Dr. Vet goes to D.C. without a Nexus

Posted on September 29, 2011 by asknod

Ever wonder what happens to your claim or appeal when you arrive without a nexus from your doctor? Or you become a doctor in your own mind able to diagnose strange diseases faster than a speeding bullet? Read on, Ladies and Gentlemen.

The Board notes that this is the only medical opinion on  record that deals with the etiology of the Veteran’s  hepatitis C.  The findings of a physician are medical  conclusions that the Board cannot ignore or disregard.   Willis v. Derwinski, 1 Vet. App. 66 (1991).  The Board finds  that the April 2006 VA examination is probative since he  reviewed the Veteran’s claims file and his opinion was  extremely through and detailed and reference available  literature.  Prejean v. West, 13 Vet. App. 444, 448-49  (2000).  In addition, the Board notes that there is no  medical opinion of record that refutes the VA examiners  opinion or the import of the available medical literature  discussed in that examination report.     The Veteran testified that the VA examiner had stated  erroneous facts, specifically, the mention of drug use and  tattoos.  He testified that he never used intravenous drugs.   The Veteran also testified that his diagnosis of hepatitis C  preceded his tattoo.  The Board notes that there is evidence  that supports the Veteran’s statement that his only tattoo  was received in 1995, subsequent to his diagnosis of  hepatitis.  Regardless of any mistakes regarding the  examiner’s mention of tattoos or drug use, the examiner’s  opinion against service connection still stands,  uncontroverted by any other medical evidence.  While the  Veteran has testified that his hepatitis C was due to the  immunization guns used in military vaccinations, the Veteran  is not competent to provide medical testimony as to etiology  of a condition.  The Board notes that a layperson such as the  Veteran is competent to testify in regard to the onset and  continuity of symptomatology.  Heuer v. Brown, 7 Vet. App.  379, 384 (1995); (Falzone v. Brown, 8 Vet. App. 398, 403  (1995); Caldwell v. Derwinski, 1 Vet. App. 466 (1991).  A  layperson, however, lacks medical training to be considered  capable of opining, however sincerely, in regard to diagnosis  and causation of a disability.

And that, Ladies and Gentlemen, is what will happen to any claim that a Judge looks at when you don’t do your homework. If you don’t provide the evidence to back up your claim don’t expect you representative to do it.

Posted in General Messages | Tagged , , | Leave a comment

Jetguns, passing out in a pool of blood or nasal snow storms?

Posted on September 29, 2011 by asknod
  This just out in a May 2010 BVA decision. It doesn’t matter which one- he lost. Listen to his evidence:In support of his claim, the Veteran submitted an excerpt of  an article indicating that “[a] research project headed by  Lawrence Deyton, MSPH, MD, the Director of Aids/Hepatitis at  the United States Department of Veterans Affairs in  Washington, D.C., said in part ‘Anyone who had inoculations  with the jet injector is at risk of having hepatitis C and  should be tested.’  Research indicates that the hepatitis C  virus still exists on medical instruments after cleaning with  many solutions.”:

But In a February 2010 opinion, a VA hepatologist opined, after  reviewing the Veteran’s claims file, that it was less likely  than not that the Veteran contracted hepatitis C as a result  of the in-service jet injector inoculations.  The opining  physician reasoned that the Veteran had multiple sources of  risk infection, including sources other than the  inoculations.  While it was possible in theory that the  immunizations could have transferred hepatitis C to the  Veteran, given his admitted history of cocaine use, it would  be impossible to show that the immunizations were the more  likely cause.  If he had no other potential causes  documented, and had not lived a life style such as alcohol  dependence, which in itself was a marker of possible  exposure, it might be more likely that he contracted the  virus as a result of the in-service immunizations.  However,  given his history of exposure by known sources, jet  immunization was a remote possibility of the cause of the  injection.  The physician noted, with significance, that  there were no proven cases of jet immunization causing  hepatitis C.

Witness the alcohol abuse as a viable vector for HCV. Would someone enlighten me as to what part of getting drunk is a HCV risk factor? Passing out in a puddle of infected blood? I say we add alien abduction to the list of risks. That is more believable.

   

