Claims Flow Chart 2011

Attached below is a handy little wallet sized guide to understanding your VA claims. I say wallet sized if you shrink it down to carry it or fold it up. If you have one of those magnifying glasses with the light built into a credit card size this works really well. For the rest of us heppers with a world of vision problems-not. You will notice what seems to be,at first glance, a virtually automatic denial at the  VARO level -actually is. We included the leisurely DRO scenic route for dreamers and believers of stories that start out “Once upon a time…”. It leads to the same Egyptian river but consumes another valuable year of your life before you start down the regular appeal path.


     The Remand and Yes paths are drawn uphill  because they travel very slowly. There is no impetus to give money away to welfare cheats and Vets. The denial path goes straight down very rapidly because thats where 85% of  them end up. 

     The Supreme Court path depends on if they really want to hear it. Most times they don’t so it can end rather  unceremoniously at the Federal Circuit. The VA Secretary has the right to appeal your win at the CAVC up to the Fed. Cir. or the Supreme Court.  So, just because you win at the CAVC doesn’t mean VA is finished with you.

     A remand does not imply a win. It means they screwed up and have to do it over again. That can mean another denial under a new ruling and the appeals process starts all over again brand new. Seem like a circus? It is. An incredibly slow, boring, dull circus with a lot of clowns mouthing the word “No!”. 

     A win, on the other hand, often can result in a lollipop with no lickable lollipop attached to the stick (0%). When that happens, you start the appeals process all over again for an increased rating unless you were smart enough to ASK for a “compensable” rating in the first place. 

      The Appeals Universe is a dangerous place to be for the novice. There are  Black Holes that can make appeals stretch out into light years. That’s right, Joe Veteran.  You don’t want to go there without your new, patented Claims Flow Chart by Noodledude from the Speigal catalogue -Chicago -60609. You’ll always know where you are and where you’re heading with one of these. Get our new, improved CFC365 version with on board GPS for accuracy to within a year for just $99.95 more! Take the guesswork out of your claim. Amaze your Vet friends. Group discounts are available for VSOs.                                                                                                                                                                                                                 
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VA End of Life Hospice Care

Report: Vet on Death Bed Ejected by VA

April 02, 2011

The Virginian-Pilot

HAMPTON — The Hampton VA Medical Center inappropriately discharged a terminally ill veteran from its emergency room and failed to provide him hospice care requested by his wife, a federal investigation has found.

Investigators from the U.S. Department of Veterans Affairs’ Office of Inspector General found that staff members at the Hampton center were unaware of a VA policy requiring that end-of-life care be provided when veterans and their families ask for it.

The investigators’ report, issued Wednesday, came in response to a confidential complaint about the treatment of the veteran, a man in his 50s, who came to the center in August ill with lung cancer that had spread to the brain.

Over three successive visits to the emergency room, the man’s condition steadily deteriorated. By the third visit, he was weak, confused, incontinent and required help from VA staff to get out of his car.

His wife told the staff she was having difficulty managing him and could no longer care for him at home.

Nevertheless, the emergency room doctor discharged him, saying he did not meet the hospital’s criteria for acute-care admission. When his wife asked about hospice care — which focuses on allowing patients to die with dignity, pain-free — she was told no hospice beds were available.

She took him home but, even with the help of a family member, was unable to get him out of the car. She called 911 and paramedics took him to a local private hospital, where he was admitted.

His doctor there contacted the VA and requested hospice care. The veteran was scheduled for admission to the VA’s hospice unit five days later.

Two days before the scheduled transfer date, he died.

The investigators found that the VA emergency room doctor did not do a complete evaluation of the veteran before discharging him, failing to document the significant decline in his condition the past three weeks. They also found that the VA staff missed numerous opportunities to initiate hospice care.

The investigators were unable to substantiate allegations that the veteran and his wife were treated rudely by the staff or that four hospice beds were available on the day of the veteran’s last visit to the emergency room.

In response to the investigation, the Hampton center has provided training for its entire clinical staff in the VA’s end-of-life care policies.

“The Hampton VA Medical Center takes great pride in its state-of-the-art palliative care facility and dedicated staff,” said Jennifer Askey, a spokeswoman. The facility’s emphasis is on “honoring patient and family choice,” she said.

© Copyright 2011 The Virginian-Pilot. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Wow, I guess the VA will have a hard time trying to sweep this under the rug. Or will they? Every time this happens, they trot out the standard rejoinder. “We are providing training to our employees to avoid a recurrence of this unfortunate incident.” An unfortunate incident would be if your scoop of Haagen daz ice cream  fell off your cone into the dirt. An unfortunate incident might be correctly picking all but one of the Powerball lotto numbers. However, an unfortunate incident  should never entail losing your spouse. 
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processing time limits?

RDMURPHY
Registered: 07/31/10
Posts: 49
03/31/11 #1

Awaiting decesions on multiple secondary claims related to hep c and transplant. Va says the claims are in the development stage, all physical information received by VA 9 feb2011. Yearly bene statement now shows me permenatly and totally disabled  did not last year is there a time limit for processing secondary claims? Houston regional office
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NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
03/31/11 #2

I love the brevity of men. No offense intended, sir. You have condensed your message down to its most essential component. Women tend to expand rather than contract. I can always discern the difference without having to retreat to the profiles section to determine your gender.


