoply of ailments so bear with me. Imagine two years of “exposure” to Agents Orange and Blue. Exposure is a relative term. First of all, Blue is not nearly as obnoxious as it’s other 5 cousins. I never had them sprayed on me. The Hmong children, usually under 9 years old, used bleach bottle scoops to spread it around the runway, parking aprons and taxiways at 20 Alternate (Long Tieng). By 10 years old they were expected to shoulder M-1 .30 cal. carbines and become soldiers.
AO was designed to be diluted one to one with kerosene or some kind of diesel/petroleum product. The children were using it full strength and usually got it all over their hands and legs. Ne problemo. Wash off in the creek. I ingested it with my fellow Vets every time a Huey or a BUFF came in or departed and “taxied” down an apron 8′ off the ground. The red clay dirt was nasty until Monsoon season started in August. It got into everything -like your nose or the gas tanks on the aircraft. I even coughed blood occasionally until August of 1972. I figured it was the Marlboro Reds, so I smartly switched over to Marlboro Lights, which were new on the market. I was going through my health nut phase back then.
The autoimmune thing popped up in 1995. I started losing weight (165 to 130) and got horrible stomach cramps. I collapsed on the 4th of July 1996. They whacked out 30 cm. of my small bowel and the ileum. Diagnosis? Crohns disease. A healthy 44 year old man coming down with Crohns disease in mid life is like a woman getting pregnant at 69. The surgeon was convinced it was going to be some kind of cancer and was both relieved and puzzled that this happened. He came in to see me several days later and asked me if I’d ever worked in a chemical plant or been around industrial cleaners like toluene or MEK. I mentioned Agent Orange because I now had Porphyria Cutanea Tarda (PCT) diagnosed several years earlier. Bingo. He explained that developing an autoimmune disorder late in life had to have a reason. No one in my extended family had had anything like this. Then my son came down with Ulcerative Colitis.
Ulcerative Colitis is the same thing as Crohns except it occurs in the large intestine. The repair order is prednisone until you need to have it (the large intestine) removed and a colostomy bag installed. Ugly. Scientists have come up with Azothiaprine (Imuran) http://www.ncbi.nlm.nih.gov/pubmedhealth/PMH0000602/ and now Remicade (mouse DNA) http://www.ncbi.nlm.nih.gov/pubmedhealth/PMH0000267/ to suppress the immune system. Of course, a suppressed immune system leaves you open to every little bug or virus that crawls the earth. You have to become Bubble Boy and shun your grandchildren. My son has to use Remicade to keep his UC under control. He’ll have to do it for life or until they figure out how to turn it off. Each infusion costs $5400.00. He does it every 70 days. Our medical insurance company hates us and hopes we miss a payment so they can drop our whole company. This explains why I won’t be buying the waterfront cottage in Bermuda and the little 90-foot pocket yacht.
Because I am not a doctor, I will not opine, but rather theorize. If AO and some of the worse ones like Purple and Green, influenced your genes, this would produce the same in your offspring. Since there is now ample evidence of spina bifida in the children of AO exposed Vets, it’s obvious your genes can be warped, too.
What sparks this soliloquy is twofold. First, my autoimmune system has accidentally been switched back on by something and second, WGM’s jetgun documentation records which referenced autoimmune disorders in HCV positive people. Bingo#2. While it most certainly could be that those with excess exposure to AO may be more susceptible to incurring autoimmunity, it can definitely be said that it is a distinct probability it will occur in those infected with HCV. The enigma is how my son could come down with it via some HCV etiology. As I say, I’m not a doctor, but I observe a lot. Can it be that HCV warps your chromosomes?
The major side effect that may tip you off is an exorbitantly high IgG reading on an Immune blood assay. If you live in a cold place your hands or feet will hurt when you go outside. It’s even more painful when you come in to warm up. This is known as Reynaud’s phenomenon or disease. http://en.wikipedia.org/wiki/Raynaud’s_phenomenon
So those of you with RA, have yourself tested for Lupus, MS – and especially keep track of your ANA and ASMA blood test results.
http://labtestsonline.org/understanding/analytes/ana/tab/test ANA test
http://labtestsonline.org/understanding/analytes/asma/tab/test ASMA test
As a final note, I wish to say that for those of you who have done IFN treatment, keep an eye on DM2, deteriorating eyesight, cognitive brain dysfuntion (brain fog) and anything like numbness and tingling in the extremities (peripheral neuropathy). There are obviously other presents like AI, so be proactive.