Posted in General Messages | Tagged , , | Leave a comment

DRY SHAVING

Posted on September 29, 2011 by asknod
flipfarts
Registered: 05/12/09
Posts: 19
07/31/09 #1
HELLO VETERANS
I DESPERATELY NEED SOME HELP FROM OTHER VETERANS REGARDING “FORCED DRY SHAVING”. I WAS FORCED TO “DRY SHAVE” AS PUNISHMENT WHILE IN BOOT CAMP AT FORT KNOX, KENTUCKY. I WAS THERE FROM 9-72 THROUGH 12-72. I WAS RECYCLED BECAUSE I BROKE MY LEFT ANKLE. 
ARE THERE OTHER VETERANS OUT THERE WHO WAS FORCED TO “DRY SHAVE” DURING THIS PERIOD 9-72 THROUGH 12-72 AT FT KNOX, KY?
IF SO PLEASE RESPOND TO THIS THREAD. I NEED TO SPEAK WITH YOU. IT IS VERY IMPORTANT TO MY CLAIM. IT COULD BE THE DIFFERENCE BETWEEN WINNING OR LOSING MY APPEALS. 
THANK YOU,
RMG
Edit | Delete
RobD1956
Avatar / PictureModerator
Registered: 11/22/08
Posts: 31
07/31/09 #2
I can’t say this will help but dry shaving is not unheard of . In fact during my time at RTC San Diego in 73 it was common place before inspections to be dry shaved had you missed a spot during the morning rituals. This happened to me and a host of others. I can testify this is fact.__________________
Mod
Edit | Delete
flipfarts
Registered: 05/12/09
Posts: 19
07/31/09 #3
Hi Mod
That does suck. Dry shaving meant punishment for my platoon. Even if I was shaved right they still made an example of us. The DI’s were hillbilly redneck types who hated us because we were from Ca. We were the only platoon/group that was from Ca. Back in 72 there was a spinal meningitis outbreak at Ft Ord Ca. We were diverted to Ft Knox because intake at Ft ord was closed. We were called queers and mamas boys by all the DI’s and the other trainees from the area. Our dry shave punishment was to get a discarded razor from the trash. The first guy used it and passed it down to the next guy. By the time it got to me it was bloody and had pieces of skin on it. We were not allowed to wash off or stop the bleeding. After this we were ordered to push Kentucky(push ups) until we either passed out or finished the punishment. Then we had to run and catch up with the rest of the company to make up for what we missed. I broke my left ankle trying to catch up marching up Agony hill with full gear. I was kicked out of my company and labeled a Ca pussy sissy.  I finished basic with a cast on my left ankle and swore to never return to Kentucky…
Are there any other ways I can get my question out via the Internet? I emailed larry scott at VAwatchdog.org. Still looking for other media to use. Thank you for the encouragement…
RMG
Edit | Delete
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
08/05/09 #4
Other than personal testimonials, I don’t know how any of us can back up your claim. We had dry shave if one guy was guilty of a “5 0’clock shadow. So the Italian guy really caught hell all thru basic. We tried to keep a good, new one on one of us and give it to him if he needed it. He lucked out as he didn’t get exposed to any of us. But it sure couldn’t have been any fun. AN
Edit | Delete
flipfarts
Registered: 05/12/09
Posts: 19
08/05/09 #5
Hi Mgr
Thanks for the input. My attorney used the word “preponderance of the evidence” regarding my claim. He is looking for other boots that was forced to dry shave with the same razor. At ft Knox, KY during the year 1972-73. He is a Nam vet himself and has done this before. He also says we have a “CUE” for another claim filed in 2001. This is the hardest appeal to win. Here is another fact I didn’t know. My attorney insisted I must be “honest” regarding winning my appeal. He said the govt doesn’t send my back money to him. If I win my appeal the check comes to me only!! He also said the usual 33.3% is the fee approved by the VA. Does anyone know if this is true? Here in CA these kind of claims are usually no more than 15% of any money money recovered.
The dry shave proof is a backup to the CUE claim if he doesn’t win. Lawyers have always confused me. Any information is greatly appreciated..
Thanks
RMG
Edit | Delete
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
08/15/09 #6
Truth is I do not know the reimbursement laws. I thought it was 20 % with the VA. He is right. They mail it to you and you are morally bound (not legally) to pay his his retainer. The “CUE” you are referring to is Clear and Unmistakable Evidence. If you filed another claim in 2001 and he spotted something in it that was not legally correct, then he can, with your permission, go back and try to correct it. This is the only way you can revisit a BVA denial. CUE cases are decided by the BVA only, not the local VARO. They have to meet 3 very stringent legal requirements which I won’t go into here. You can appeal a rotten ruling to the CAVA, but that’s it. Nod
Edit | Delete
flipfarts
Registered: 05/12/09
Posts: 19
05/25/10 #7
Hi NOD and fellow veterans
I have a question. Which is the lesser of 2 evils: The Decision Review Officer Process or The Traditional Appeal Process? I received my denial again(third) for service connection for HCV. I fired a ripoff lawyer some months ago. I have all my records, doctor letters, etc. I have researched my case extensively and believe I can represent myself adequately. It took some time to read and understand cites and VA law. My old lawyer was correct in his analysiys of my appeal. However ripping me off for 33 1/3 percent and possible more if it went to BVA here in CA. Anyway the letter says I have 60 days to notify them which route I wish to go. PLEASE GIVE-SHARE SOME INFORMATION OF THIS NEXT STEP IN MY APPEAL. I AM IN THE DARK ABOUT THIS PROCESS.
Thanks much
TYFYS
Robert…
Edit | Delete
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
05/29/10 #8
Robert- I have tried the Decision Review Officer route. I just assumed I would get on older, more mature examiner on my claim. Wrong. My advice to you, for what it is worth, is to proceed to the Form 9 and the traditional process. Get your case in front of a Veterans Law Judge (VLJ)that knows the law and respects it. They aren’t all perfect, obviously, but you will get a better shake. The next step will be for the your local Regional Office (or the Veterans Service Center [ha] in our Politically Correct Society parlance) to certify your claim and mail it off to D.C. This can and does often take up to 8-10 months. When it gets to D.C., you get in line again and await a Court Docket date. This can be up to two years, Robert, so do not get all wiggly and excited about the though of eminent justice. You are free to submit anything that will help you win your case right up until the time your case is decided. You can also contact the BVA directly in D.C. after they receive your file and find out more about a court date. You are allowed to either meet personally with a traveling Law Judge or have a video deposition before your VLJ in D.C. if you choose to. I believe you can do this yourself . I’ve used the DAV, the AMVETS and last but not least. the Military Order of the Purple Nurple. MOPH told me I didn’t have a snowball’s chance in hell of winning the Hep or the AO claim for Porphyria. I canned their sorry a$$es and went on alone. I won and got 100% right out of the gate. They gave me my Permanent and Total 8 months later so my son could get a college education. This is rare. Of the 3 million plus Veterans receiving  compensation payments, only 258,000 have been rated 100% totally disabled. Granted, I am pretty sick but I’ve met Vets at the VAMC with both legs amputated due to DM2 or a Bouncing Betty fighting to get that elusive 100%. Its a pretty sorry circus they run. If you can access Chapter 38, Code of Federal Regulations to the left of this post and research things necessary to buttress your claim, rebut the VA’s assertions for your denial and mount a well-reasoned defense, I think you can win. An open minded VLJ will really help. The chuckleheads deciding your claim at your local RO are programmed to do one thing only- DENY! Same for the DRO. Getting an Independent Medical Opinion (IMO) is virtually the only way to win at the RO level. Guess who decides if you get that? Yep. The RO. So you can see that the sooner you get your claim out of Dodge, the sooner you’ll get a date in D.C. Remember, just because you, Robert, think you know how you got the Hep, you have to have a Doctor provide the nexus opinion that clearly ties your Hep to some event or risk factor in service. If your hep infection is as old as your dates of service as determined by a liver biopsy then you claim is much stronger. Most importantly, your doctor providing the nexus must review your military medical records and state that he did so. He must present a clear, reasoned opinion for his belief that you contracted this while in service and phrase it in the proper parlance as discussed in the column to the left. Best of luck in your endeavor and I hope you have a memorable Memorial Day weekend, sir. Always remember- All gave some, Some gave all.
Posted in General Messages | Tagged , | Leave a comment