     What we need in order to ascertain what you desire is more info. You are awaiting decisions on claims secondary to Hep. Has the hep decision been made yet w/ respect to SC? Any downstream secondary claims rest on that premise so we ask for clarification’s purposes. You mention a yearly benefits statement yet we are not acquainted with such a beast. Is this something related to less than a 100% rating or is it of pension vs. Compensation origin? If you are P&T, it follows you would be 100% schedular or more and be receiving monies   commensurate with a 100% rating .

     There is no time limit for processing any claims with the VA. I have read about some which have dragged out for four or five years in the initial development stage due to additional information submitted and /or searches for PTSD stressors. All this before an appeal, mind you. My second attempt to summit Mt. VA in 2007 was 16 months from 2/07 to 7/08. The PCT (secondary) from the same claim stream went on until 10/08 before resolution. 

     VA is inundated with claims from Iraqi and Afstan Vets. It’s no wonder they are in the dog house for delays in adjudication. If the new info for secondaries was submitted in 2/11, do not be surprised if you don’t get some acknowledgement that they received it before 7/11. A decision on the merits may still be another 6 months after that. Have you signed up for Ebenefits yet? You can keep track of it on that venue-or so they say. If you need more info on that, shoot us back a query RFN and we’ll show you how. If it ever works as advertised, Vets will suspect they’re in the info loop and feel less like cultured mushrooms in the basement. As with any government computer program, the first hurtle is to get it to work at all. Most are incompatible with the very people they aspire to serve. 

     The Ebenefits program and its orphan sister, HealtheVet , are inspired efforts that allow you to ostensibly view your VA files and medrecs from the VISTA medrecs. Reality is somewhat different. HealtheVet now allows you to see what meds you are prescribed and currently eating. If you are so forgetful that you have use their venue to remember them, you may find this epistle to be unintelligible.  

      We had some input about the Houston VARO last year. They appear to be capable of rational thought processes and possess GED equivalent educational documentation. One of our members received very decent treatment from them. Johnny59’s 10% Hep rating under DC 7345(1989) was upgraded to 60%, his cirrhosis under DC 7312 went from 0% to 100% and he also received 20% for DM2, second to the hep. When he was finished, we had him up to 190%. He is very ill and deserved it. Too bad VA made life a b*tch for him right up to decompensation. He has to be cancer free for several years in order to qualify for a transplant and that will be another ten months. He just underwent a TIPS procedure to relieve the portal gastropathy. This will turn his brain into oatmeal until he has the transplant. We all pray that won’t become permanent.

     Happy Birthday , Johnny. It could have been worse- like April Fools day. Get well soon, too.
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RDMURPHY
Registered: 07/31/10
Posts: 49
04/01/11 #3

Thank you for your speedy response, sorry for the brevity, just how I am. I am s/c for hepc, transplant and depression, currently rated at 100%. filed for multiple secondary claims in response to an attempt to reduce from va. They have admitted reception from qtc on feb 9 2011. the va doctors at audie murphy have actually been quite haplful in stating my secondary problems were directly connected to hepc. as for Johnny59 I know what he is going thru, had a tips procedure prior to transplant, as long as he controls the ammonti levels it is bearable. i was to far gone for tips to help me, i hope it helps him. NOD is godsend to our uniformed brothers and sisters for the information and support you supply. As for houston varo in all fairness to them they have treated me fairly, if very slowly in the past. I will happy to share my experience with tips and liver transplant with anyone who might need it. THANK YOU.
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cdneh
Registered: 01/20/11
Posts: 44
04/01/11 #4

I for one would be most interested in hearing about your transplant/tips experience. My husband is headed for that in all likelihood down the track.I agree totally. NOD is an absolute godsend.

__________________
donnelly.kate@gmail.com

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RDMURPHY
Registered: 07/31/10
Posts: 49
04/01/11 #5

as for the benefits letter I am unsure why, however I have received a statement of benefits from va every year since 2008. It lists what level of disability I receive, S/C, if I am unemployable ETC. This year the letter shows me as totally and permenantly disabled, however no change has meen made as far as retroactive payment or date of dasibility. I hope this means positive things for my family. sorry I did not post this with the first reply.
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NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
04/01/11 #6

     Mr. RDMurphy brings up an excellent point. The VA is renowned for pulling you in for a new exam every few years to determine if reducing your rating is appropriate commensurate with your symptoms. There are rules and regulations prescribing how it shall be done and under what circumstances. If, for instance, you have a brain fart and forget to attend the dog and pony show, your reduction will be automatic. They must wait 6 months to institute this reduction in order for you to prepare for the financial shock. I suppose that also allows you to get your act together and start a defense by filing a NOD.


     For those of us with Hep., the road is a little rougher. VA always contemplates a reduction as soon as you have a transplant. They try not to be too obvious and allow you time to recuperate, but the unadulterated truth is they are sharpening the pencils and ready to misinterpret anything you say. Vets regularly say positive upbeat things to their doctors when they are having a good day. Saying the same thing to a QTC examiner can be fatal to your wallet. Obviously you will be feeling better following a transplant. That goes without saying. Communicating this joyously to the QTC examiner results in his/her annotating that you are a latter day Lazurus, recently returned from the dead. VA will take this good news and “construe” it to mean they can now reduce you from the former 70% w/ TDIU back down to 40% without.  You, of course, are still a doorbell’s distance away from decompensation and hardly prepared to rush out and seek work. Nevertheless, this is how VA envisions it. 