For those of you who are considering it, study the side effects versus hoped for remission. The new Vertex regime is more successful but it is in addition to the regular cocktail of Pegylated Interferon and Ribavirin. Most who have tried it would rather go to a bar and ride a mechanical bull @ 78 RPM for a year-sober.
I’m sorry if I make a lot of jokes about all this, but dying is sooooo depressing! Jokes and April Fool’s day are far more important in the scheme of things. Besides, it takes your mind off all those dufus depression things that require serotonin reuptake inhibitors. Sounds like something Klingons used in Star Trek to prevent Scotty from beaming them up… Look! NCC-1701! Ugh! Garth! Take Serotonin- and be quick about it!
One of the hallmarks of a famous case from the early days of the CAVC (then the COVA) is name familiarity. When I first started researching why I lost in 1994, I looked first to the VA and there found the BVA decisions. From there I frolicked through nameless files and marveled on how it was done and why some (a lot) lost. The word Caluza vs. Brown (1995) popped up fairly frequently. With it was always the pronouncement that a Vet needed three things to win. Ah! The magic handshake? No, a nexus letter.
This was my ephiphany. Something so simple I had never considered it. All these years I thought you went in, wrote it all down and they gave you your money. My DAV dude didn’t tell me about this. In fact, my AMVETS guy didn’t either. Here I was deep into round three with the MOPH and I was just now discovering the Rosetta Stone. The funny thing about this is that when I asked my representative about it, he blew up like Foghorn Leghorn: “Nexus letter! Nexus letter? Why of course you have to have one. Jez. I say, I say Everybody knows that, son.”
If I had not found this, there’s a better than even chance I wouldn’t be here telling you about it. Three VSOs and strangely not one said the magic word “nexus”. Which brings us to one Mario G. Caluza. Mr. Caluza was a participant in the Big One-a member of the guerilla service in the Philippine Army.
Mario had some records issues. I can commiserate with him. In war, records go missing or are abandoned. Lots of mine did. His exit physical SMRs in 1945 were silent for any musculo-skeletal issues. In fact, a 1947 affidavit he signed reaffirmed no injuries in service. Seems like 1947 would have been as good a time to pitch a bitch as any if you were wounded.
In 1970. Mr. Caluza showed up at the Manila RO and filed for a right “foot” injury ostensibly incurred in service. He got even more specific and said it was in the middle of the right foot and he had been treated “for a few months” at an Army base afterwards. His doctor disagreed and said he suffered from “Rheumatoid Arthritis, knee and ankle right, and hypertension, moderate.” Nothing like submitting a nexus that contradicts what you’re claiming, huh? VA denied and that was the last of that claim.
In August of 1987, Mr. Caluza returned with yet another claim. This time it had matured and become a “1943 shrapnel wound to the lower right leg.”Miraculously, he had found several of his comrades from that time and they dutifully confirmed that he had been injured, named the appendage, the mountain pass where it occurred and date of the injury. He even had an undated wannabe nexus letter from a doctor saying it might have occurred during the war or shortly thereafter.
Eleven months later in July 1988, the RO denied again. No new and material evidence was the reason this time. Mario immediately trotted out two “new” buddy letters from his platoon mates. This time they really got specific and even said a doctor they knew had treated him from 1970 to 80 extensively. He even had a July 1958 medical certificate signed by a Dr. Martinez, which diagnosed “[g]eneral debility and [p]ain in the right leg due to an old wound in the left [sic] leg”. This was getting more and more pathetic by the moment- or should I say by the doctor.
The VA reopened this two months later in September 1988 and denied again for very obvious reasons. However, being polite, they didn’t call him a liar. Mario immediately fired off his NOD and got right on his Form 1-9 as they were known then. Appended to his appeal was more new and material evidence. New notarized letters from yet more Vets he’d served with (honorably) corroborated his claims and named the battle. They testified that Mario got the silver BB from an enemy mortar round in the right lower distal shin between the knee and the foot. They even said “that he had been carried in a litter to the temporary battalion aid station, “where no official medical records . . . were ever prepared and issued to the patient”. Caluza v. Brown (1995).
VA wasn’t buying this. Seemed like most all of his running buddies had chimed in and they all said pretty much the same thing. In one last gasp, Mario found two more buddies. The new doctor weighed in and stated that he miraculously re-remembered that he had indeed treated Mario way back in 1947 and it was for a shrapnel wound from the service. Mario sure was lucky to find all these guys and the doctor should have been the final winner. Not.