rating

Posted on September 29, 2011 by asknod
stilwellrick
Registered: 02/17/09
Posts: 8
05/08/10 #1
Hello again gentelmen,  First let me thank all who respond to my question. I know thats somewhat impersonal,but it takes me forever to type. Question pertains to recent SC for hep-c and a 10% rating. The C&P doctor used the words tiredness,lethargy,fatigue and malaise in her diag. How did the board interpret any of those to mean intermittent.  Thanks.  Rick S.
Edit | Delete
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
05/10/10 #2
Dear Rick,

     Here’s the rating schedule for Hepatitis C. If you are rated at 10%, the reason is what you told your doctor about your symptoms. Most guys are macho and don’t tell a doctor what’s really going on. Your arm could be rotting off from gangrene and a lot of Vets would say its not that bad. Tell the doctor exactly what your symptoms are including any weight loss. Be very specific about time loss from work. If you are unable to work one week of every month then that extrapolates out to 12 weeks a year or three months. Be honest, too. VA may require you to submit pay stubs to prove your claim. You must file an NOD asap if you disagree with the 10% rating. If you don’t, then they assume you are happy with what they gave you-$123 a month.
7354  Hepatitis C (or non-A, non-B hepatitis):
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
Daily fatigue, malaise, and anorexia, with substantial weight loss (or other indication of malnutrition), and hepatomegaly, or; incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total duration of at least six weeks during the past 12-month period, but not occurring constantly 60
Daily fatigue, malaise, and anorexia, with minor weight loss and hepatomegaly, or; incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total duration of at least four weeks, but less than six weeks, during the past 12-month period 40
Daily fatigue, malaise, and anorexia (without weight loss or hepatomegaly), requiring dietary restriction or continuous medication, or; incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total duration of at least two weeks, but less than four weeks, during the past 12-month period 20
Intermittent fatigue, malaise, and anorexia, or; incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total duration of at least one week, but less than two weeks, during the past 12-month period 10
Nonsymptomatic 0

Attached Images:
Click image for larger version - Name: fukitol.JPG, Views: 9, Size: 33.56 KB
Posted in General Messages | Tagged | Leave a comment

service connection

Posted on September 29, 2011 by asknod
malibupx30
Registered: 11/24/08
Posts: 6
02/03/09 #1
Good morning to all.Back in Feb 2006 I filed a claim for Hep B&C with liver cirrhosis, and quite naturally I was denied.I filed a NOD with new evidence and requested a DRO hearing but was told I had to wait to file for I had not received a soc.After receiving soc(9 months later) refiled a nod and requested a VBA hearing. December of 2008 I received a call from the VA asking me if I still wanted a local DRO hearing and I said yes.
On Jan 7th 2009 went to my DRO hearing.Jan 10 Th 2009 recieved my all important letter from the VA stating, We have decided your claim is “Service Connected” for Hep B&C with liver cirrhosis at 20% disability for Hep c but 0% for liver cirrhosis. They also included the wording you may get better so things may change.
I only have 6 more weeks of shots (treatment Peg&Rib)Finally here are my questions(lol).Should I file a NOD on the cirrhosis(0%) rating before or after I finish my treatment.How did they determine my symptoms were Hep C related and not cirrhosis symptoms for both basically has the same symptoms.
What is your opinion on all of this? Thanks for any and all assistance you may give.                Julian
Edit | Delete
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
02/03/09 #2
Julian. This is how it works. If you look at the bottom of 38 CFR part 4, 4.114 Digestive ratings to DC 7354, it says you cannot rate Vet with DC7354 AND DC 7312(Cirrhosis).The reason being is that symptoms described in 7312 correspond with symptoms in 7354 and that would constitute pyramiding of ratings. Pyramiding is strictly prohibited in 4.14.Now, what is interesting to us is how you got SC for B(DC7345) AND C(DC7354), rather than just C. HBV, unless it is the chronic persistent version, is usually an acute disease(i.e. a disease you suffered, but subsequently recovered from). Recovery from an acute HBV infection imparts immunity and protects you from future infections. HBV is rated under DC 7345, which is almost identical to 7354. However, 7345 specifically excludes cirrhosis. If you are not currently infected and sick from the HBV, VA usually will not grant SC for it. As for the C, your most current symptoms will be what VA examiner rates you on for 2 years (usually, unless your symptoms get worse and you report it.)Chances are you will get a letter telling you you have a VA exam scheduled for Jan. 10, 2012 (in 22 months).