     I severely doubt the “examiners” at the VARO who come to these misguided conclusions are evil and uncaring. They work from a book (M-21) which dictates their choices. We all know that each Vet’s circumstances differ depending on a host of variables including the plethora of secondary ailments too numerous to mention here. To arbitrarily reduce a Vet on one set of criteria without viewing the disease process in its totality renders a decision both flawed and arbitrary. It can take months, sometimes years, to correct these inequities. 

      So, today’s teaching moment obviously is- Do not miss your VA C&P exams. If you do, immediately contact them and ask for a do over. Don’t let it fester. I know whereof I speak. I missed a hearing exam in 1994 and it cost me Tinnitus (10%) for 13 years. For those of you without calculators, that was about 
$15, 368 dollars with no interest. Chump change you say? Well, in my former life when I had a good job and ample $, that would have bought 10 really nice bottles of 1945 Château Lafitte Rothschild. Everyone knows they are rare and hard to find. What few know is that it is unarguably the finest vintage since 1918. I don’t drink now so that’s a lot of pee under the bridge. Besides, I can ill afford it. Making the mortgage payments on time is the most exciting financial aspect of my new life. I’m sure some of you can equate with that reality.

      The legal posture says they cannot change your rating after 5 years. It is considered “protected”. Likewise, after 10 years of P&T, your spouse is protected and will receive DIC. If you perish prior to the 10 year date, your spouse can still qualify. The codicil is that you must have died from the service connected disease you are rated for. If you’re rated for hep. and die from hemorrhoids prior to the 10 year mark, you lose. All your spouse gets is a really neat flag and a burial allowance. And before you get all teary eyed and blubbery, the burial allowance wouldn’t cover a decent cremation for your pet hamster. 
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RDMURPHY
Registered: 07/31/10
Posts: 49
04/01/11 #7

good morning kate. wish you and your husband well. my tips procedure did not help me due to my advanced condition at the time. It may help your husband. as for transplant this sounds corny but it is important to keep a positive attitude before and after sugery. it helped me greatly. Unsure if you are awaiting transplant with va or civilian doctors, but there has been a change in how patients are rated as far as priority. in 2007 this probobly save my life when they started using ‘meld’ scores to determine transplant priority. Hopefully the tips procedure works for your husband and buys him time for transplant. If you go to transplant and get thru the first 90 to120 days without complications your out of the woods. Have hope, next generation treatment for hep c is coming out  this year, hopefully much better than last batch.  my sugery was in 11/07 and I am still here. Hang in there
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cdneh
Registered: 01/20/11
Posts: 44
04/01/11 #8

We will, and thank you 🙂
We are waiting to hear back on the MELD score, they ran that the last time we were in.__________________
donnelly.kate@gmail.com
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multiple claims?

victim88
Registered: 07/27/09
Posts: 14
01/03/11 #1

after filing for service connected hcv- 04/07 and being denied, (no evidence of hcv or treatment for hcv during military 77 – 88) file currently with american legion/bva in washington dc for appeal.my military medical records reveal a long history of headaches due to a slip and fall at booth camp, these headaches continue to this date, after years of headaches and many hospital visits, a neurologist stated cluster headaches.  i’ve had these headaches for so long i forgot how they started, anyway should i file a claim for compensation due to military related headaches that are clearly documented in my military records, and plenty of medical records after service.  after being advised of the long wait for a decison from the bva regarding service connected for hcv, would it be feasible to file for service connected for headaches?

thank you  for your support

ci5od

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NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
01/03/11 #2

You have two different subjects you are dealing with here. Don’t confuse them. Your claim for HCV really shouldn’t take forever. The BVA was crowing last fall that it only takes 155 days from receipt of a certified claim to completion of adjudication. We all know better and don’t subscribe to the Tooth Fairy’s newsletter or the Flat Earth Society magazine . Nevertheless, it doesn’t take eons either. From date of receipt of a certified claim in D.C. it shouldn’t take more that a year to docket it and receive a meaningful resolution. If a remand is included, that can stretch it another 8 months or more. If the claim cannot be easily resolved or the AOJ screwed it up royally, of course it will  take longer.


     As for the headache claim, that is a completely different animal. As the VA works with a paper file system, they will have to halt adjudication proceedings in D.C. to make a copy of your C File and return it to your local VARO in order to begin your headache claim. If you wait, your effective date of claim (the day you file it) is later and later. Delay means less $ for you or at least a later date when your compensation will begin. It really is not tied to any appeal or legal action pending now or in the future in D.C. If you have documented evidence of this in your contemporary medical records your claim may well be decided at your local VARO rather than require an appeal. The whole claim will hinge on that doctor’s nexus though. If it is couched in the wrong terms, all your time and energy will be for naught and you may end up in an appeal. Everyone’s circumstances are different. If you were injured in the service and your medrecs reflect it, this claim should be a slam dunk. Although we are not Legalzoom.com, we do have all the info you need to do it yourself. Involving a VSO is required if you need someone to hold your hand. After all, they are just going to be your mailman to the VA. If you get any meaningful legal advice from them, you may want to immortalize it electronically and share it with us on Nodtube. 
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victim88
Registered: 07/27/09
Posts: 14
01/04/11 #3

bless you all for all the support given,yes my military & civilian medical records reflect my long history of headaches after boothcamp, also my neurologist provided a somewhat nexus stating my present condition and past military connection. i filed this claim for headache &  provide copies of my military medical records reflecting my slip & fall & headaches also the above mentioned nexus.  my plan is to win this claim for headaches, while waiting to win my hcv decision with the bva.