The RO still wasn’t buying and sent it up to the BVA. They took one look at it, held their noses and gave it the thumbs down. By now half of Manila had testified that Mario was at Bessang Pass and had been clobbered by something metallic in either the left or right foot leg. The year and the leg were sketchy, but no less than six fellow combat Veterans were saying shit happens and three doctors, when sober, seemed to concur.
After the loss at the Board, Mario appealed to the brand new COVA. He got the standard single judge remand back to the Board for a redo with better Reasons and Bases for the denial. True to form, the BVA got out the art gum eraser, changed a few sentences and came to the same conclusion from Pittsburg rather than Indianapolis.
Upon return to the Court, Mr. Mario finally attained that which Norm Gilbert, Joe Fugo and Tom Caffrey are famous for- a precedental case. Unfortunately, that stardom also came with a loss, as it did for all the others. The Court ruled that Mario needed a “Caluza triangle” or three elements to prevail. Mario only had two. He had no record of this in service and what he did have was pretty shaky. He claimed he had an injury and enough nexus letters to sink a ship, though.
What Caluza really stands for, in my mind, is the presumptions that attach to a finding of 38 USC §1154-what is known as the combat exception. Mario should have gotten a bye on his testimony because he was a combat Vet. His real problem was way too much conflicting evidence, lack of evidence and a bunch of drunk buddies from the VFW standing in line to testify for him. The wound migrated from left to right leg, then metamorphosed from an “injury” to a shrapnel wound. It occurred in 1945, then 1943. He said he was injury-free in 1947, then said he didn’t understand the question when he signed the affidavit. About the only thing he didn’t claim was what the definition of “is” was. Then again, Monica Lewinsky hadn’t made her debut yet. She was still shopping for a blue dress. The Court didn’t quibble. They respectfully declined to disturb the BVA’s final decision.
Have you ever visited a movie set in Hollywood? Try the Universal back lot tour. They have a group known as “continuity”. These people are tasked with keeping the set exactly the same if the scene has to be reshot several times. All the silverware and plates on the table have to be in the same place each time. Every car has to be reparked exactly so. Mr. Caluza could have used such a continuity crew for his claim.
Another gentleman named Hickson was informed that he, too needed these three elements to win in 1999. This is where the term “Hickson elements” comes from. Arthur Hickson unsuccessfully defended himself pro se at the Court and got the royal treatment like Mr. Caluza. The Court even mentioned his name again, too. I often wonder why it is that all the big guys in VA history lost. Look at Bob Russell. Same fate. Of course we have a new pantheon of Heroes emerging for the 21st Century. Look at Leroy Macklem. There’s a name that’s slated for far more than Warhol fame.
So, gentle readers, there you have the exciting story of Mario and his amazing band of technicolor guerillas and doctors. In all the cases I have read, never has one man owed so much to so many for such a vast quantity of bullshit. Total recall doesn’t even begin to adequately describe it.
Attached in PDF are 30 pages of everything you need to file you jetgun claim. It is a compendium of everything wrong with them and why they can cause HCV and a host of other diseases. You may thank WGM in the comments section below when you win. He put a of of time and energy into this and then had VA blow him off in favor of sexually transmitted diseases. While a win is a win, I commiserate with him that they were too chicken to go head to head on this. The evidence here in conjunction with his 4 nexus letters was bullet proof. VA must have thought the same thing because they promptly charged off in what they thought was a safe direction to deny. Wrong.
I apologize for the extreme delay. I had a computer “misadventure” and no longer have a scanner function. I had to scan these into a thumb drive and then make the transfer. Everything made it in one piece except for his SSN and other identifying criteria. I deleted those for obvious reasons. Enjoy WGM’s hard work. He may have saved you days-even weeks of collating and finding info.
Some of you are rated for SMC-K at $99.00/month on top of any other rating. This may include a variety of disorders to include loss of one hand or one foot. It also is paid for loss of use of a creative organ as many of you with DM2 are aware.
The VA has started including vasoinhibitors as available drugs to help those with ED. Mycoxaphlopen (sold under the trade name Everhard)and Mydixadroopin (generic equivalent sold as Hardix) are now available by prescription. VA is also offering it as a sublingual (under the tongue) tablet. Here is the rub. By accepting this prescription, VA will drop your SMC-K rating as soon as the VHA communicates this to the VBA. This usually takes six months. I would suggest avoiding this by getting the prescriptions from private doctors.
We’ll keep you updated on any developments as they arise.