So, if you file a NOD on the cirrhosis(7312), what extra-schedular argument will you use to defend a higher rating that does not pyramid on the Hepatitis C(7354)? You have to give a reason for your request and it has to hold H20. Cirrhosis, by medical definition, is Stage 4 or a decompensated liver. Doing IFN TX when you are S4 is a new one on me. It would kill most of us. What we have seen VA do is change your rating from 7354 to 7312 when you reach that cirrhotic state. They may start to get away from that as more and more of us are hitting that P&T point with the HCV. Once you get P&T, they don’t bother you anymore or insist you get out of the coffin and come down for an exam- in case you “got better”.

You are being rated @ 20% now. So that means you are suffering symptoms for more than 2 weeks, but less than 4 weeks during the past 12 months. That is the only true yardstick of the rating for VA’s purposes. If you are now (currently)finding that you are losing more than 4 but less than 6 weeks per 12 months, then you need to file the NOD on the DC7354(hep C)and ask for 40%. If you are currently doing IFN TX I suspect you are in denial and doing the typical male macho thing I did until I couldn’t wake up one morning until 11AM. After 3 months of sailing the bed around the known universe, I acknowledged that maybe I was pushing the 100% envelope. Be honest about your illness to yourself. If you are entitled to it, claim it Julian.
Edit | Delete
malibupx30
Registered: 11/24/08
Posts: 6
02/04/09 #3
Hi thank you for your fast reply.Safetydanh from the Deli forum suggested I write you.
Here is the exact wording from my SC papers,”service connection is granted for Hep C (also claimed as Hep B) with a history of cirrhosis as of Jan 10TH 2009 with a 20% rating”. So, my records do show I tested positive for Hep B antigen.I guess that means I had it and didn’t know it.
My records show( after a bunch of test) I am Geno Type 1 and stage f3 to f4.
Just a little back ground. In December of 2005 I started getting dizzy getting up and down and went to my family doctor.After a bunch of test I was told I have enlarged lymph nodes,liver,and spleen.Further test reviled Hep C and cirrhosis of the liver.Always felt tired,itching,pain on right side,lack of sleep.In April 2008 started treatment(peg&rib) which made symptoms worse.I figured after my treatment(6 more weeks) and I still feel the same or worse then maybe I should ask for a increase.Right now I am thankful I got service connected.
I understand what you are saying and I don’t want anything I am not in titled to.You made a lot of sense and hopefully I will not feel worse.Thanks for your reply and assistance.   Julian.
Edit | Delete
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
04/17/10 #4
Hey, Julian. Just checking up on you and wondering about your health. We worry if we don’t hear from you frequently. I see some of your posts on Delphi but you keep your cards pretty close to your chest, Cowboy! Hope all is well and you are keeping close tabs on your rating %. I’ve been in the hospital for most of last year (May to November) and just went thru another couple of operations to fix what they messed up last year. This time it was only 3 weeks , not 9 months. Anyway, let us all know you’re okay. You’re one of our Poster children- you won!
Edit | Delete
stilwellrick
Registered: 02/17/09
Posts: 8
04/26/10 #5
manager, name here is Rick. Need to ask some questions,but when I click on Ask Nod questions I get a message saying that whay I am looking for cant be found. Feel certain its on this end but I need help. Thanks.  Rick
Edit | Delete
AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
04/27/10 #6
Rick, I sent you a private message with instructions on how to post a new thread…..Hope it helps.
Edit | Delete
shplimp1111
Registered: 03/11/10
Posts: 2
04/29/10 #7
shplimp here..new to the site but very gratefull for all of the great info..I am waiting for my initial decision for hepc..just got the 30 day notice..keeping my fingers crossed..Thanks to you guys and 18 months of homework I feel I submited the best package I could..thanks for everything
Edit | Delete
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
05/01/10 #8
Dear Sir,Thank you for letting us know we are providing something useful for Vets. Most of us here have been through the VA hamburger machine a couple of times and that gives us some insight as to what you will be encountering. If your case has a solid foundation with nothing queer in there then you’ll win. Remember that the “VA examiners” who do your initial rating are young punk kids that have never been near gunpowder. I guess there are a few Vets who have been hired who may be raters, but I believe the number is insignificant. They usually twist the facts around to make you look far worse morally than you really are. Be prepared for that. Also, be prepared for a denial at the VARO level. This is very common and almost to be expected. If you truly prepared for this as you said, then you may very well succeed. I started in 94, gave up. and then started again in 2007 and won at the RO level after 2 nexus and an Independent Medical Opinion (IMO). The IMO backfired on the VA and I won. 17 months– and without my VSO who told me I was going to lose. There is no reason you can’t win unless you simply don’t have a doctor, a nexus from him and are presently infected with the disease. If it (the disease) has gotten progressively worse since you got out, then they can date its onset to within a year or so of when you contracted it or started exhibiting symptoms. I had high ALT (SGPT) readings in the mid 100s for 20 years before I came down with PCT. By then it was a no brainer. Good luck with your claim sir and remember we’re here if you need anything. Thank you also for your service to our Country.
Posted in General Messages | Tagged , | Leave a comment