this is a question regarding my third discharge: 85 – 88

OTH-pattern of misconduct, -88 UA,unauthorized absence- 79,
alcohol abuse/ARC -87

my only defense is the chronic headache pain, that right “severe headaches l missed work, alcohol consumption seemed to work for a little while, but then depression, more headaches never ending pain from the headaches”.

question is would my defense of chronic headaches be a plausible excuse for bad behavior? missing work, alcohol consumption, presc/drugs?

thank you for your support

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NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
01/04/11 #4

     I guess the burning question we have to ask is quite simple. Was your third period of service  under other than honorable conditions-to wit: either an Undesirable or the Big Chicken Dinner (Bad Conduct Discharge)? The reality here is that your injury occurred during boot camp which we presume was your first period of service. If your discharge for that was under an Honorable or even a General Discharge, you would still be eligible for compensation . The way the rules read is quite simple. If the injury occurred during a period of enlistment that was considered to be dishonorable, then you lose any entitlements. However the service you served in bifurcates your time into two separate categories if you have “issues”. They usually state that your service was honorable from X to X2 and under less than honorable from X2 to Y. This is usually followed by your summary parting of the ways unless you become their guest at Leavenworth for some hard time.


     It would appear you have 3 different enlistments with some dead time in between. This being the case, it has to be assumed that Period A and B were under honorable conditions. They would hardly allow you to reenlist if you had a poor track record. If period 3 is also under honorable conditions, then you have nothing to worry about as far as the headache claim goes. Even if it is bifurcated into a good and a bad period, the injury still occurred during the first enlistment and is thus protected. 

     The issues of alcohol or prescription drug abuse may plague you on your hep claim, though. VA will often catastrophize those events and portray them as the precursors to risk factors that are willful misconduct. We have seen VA’s marked propensity to view any event of a negative nature in the worst possible light. Be prepared for this with a game plan and evidence to refute it. Forewarned is forearmed in Claimsworld.
     As for support, we pay it forward for all those who aimed us in the right direction. It’s the very least we can do for a brother or sister in arms. We’re sure you would do it for us if the tables were turned.
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marlinanddiane
Registered: 05/20/10
Posts: 27
03/11/11 #5

Started Interfron lasted 6 months,  doctor stop treatment because of a 3 lung infections, now think he has MS disease also. Could Hep C cause this also. Still waiting for doctor statement from Va. Does anybody else have this with there Hep C
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NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
03/11/11 #6

One would think that being on Interferon would make you immune to almost anything and everything that comes along. It excites your immune system into attacking the HCV. If you have an underlying autoimmune disorder, it can have  unpredictable results much like napalm on a house fire. Often the body will attack itself in addition to the hep. Google autoimmune diseases and see what you come up with concerning MS. I found this:  


 In MS, the body’s own immune system attacks and damages the myelin.     

      Now, I have no M.D. after my name , but it stands to reason that any time the body attacks itself, it fits the definition of an autoimmune disease. Getting a lung infection while on a hyperdrive motivator like IFN seems incongruous on its face. There must be more at work here. I have no knowledge or training to give meaningful advice. I suggest you discuss this facet of the drug with your gastrodoc. He should be knowledgeable about this insidious reaction. Mine wasn’t. He knew I had Crohn’s and decided to hose me with it anyway. It almost killed me the first time out. Trust no one but yourself when it comes to medicine. A doctor’s opinion is often just that- an opinion. Remember, the shingle hanging  outside their door advertises that they practice medicine. I never see one stating they perform it. Until that day, I will read the small print on the medicines they prescribe me very thoroughly. It would have saved me several years of illness and four operations. I am truly sorry to hear of your travails. I personally believe they will come up with a viable cure for hep some day. I suspect it will involve a drug that envelopes the disease and effectively keeps it from doing any harm to the liver. IFN is like an iron bomb vs. a smart bomb. It sometimes works if it hits the target, but can have spotty results. It was not designed for everyone as we can clearly see now. Too bad we are the orphan child to HIV. They seem to get the lion’s share of the medical funding. It must be more “cool” to have that than HCV. Well, that seems to be Hollywood’s current take on it. Wait ’til Charlie S. comes down with it and then we’ll all be in high cotton, medically speaking. 
 
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AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
03/12/11 #7

My brother has MS and Interferon, had he chosen to go that route, was a recommended form of treatment.  He decided against it because 20+ years ago when
he was diagnosed, it was the mild form of MS.  He has been in remission since, yes …
he has shown hiccups along the past 20 years but all in all, his mind and attitude is positive and when they told him he might never walk again 20+ years ago, he proved them wrong.   