hearing or not

Posted on September 29, 2011 by asknod
stilwellrick
Registered: 02/17/09
Posts: 8
04/27/10 #1
Hello, name here is Rick. Just got my Hep-C service connected,and rated at 10%. based on the letter from the comp/pension DR. I do believe I meet the criteria for at least 20% and was thinking of asking for a hearing with a DRO. just to express why I think this. If I have read things right, it will not effect a future appeal. (within the time frame)What would you suggest.  Thank You.  Rick
Edit | Delete
AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
04/28/10 #2
Hi Rick….Good deal on the sc for Hep.To get a higher rating, you are going to need solid medical evidence to back yourself up.    You have 1 year to appeal the decision.   Medical records and a doctors statement are going to be your best defense to get a higher rating.

If you haven’t yet done so, take a look to the left under Federal Code, Part 4, Chapter 4.114, scroll down to dc 7354….you’ve probably already seen this….it’s a guideline and if your medical records substantiate a higher rating, then request the DRO review.   Having a copy of your doctors statement and copy of any updated medical records on hand to prove your point would be a good thing.   As for future appeal rights, a DRO wouldn’t affect your appeal rights just so long as you don’t miss deadlines to file.

There is more information than I’ve presented here, and I’m certain someone with more expertise will be stopping by shortly.
Edit | Delete
RobD1956
Avatar / PictureModerator
Registered: 11/22/08
Posts: 31
04/28/10 #3
If you have a nexus from your Dr saying that the condition is worsening by all means. In order to get a higher percentage you have to show by biopsy or CT imaging that your condition is worse. And merits a higher percentage. Like a dx for Varcies acid reflux disease or increased liver damage. I am held at 10% for HCV myself.  As of the 1st of Apr received a 0% for cirrhosis so becareful. The AMC is dening quite a number of claims as of late. I have all the mentioned issues and waiting a revised decision as of this time based on the new evidence. I’ll let you know how it goes. Then you can make an informed decision.
__________________
Mod
Edit | Delete
stilwellrick
Registered: 02/17/09
Posts: 8
04/28/10 #4
I appreciate your time. Thanks for the info.         Rick
Edit | Delete
AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
04/28/10 #5
You are very welcome.Good Luck to you.
Posted in General Messages | Tagged , , , | Leave a comment

hep c

Posted on September 29, 2011 by asknod
pmiller389
Registered: 04/13/09
Posts: 3
04/13/09 #1
I was in the navy 1967-71.Did not go two Vietnam.I was at a test center and did go out
on carriers many times to test equipment, but never very far from USA.Have many chronic diseases.have type 2 diabetes,hep c, liver disease( took treatment but didn’t work),Hypertension,peripheral & autonomic neuopathy .I applied for va disability
about 6 years ago but was denied because my record showed no liver infections during
service time. I appealed didnt work.I am on ss disability.I see where people are winning
on the air gun injections, which I certainly remember.But unfortunately around 1972,
I did experiment with iv drugs a few times( what a mistake).I havent told many people
because im not proud of it. Is there any hope of getting va disability.
thanks .paul
Edit | Delete
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
04/17/10 #2
Dear Paul, I apologize for not picking up on your post earlier. I was in the Seattle VAMC for most of 2009. I had several operations to save my life and finally am back on the mend. From what you wrote, I can tell you getting a rating from the VA is going to be a real challenge. You won’t get your foot in the door just on the jet guns. I would suggest you seek out a VA specialist attorney. He can survey your claim and look for any potential avenues for a win. The law limits him to 20% of any money you recover. That’s fair when you consider most attorneys get 33-40%. It also frees you up to go on with your life while he searches for loopholes. That’s about the best advice I have to offer. Feel free to come back and ask more questions- and again, I apologize for being tardy on our response.
Posted in General Messages | Tagged , , | Leave a comment

permanent disabilty

Posted on September 29, 2011 by asknod
bluewater
Registered: 03/02/09
Posts: 3
03/03/09 #1
I was granted I/U 3/16/08.  My prior s/c is 10% tinnitus, 50% ptsd, 20% hep c.  I went on a va clinical trial with alinia and soc treatment 8/08.  After 24 weeks and a hospital stay due to sides from medication was taken off tx 1/20/09.  My question to you is how would you suggest I tackle making my s/c permanent?  Should I wait till the VA contacts me for a follow up, or send them a letter now?  Still am not working, and am feeling worse now then when on tx.  As all no this tx is brutal.  I was putting up with the sides hoping fo svr, but no such luck.  Stage 3.  Thanks much  Ron
Edit | Delete
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
03/03/09 #2
Dear Ron, Getting info out of some of you Vets is sometimes like prying teeth out of live crocodiles. You have done a marvelous job of condensing it down to the smallest space I’ve seen yet. Allow me to expand it a bit. Individual Unemployment was granted 3/08. I get fuzzy here. 50/20/10= 64% (net 60%), but you state it as a “prior rating”. Does this mean you have had a newer rating since that date and now? Ok- off TX and still not SVR. If you are feeling worse now, then your rating is not commensurate with your symptoms. Would that be a fair assessment? Are you familiar with Chapter 4 Diagnostic Codes (to wit DC 4.114 digestive system)? Check that and see where you fall in the 7354(hep c). Also see where you are on the PTSD. You will never get to 100% by assembling your rating % in bits and pieces of 50s, 40s, 20s and 10s. It takes another 90% rating on top of a 70%( say for PTSD) to get to 100%. Be realistic. You need a 100% schedular rating on one illness alone to really get there. You can attain this via the TDIU route, but it is arduous. Are you over 55? This is the real litmus test for beginning the P&T assault. You also need good medical records to get there- ones that clearly show your condition is static and no future improvement is contemplated. This, too, must be in your med recs. Look at 3.327 regarding reexaminations. It clearly goes over everything that concerns what you are asking. I see where they (VA) could conceivably give you the bum’s rush and reduce your PTSD to get you below the 60% you need to keep the TDIU. Don’t think for a moment that they wouldn’t resort to that one. I see a need to bump that Hep rating up to 40, or better yet 60%, to protect the IU. Or bump the PTSD up to 70%. That would be difficult and I don’t know what your GAF score is right now. The tinnitus is maxed so there’s no help there. It appears to boil down to the hep, sir. Without cooking the books, at stage 3, you must have some issues beginning to pile up that would easily put you into the 40 to 60 range. My binoculars are foggy so I can’ tell from here. Getting to the magic 100 permanently will, at a minimum, require a two year wait as you can see by the info in 3.327. It may even entail 5 years unless you hit S4 soon and have collateral assaults like PN, cirrhosis, dysthemia, DM2 and so on. Again, I ask- over 55? I’m 58. One shot of rat piss and everything went haywire, but the AIH was the straw that broke the camel’s back. Everything meaning my PCT got worse, fibro, cryo, brain bozos, fatigue- basically near constant debilitating symptoms. End result was a 100% rating to begin with. As things went south, I asked for P&T 6 months later. I filed for hardship as the house and my health were in a race to see who would go down first. They gave me the P&T 1/21 so my son can get DEA(he’s 20 now). That’s my guess on their generosity. My medrecs adequately support the P&T. S3G4, ALT usually around 250 with occasional spikes into the 600s. I’m on permanent prednisone/ Imuran now to keep the AIH from finishing what the Hep C hasn’t done already. I’m gonna have to say your best bet is a combo of over 55, rotten med recs,up the hep to 60, file for a lot of secondaries, and a Doc willing to state your shelf life is less than a Hostess Twinkie.Then, while you have them on the ropes, slip in the request for P&T. Just one Vet’s opinion here. My crystal ball is foggy without more input. I would never go for P&T just on the TDIU. Get there if possible via 100% schedular if you can. Our prayers are with you, Ron, so you’ve got that going for you. Take two of the attached and schedule an appointment with my receptionist in the morning. AmenAttached Images:
Click image for larger version - Name: fukitol.JPG, Views: 10, Size: 33.56 KB
Edit | Delete
bluewater
Registered: 03/02/09
Posts: 3
03/04/09 #3
Wow nod I was not expecting such a detailed, knowledgeable, and fast responce.  As you can see I am new here.  Thank You.  I have to digest everything you said,  and look up all the things you told me to check.  I am 60 years old.  The I/U brought me to a 100% money wise, but I know it is not permanent.  I am not sure when they review my case time wise.  That is why I was asking you should I prepare and submit paper work now for permanent s/c or wait till they contact me.  Can you get permanent on  I/U and 60% other ratings??  I will due the homework you gave me.  Thanks again!!  Ron
Edit | Delete
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
03/08/09 #4
3.327 is the arbiter of the P&T. You can get there via IU, but it requires medrecs to prove it- good ones. Most P&Ts are done on the 100% schedular ratings path- not all- but a lot. I see a lot w/ the 70% on one rating like PTSD, and maybe a 60% on the hep. All the little 10s and 20s are window dressing and don’t really do much unless they are secondarys to the primary ratings. So Tinnitus and hemmeroids are not gonna help one bit. Does any of that help?
Edit | Delete
bluewater
Registered: 03/02/09
Posts: 3
03/09/09 #5
OK, yes that all helps, but you still have not answered my question.  Should I wait till the VA contacts me for the evaluation, and continue to build my records or write them a letter,  and submit all forms to try and accomplish it now.  Began I/U 4/1/08.  I should be in the 60% hep c rating after reading the regs.  Glad the site is up and running again.  Thks Ron
Edit | Delete
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
03/09/09 #6
Brain fart, Ron. Hyperspazzed out and didn’t finish the project. I would get the 60% on the hep, assuming you’ve got the medrecs. to prove it. Big item is the time loss factor. Unmentioned, but important is weight loss of 10% of what your highest was in the last 12 months. Start packing your pockets with rolls of pennies, Ron. Anemia isn’t mentioned either, but it is a determinative tool. The acid test is all the words in combo. Lots of vets go in and say: “Hey, Doc. Yeah I’m doin’ okay. Not hitting on all eight, but what the hey. Could be worse. How about them Cardinals, Huh? Who woulda thunk it.” Start saying things like RUQPain, fatigue. Sleeping all day. Get big on the “bed rest”. Mention them words!!! Get it in your med. recs-written down, Ron. Get the 60% on the Hep(if there’s no hope on inflating the GAF- and don’t lie about it.)If you ever screw up and lie about anything and they catch you, they will make life miserable for you forever. You should never lie about anything unless it involves a pending visit from your mother in law. Anything is legal then. Lying is a indicator of improper upbringing, gentle reader. You are clearly not of that ilk so we will not discuss that any further. Look up 38 CFR part 4. 4.114 and look at the DC 7354. It discusses all the details of what = % rating. It is what they will use to rate you and its based on what you report to them.After you attain that higher rating, we will have another attitude talk and we will teach you how to use the “Force”. Work on you slice, too. It’s really ugly.
Edit | Delete
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
04/17/10 #7
Well, Ron. It’s been a year and some change.I hope you are not any worse for the wear and have upped your ratings % on the HCV. With all the injured vets coming home from Iraq and Af-stan, it’s causing a large backlog everywhere. I hope you claim is now far along in the process. I filed an NOD for a higher % on my PCT right after I got the original rating in 10/2008. I just received my new rating(I won!). 16 months. I assume, if you filed for a higher rating after we talked last year, that you are still in limbo. Hang in there. With the government involved in 2 wars simultaneously, you can only assume its going to be slow. Perhaps our illustrious VASEC Shinseki will hire more Loompah-Loompahs or train the ones he has to be more efficient. Best of Luck.
Posted in General Messages | Tagged , | Leave a comment