I envision the future miracle cure for HCV is something along the lines of a substance, agent or medication or maybe all of the above that when ingested or injected will go after all those little buggers, scoop ’em up like Dawn dishwashing detergent grabs hold of the oil in the water.  Then, the encapsulated packet of little buggers exit the body….how, I think you can imagine the exit procedure without me going into detail 😉

My husband has been through 3 courses of IFN treatment, to what we always thought was to no avail…..however, had he chosen to go the “no treatment” route, his liver more likely than not would have done an about face and failed him long ago.

As NOD says, these are decisions and discussions for the gastro doc.   Everyone’s reaction is different, we are all unique …. I wish you well, and if you need a supporting hand or in need of any assistance we can provide, we stand ready to do so.   

You are not alone ……,

Support and Good Wishes
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38 C.F.R. § 4.112 (2009)

NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
01/25/11 #1

 When a Vet finally get service connected for Hep, he/she often ends up going back to the RO for a rating on it. This is based on one’s medical records, or, if they are lacking, a new exam for C&P to be up to date. If you won at the BVA level, you are usually 2 years sicker than you were when you appealed and 3 years down the road from your initial filing. 


     When you attend this little shindig, you would be well advised to prepare for it. VA will note what you are wearing, whether it is appropriate, your general hygiene, and your general appearance (haggard vs. well tanned and red rosy cheeks). They will annotate your sensory perception, any depression, and your general demeanor. 

     Some of us men go in and tell the examiner everything is fine, that they feel a little “off” but can mostly handle it. This is the macho response and is absolute anathema to the claim. You will read all about it in the claims rating document. “Patient denies fatigue, nausea, vomiting, general malaise and weight loss. Claimant’s description of his health was “Good to go”. Based on the above, he is hereby rated at 0% noncompensible due to no major ailments.” 

     While we have heard of some claimants using black eye shadow to enunciate dark circles under their eyes, FD&C #2 Yellow food coloring in their eyes and wearing loose-fitting clothing and complaining of weight loss, be aware of the following.

     38 C.F.R. § 4.112 (2009) deals with the weight loss mentioned in DC 7354. Specifically, the mention of minor weight loss versus substantial weight loss. These are important phrases. VA, either by requisitioning your private medrecs, or by researching your VA generated medrecs, will be able to ascertain what you normally weigh, what you weighed 2 years ago and whether you are gaining or losing weight. Your story, or version of events, has to correspond with VA’s unless you have been adjudged non compos mentis.

Additionally, when the Vet requests the leap from 60% to 100% for hep c, he/she often doesn’t understand the requirements. Simply stating subjectively that you have “near constant” debilitating symptoms does not rise to the level of evidence. A doctor must make this pronouncement before it has any gravamen. Note #2 at the very bottom of all the ratings info on DC7354 also clarifies the definition of “incapacitating episode” to mean:

Note (2): For purposes of evaluating conditions under diagnostic code 7354, “incapacitating episode” means a period of acute signs and symptoms severe enough to require bed rest and treatment by a physician.
     I cannot tell you how many Vets have beached their claim on this requirement. Notice if you will the word “and” between bed rest and treatment by a physician. VA has taken that one step further in pursuit of semantic excellence. Now, Vets will discover to their chagrin that if their doctor hasn’t specifically prescribed bed rest, they don’t qualify for the highest rate. The average disinterested observer might misinterpret the “severe enough to require bed rest” phrase to mean it’s a subjective choice determined by the patient. Au contraire, ma cher. Nothing could be farther from the VA truth. Lacking that one innocuous phrase by your doctor will render all your time and hard work meaningless. Don’t let that happen. Make sure your doctor includes the exact phraseology employed in the Diagnostic Code. To wit:

With serologic evidence of hepatitis C infection and the following signs and symptoms due to hepatitis C infection:
  Near-constant debilitating symptoms (such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) 100
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AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
01/25/11 #2

Nod …. Thank you for another very informative piece of information.


I shall share my experience with my “everything is fine, he is my hero” Veteran husband.  It’s difficult for anyone who is battling HepC, and especially a man, to admit to anyone, not even to himself that he is tired.   Tired enough to find himself (or herself – we are women, hear us roar) taking naps throughout the day just to make it from sunrise to sunset.   THIS is VERY important to tell your doctor about, not just for treatment purposes but for your claim also.   If it’s not in written words, it didn’t happen.   

It took a very “long while” for my Veteran husband to admit that “yeah, I’m a heck of a lot more tired than I used to be, yes, I do take more naps and much more frequently than I ever did before”  — Prior to his dx and then 3 rounds of treatment (for that alone he is my HERO, without a doubt) he was Mr. Happy aka:  Mr. Energy  aka: Mr. Positive aka:  Mr. Live Life to the Fullest … not to say he isn’t most of those some of the time now, he is …. but…….he is no where near the same guy who used to jump out of bed each morning with the zest of a 13 year old on summer vacation who could not wait to ride his bike and play baseball with his buddies until dark.   