Urgent Help Pending Letter

Posted on September 29, 2011 by asknod
fgrouell
Registered: 02/08/09
Posts: 5
02/13/09 #1
I was a corpsman with a service medical record entry for needle stick on a Hepatitis ward.My Hep C treatment of Interferon, Procrit, and Ribovarin led to multiple disorders during treatment including leg and heart arterial blockages requiring stents, diabetes, and now COPD/Emphysema requiring constant O2.

I have been fighting for 100% SC Disability since 2004. I have successfully earned 10% Hep C  and 50% Depression 10% Hypothyroidism secondary to Hep C.

I’m currently seeking DRO and plan to submit additional evidence from my Infectious disease doctor who has offered to help with a letter.

Will this letter provide for a nexus?

                Sir,

 

 

If the letter is to be instrumental in the VA determination at the ratings board it must satisfy the following guide lines:

The letter must in each case list the individual issues reading “Secondary to Hep C” and optionally an explanation or journal reference supporting the statement. In fact it need only relate that these issues are secondary to the Hep C and its medicinal treatment. It should NOT address severity, or percentage of effect of the diseases. The rating board will determine those issues. Below is a working example. The document maybe on letterhead or preferably recorded in my medical file under the doctors progress notes.

 

                Please notify me upon completion @ 301-357-4640 or Email fgrouell@yahoo.com and I will obtain a copy from medical records.

 

 

The pt’s primary diagnosis is Hep C as well as the following illnesses are secondary to the Hep C.

                A             Depression as secondary to the Hep C

                B             Hypothyroidism as secondary to the Hep C

                C             Diabetes Type II as secondary to the Hep C

    D             Hypertension as secondary to the Hep C

                E              Coronary Artery Disease as secondary to the Hep C

                F              Peripheral Arterial Disease as secondary to the Hep C

 

                The Interferon & Procrit from the Hep C treatment caused depression and hypothyroidism leading to inactivity and diabetes as well as elevated cholesterol resulting in Hypertension, Coronary Artery Disease and Peripheral Arterial disease. All of these issues are at this time being treated with either surgical procedures or medications.

                The patient is considered unemployable at this time.

 

                               

 

 

                Thanks again for your repeated effort to help with this project.

 

 

Sincerely,

 

                        Fred Grouell 

__________________
Fred H Grouell
Edit | Delete
NODManager
Registered: 11/22/08
Posts: 654
02/15/09 #2
Dear sir, As you have a 10% SC for hepatitis, it seems pretty clear cut that you want to ask for a 100% schedular rating for your hep, but the symptoms you list aren’t the ones for Hep C. I know how devastating Interferon can be. It fired up my AIH like a napalm strike and gave me fibro/cryo, permanent sore throat, and a bunch of other little goodies.If your hep is what you and your doctor can honestly refer to as near constant debilitating symptoms( 24/7) then you will be rated at 100%. Your doctor needs to write that out and also recommend bed rest as needed for constant fatigue. Your symptoms for 100% must include right upper quadrant pain(RUQP) malaise, nausea, vomiting, and weight loss. You may have to file for all those 2ndary symptoms and then summarize with a request for 100% schedular rating. Do not ask for TDIU.

If and when they rate you 100% then you wait 6 months and file for Permanent and Total. Contact me on my private e mail here for more detailed info @ NOD.