It wasn’t until he finally told his doctor “yeah, I feel beat up most of the time, no where near the energy I once had, fatigue is constant but I try to fight through it” – basically, he had to come to grips and the reality of okay, just because I’m admitting these symptoms, it does not mean in any way shape or form that I’m admitting defeat or that I’m weak.   Heck, he made it this far — think about it — 116 weeks of IFN and Ribavarin — he isn’t giving up … he isn’t giving in … he finally just admitted he was feeling weak, tired, fatigued, etc.  His doctor said to him “Sir, take those naps, you need them, don’t feel guilty, not one tiny ounce of guilt. You are not giving up, you are not giving in, you are becoming active in your treatment.”  His doctor needed to know this — and he was willing to write it down in his chart and wrote him a statement for the VA — take those naps, you need them, take as many as you you need and I’m ordering you to do so.   It’s the way it is, accept it and move on.  

He was recently granted 100% schedular for HepC after an 8 year back and forth with the VARO and BVA…..and, ultimate acceptance for the life he has now, to which he will enjoy and live every minute to the best of his ability without sacrificing his ego or his health. 

I can’t stress how important it is to any Veteran to get this information into their medrecs.   Period.   You can’t get to 100% without being this ill, and you for certain will never get to 100% if you don’t have it in writing — Prescribed Bed Rest.

AzeeJensMom
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VAOPGCPREC 9-97

     A funny thing happened while I was searching for new ways to help Vets. I hear horror stories regularly about  Vets who submit claims, sometimes followed by new evidence after a denial. One of the hallmarks of the VA is to ignore you or misinterpret what you are filing or complaining about. How many adverse decisions have you read where the BVA or the RO says something along the lines of “the claimant’s communication was interpreted to be a request for an increased rating” or some such drivel? Most Vets are not conversationally challenged. If you submit a claim for something, it is invariably in English and succinctly informs VA of what it is you seek. The VA, unfortunately, is  grammatically incapable of absorbing what you ask for. No matter how well and clearly you couch your terms, the RO will manage to hamburger your intentions, thus causing interminable delay in correcting it. If I didn’t know any better, I would suspect it was a ploy to obfuscate the issue or frustrate the claimant. Unfortunately there is no prove of that.


     Secondly, when you do finally get their attention and clear up any misconceptions, you will discover yourself humming Alex Trebeck’s immortal theme song for a lot longer than 30 seconds, often resulting in laryngitis. What I am getting to is that there are occasions, increasingly more frequent, where the VA simply allows your claim to fall through the cracks. Frustrated Vets often walk away from this system in disgust assuming their claim is inconsequential or just denied. By the time VA gets around to dealing with it you probably have moved and your mail is not being forwarded. Hence the claims is dropped for failure to respond.

     In a more perfect world we file a claim. Reality, for the most part, dictates it will be denied for some arcane reason at the AOJ level. Most Vets at this juncture submit new evidence to buttress their claim(s) if they have any. Some submit the evidence as they initiate their appeal via their NOD. VA will, eventually, mail you an SOC telling you you have 60 days to mail in a Form 9, or, in the alternative, the rest of the year following the date of mailing of the adverse decision to do so. This is where the cracks develop. Often they fail to look at the new evidence you submit. They proceed to the BVA and you have to resubmit it there. An increasing number of claimants submit the new evidence and then await a readjudication at the RO rightfully assuming there is no need to appeal it as the RO is going to decide it. Here is where your claim goes into the deep freeze. 

     When you submit new evidence within the one year period [38 CFR 3.156(b)], VA is required to issue an SSOC addressing the new evidence. Their failure to do so puts your claim on hold. This situation continues until they act and issue the document. It makes no difference how long this sorry state of affairs continues. Your original claim, even one back to when you were discharged, is still viable unless and until VA acts on it. The judicial landscape is littered with these incomplete actions. Veterans would be well advised to examine old denials for errors. Assuming you can prove your claim, an old filing in 1985 that was improperly addressed can be worth hundreds of thousands of dollars. Calm down. The government does not pay interest on their errors, but it does add up.

     The improbable vehicle for this conundrum is VAOPGCPREC 9-97. It was issued on February 11th, 1997 in response to a query by an RO about how to adjudicate a claim where a rater had wrongfully denied a Vet and needed guidance on how to rewrite the denial. The head witch at the General Council’s office, Mary Lou Keener, actually helped us all immeasurably with her response. In essence, the VA OperationalProcedure General Counsel PRECident stated that if VA does not, will not or cannot issue an SSOC before the one year statute of limitations runs out, that the Vet is still afforded 60 days from the date of the issuance of said SSOC. What it also did that is of even more import, was enunciate the legal requirement to issue the SSOC following the submission of the new evidence in no uncertain terms. VA had been    noticeably remiss in their obligations regarding this over the years. It started popping up in one BVA decision after another shortly after its issuance- all the more evidence of VA’s culpability and effort to derail claims.
     Witness just a few of the decisions I found without having to dig very deeply:



     The site address for the General Counsel Precedent is:

     I doubt VA will be sending us a thank you letter for being so helpful and informative of Veteran issues. It may have the unfortunate effect of causing a large number of Vets to reexamine their claims and discover they are still viable. If this results in even one Vet finding a discrepancy in his/her claim and getting justice long after it is due, we will feel vindicated. As the VA is so fond of saying(regarding CUE claims): “Justice delayed is NOT justice denied.” Let us hope this comes back and bites them on the proverbial butt. Vets deserve much better in an arena that VA purports to be “a non adversarial venue for claimants”. Amen


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How/ Who gets Nexus

drdigger
Registered: 10/08/10
Posts: 2
12/24/10 #1

I am a veteran (72-76). I have reopened a case asking for disability compensation for Hep C. After the VA told me that “Sorry, All we can do now is keep you comfortable and in your own home as long as possible”, I found a very well known Dr. that could help me. He has agreed to write the Nexus or be my Nexus. My question is, who gets that statement from him. As he has some experience in this area I asked his Nurse and she said that the VA would send him the paperwork.That also applies to the VA Hematologist that took me through the treatment and my Primary Care Dr. that treated me during the process. Neither is with the VA at the present time (One retired and one left for private practice in a warmer climate).
As I am completely at a loss in this (side effects from the TX) all assistance would be greatly appreciated.
Thanks
Drdigger
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NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
12/24/10 #2

Dear Sir,VA is full of it. You can file for comp. as long as there is fog on the mirror under your nose. You and only you are responsible for obtaining this all important document. VA will supply one for you in the event you arrive at the rock/paper/ scissors contest without one. However, it will not be in your favor.Writing the nexus letter is part of a three legged stool. You need: 1) Hep currently; 2) Hep in service or, in the alternative, documented risk factors to support a presumptive risk for it while in service; and 3) the all important nexus letter. The requirements for that letter are many and onerous. The doctor(s) writing it must state that he/they have reviewed your military and medical records (contemporary as well as private ones after service), rule out any other intercurrent causes and state with a 51% probability that the hep is “at least as likely as not” related to your service. He has to discount any other risks that may be in your records. A liver biopsy will often show the age of the disease and it is a good yardstick to buttress a nexus. There obviously are other minutiae that are needed but the above is the general gist of what you will need. That will entail your retrieving your medical/military records from the NPRC in St. Louis. Look to the column to the left for instructions on how to accomplish this. Get started pronto. There is a horribly long wait right now due to the large number of Afghan Vets in the VA pipeline. Every time Uncle Sam starts a war, VA has to gear up to do a land office sized business. Unfortunately the funding lags far behind. Let us know if you need more info. That’s our stock in trade to pay forward. Thank you also for your service and we hope you holiday season is bright and cheerful under these unfortunate circumstances
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vso/american legion rep

victim88
Registered: 07/27/09
Posts: 14
12/08/10 #1

if american legion has your file on your behalf regarding appeal to bva, would that time also be considered retro pay?  ex. file remanded nov 09, file received bva nov 10, file currently with american legion docket system year 05, possible 12 months delay for review and legal briefs prior to submission to court/judge for final decision?
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NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
12/08/10 #2

You have lost us with your terminology. You are stating that AMLEG has your POA (Power Of Attorney) and is representing you on an appeal before the Board of Veterans Appeals. That much is clear. We are unfamiliar with the term or concept of “retro pay” where the VA judicial system is concerned. “ex. file” is another term we are not versed in unless it involves David Duchovney. Perhaps you could be more clear in what it is you are asking. If a file is remanded, that means it is sent from one court of appeals to a lower court or back to an Agency of Original Jurisdiction (AOJ) for more development.A file cannot be remanded from the AOJ to the BVA. The BVA remands cases regularly to the AOJ via the Appeals Management Center (AMC). The Court of Appeals for Veterans Claims (CAVC) also remands cases to the BVA for legal insufficiency.

     It would seem you are also saying your claim is with the AMLEG docket system year 05 (2005?). We at AskNOD are really in the dark on this one. We were not aware that AMLEG has a docket system set up or what purpose it would serve as they are not part of the judicial system. If your claim lacks some of the Hickson elements or what is known as the Caluza triangle, then the VSO (AMLEG) may try to obtain the missing info to buttress your claim. If they have been engaged in this pursuit since 2005, as you imply, then something has gone haywire. They would ask for a delay to accomplish this, but not 5 years. Taking even a year to do so would strike us here as gross incompetence. Any info your claim lacks should be able to be assembled in short order (i.e. private medical records, buddy statements, medical examinations, etc.) AMLEG legal beagles, if they really have any, could do this in three months.
     The BVA says they are currently taking 155 days to adjudicate a claim from date of receipt from the AOJ-not counting any time while the files are in the hands of the VSO representing you. If your claim was properly supervised and all pertinent info supporting your claim had been filed prior to certification to the BVA by your service officer assigned to your claim, there should be no need for any last minute “review and legal briefs” as you are implying. However, if your claim arrived in D.C. without any preparation on your service officer’s part, and the evidence is insufficient to prove your claim, then it might take a year to glue it back together again.
     If you could give us a better idea of what it is you need to know, we could respond with a better answer. Try Dick and Jane speak We do speak legalese, but you have to speak it fluently for us to decipher it.

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AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
12/10/10 #3

If your question is:   If you win your claim, what date will  retro compensation be paid back to — ?

The answer to the question is — Any retro compensation due to the Veteran will be payable to the Veteran back to the date the claim was originally filed, unless of course it involves Agent Orange issues — then, it would be 1 year prior to the original date you filed your claim.
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assignment rosters

wekan1
Registered: 08/08/10
Posts: 4
10/21/10 #1

I was wondering if anyone knows if there is a way to get a roster of men who were assinged to a unit at the same time I was. I have a pretty goos idia when I was infected. we all recieved a flu shot in the fall of 72 then on new years eve that year I had the worst flu like symptoms that I can ever remember having and I know this is a symptom of the onset of hcv. I would like to find others that recieved that same injection
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NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
10/22/10 #2

My suggestion is to type in the name of the service you were in on a search bar. There are several organizations that have members that sign up to find old friends. Most are free. If it was a basic training thing, you should try to remember the name (or #) of your training squadron or regiment. The proper branch of the service you were in can point you to the right area to narrow your search. If anyone else has a better approach, please chime in. I’ve never attempted it but with all the assets available on the internet, its axiomatic that the info is somewhere.
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AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
10/23/10 #3

Which branch of the service were you in ?

There are more than a few “associations” – as an example, my husband served onboard a naval ship in the Maine detachment.   There is an association for the ship that he served on that up that meets ever year for a reunion … we went to one and that’s where we found one former ship mate who wrote a “buddy statement” for my husband.
Navy ships can be found on HazeGrey.org I believe, and as NOD mentioned …
As an example if you were in ABC Company, Division XYZ, Battaloion 123, Squad 456 … (please don’t quote or jab me for not knowing the correct “lingo” ) you might just come up with a message board for yours or a starting point to search from.   We recently had a phone call from a former ship mate that knew someone my husband knew onboard, my husband didn’t know the 1st guy but he called and needed some help with a claim for Agent Orange exposure.
The internet has made finding someone a whole lot easier.
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american legion

Author Comment
victim88
Registered: 07/27/09
Posts: 14
10/16/10 #1

  if new evidence has been submitted at the ro level, is refusal to review this new evidence a option for the ro? or just send the file to bva?
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AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
10/18/10 #2

Good Morning ….
I left you a response a few days ago to your question in the post you made on the CAVC decision forum.
As per this question, it depends on what process your claim is at whether new evidence is going to be reviewed at the RO level.  Did they state “why” they are refusing to review this new evidence?   A de novo review of your claim has already been done by a Decision Review Officer (DRO) ?  Is AmLg your Service Rep?
Thank you for your service to our Country.
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victim88
Registered: 07/27/09
Posts: 14
10/20/10 #3

thank you for your support,  dro/ro reason for denial, per feb 2007 decision to deny, stating no evidence of hcv in military records, even after acknowleging two separate nexus letter from two different gastros.
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victim88
Registered: 07/27/09
Posts: 14
10/20/10 #4

also yes the amleg is my rep, file in washington, it would appear my file has gone back to the 2007 docket and my amleg rep states they are currently working the 2005 docket.  imagine five years coming this apr 2011, and still with evidence to support my claim, i wait for a favorable decision.
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AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
10/20/10 #5

Thank you for the additional information.  This makes more sense to now.
Regarding “no evidence of hcv in military records” – HepC takes years to manifest itself into a identifiable infection.  A person can be exposed and a blood test would show that, but the virus may not be active and may not become active for years.   Years ago there was no standard of testing for HepC as it wasn’t even a blip on the radar until late ’80 ‘s and it was then known as Hepatitis-non A/non B … until it was graced with the letter C.
What your Nexus needs is 3 distinct parts –
1.)  Known and documented risk factor that occurred while on active duty,
2.)  Current diagnosis of HepC
3.)  The string that ties these 2 together is your doctors statement (Nexus) stating the risk factor is connected to the in-service event and on more likely than not basis is the source of infection …. you can find a sample Nexus to the left underFAQ.  This is also where you can scroll down to Print VA forms where you will find a list of the known risk factors in contracting HepC.
Not sure where you served or during what years but, there is one genotype that is a known risk factor if you served in So. East Asia.  Do you know what Genotype your HepC is ?  If you don’t have a “documented risk factor” in your military records, do you know what the source of infection was from ?   If there is no documented source of infection in your service medical records there are ways to prove risk factor.   Refer to the list to the left under Print VA forms for a complete list of risk factors accepted by the VA.
Now, if you get a solid Nexus in place, medical records pertaining to HepC and all of the ducks are in a row, this would be considered “new evidence” and it can be submitted to the VARO any time prior to the hearing for review.  Anytime you can avoid having to go through the appeals process its a better deal on time for you.  You should not lose your place in line on the docket either.   Not 100% positive on this but will check for you.
If AmLg is your Service Rep., you will need to submit these items to them to submit on your behalf.  I suggest if you continue with them as your Service Rep or change to another Organization or decide to wing it on your own like many of us have here, in any event, always make sure you get a receipt for the documents you are providing, send them Certified Mail/Return Receipt Requested, list what documents you are providing and keep a copy of everything for your own records.  We had a Service Rep who we turned everything over to the Svc. Rep (aka SO) and we continued to submit evidence right up to the SO just prior to the BVA hearing only to find out on the date of the hearing, the Svc. Rep never sent it to the BVA in DC.  Good thing that I brought a copy to the hearing.  The brown stuff the Judge threw on the Svc. Reps face didn’t smell so good.
Five years is a long time.  We have been at this for almost 8 and just received service connection for HepC by way of a BVA decision.  It took 4 years from the date the appeal was filed to have the hearing and another 2 since the hearing to receive the service connection.   Learned alot the hard way, had the ducks been in a row the claim may have never had to go the route of a BVA hearing.
I hope this helps you figure out the schematics of the process and what pieces you may be missing.  If we can be of additional service to you, please let us know.
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