If you do this right, and they still haven’t done the Decision Review yet, you can amend it and stick in another VCAA notice prior to that decision. Otherwise, you can amend the claim when you file the Form 9. Are you representing yourself or do you have a VSO?
Edit | Delete
fgrouell
Registered: 02/08/09
Posts: 5
09/19/09 #3
As you’ll notice this comment is all most 1yr later. Let me share this with all. Last year I had an appeal for increase due to obesity and diabetes. As well I ha file a DRO. My advocate, the AL, called me last week Thursday and told me I had been awarded 100% service connected for depression. Needles to say the world stopped. Several people had loaned me money over the years to get by and I began calling them and told them of the news and that I would be able to repay them. My children were estranged by a divorce in 1996 that resulted in their mother hidding them from me. I’d had no contact untill recently just before she died. They turned up in Washington state quiet a distance from Maryland and to far for me to travel on my income. MY son, last seen at age thirteen, was now in jail and needed legal assistance but had no money. My daughter left home at 14 and finished high scholl on her own. Although we had conversated we were not “connecting”. My son and I communicated by prison phone. My daughter has enrolled in college courses that I committed myself to paying when I was advised of my new rating decision. The back pay alluded to by my AL rep would be enough to travel there on and help her through college and retain a lawyer for my son. I told them of the medical coverage and other benifits we would recieve. Basically I had become a saint over night in their eyes. I was instructed to wait for the letter and then come to get my ID card. When the letter arrived thursday, a week later, it said nothing of an increase. I immediatly began tring to contact my rep and ended up traveling to their office to address nthe issue. They said they were very sory but their had been a mistake. Turns out some one rated the RDO before completing all claim increases. As such the RDO had been voided and would be readdresed in the future. WTF WTF WTF Here I am with a mental disability getting this kind of head trip. I’d rather put a bullet in my head than have to tell my daughter her schjool plans are now off and my son I can’t afford that lawyer and my friends I’m  wrong during these hard financial times a nd they won’t get the money. As well I had quit my menial part time job that was helping me get by. WTF WTF WTF I’m in shock right now and just don’t know what to do. This is so surreal.
__________________
Fred H Grouell
Edit | Delete
AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
09/19/09 #4
What a horrible experience.    I’m not sure what the next step is but, I am certain someone will come along shortly with some feedback.
Edit | Delete
fgrouell
Registered: 02/08/09
Posts: 5
09/25/09 #5
It’s been almost a week and I’ve heard nothing. Has no one been in this situation before?
__________________
Fred H Grouell
Edit | Delete
hcvet
Moderator
Registered: 11/22/08
Posts: 48
09/28/09 #6
I’m in shock right now and just don’t know what to do. This is so surreal.

Turns out some one rated the RDO before completing all claim increases. As such the RDO had been voided and would be readdresed in the future.

WOW, This is crazy, have you learned anything more? My guess, you will get the increase, it’s delayed due to paperwork, from the sounds of it.I would also report it to the OFFICE OF INSPECTOR GENERAL No sense upsetting you like this. So sorry you had to go through it and hope I’m right.

Keep us posted, sorry it took so long, been off line with a virus, had to switch PCs.
Edit | Delete
fgrouell
Registered: 02/08/09
Posts: 5
10/04/09 #7
It has now been two weeks since I was informed of the change back to 60%. My VA rep sounded encouraging last week but that’s probably smoke. When should I consider my self as having been thrown to the wolves, 1 day, 1 week, 1 month? I like the idea of the IG but I’m afraid any formal questions at this point might not be in my best interests. I’m thinking 30 – 60 days then start the official inquiries, IG and my Senator, Miklauski. I definitely think any thing past 90 days deserves scrutiny. Do you have any thoughts on this plan of action?
__________________
Fred H Grouell
Edit | Delete
NODManager
Registered: 11/22/08
Posts: 654
10/04/09 #8
Fred. I don’t quite know what to say. I’ve never been in this predicament nor have I known anyone else who has been. I know VA makes some royal mistakes , but I’ve never heard of one like this.I think I would go for the congressional inquiry ASAP to let VA know you’re between a rock and a hard place. This is not good.

A postscrip to this is Fred got Monty’s cookie jar.  We worked with him and pointed him in the right direction. The VA finally caved in and gave him about 180%. Jez. Sometimes you get pissed with how they screw you. If You ain’t no Senator’s son like the CCW song, you have to find one. Fred did and the she performed admirably.

Posted in General Messages | Tagged , , , | Leave a comment

Searching for Info?

Posted on September 29, 2011 by asknod
Author Comment
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
01/23/09 #1
12/10/08         #1
Dear Vets, we hope you find useful info on this site that can help you with your claim. If there is anything you need as far as case law to help you file or questions about your specific claim, please leave us a message as a new post on the item that most closely approximates your issue or claim. We promise to get back to you one hell of a lot faster than VA ever will and our answers typically are more geared to you. We do not have an agenda; our hope is to give you what you need to win or provide you with an avenue to information we lack. We seem to have it up and running and spam proof. Our old site lacked some of the amenities this one affords, so feel free to stumble through here with us until we figure it out,too. Remember, all HCV vets probably have cognitive brain dysfunction, old timers disease, and other issues that drive young people to distraction so bear with us. You may temporarily stump us with some request, but we won’t ever give you advice that will kill your claim. VA cannot make that statement. We are not doing this legally as we have no VSO standing. Everything we suggest is what you would be able to glean from 38 CFR or 38 USC. Best of luck from the Padewans of HCVETS.
Edit | Delete
marlinadams58
Registered: 08/03/09
Posts: 2
08/22/09 #2
In West Germany, 1971-1975 I’m a 58 year old male, been going to Va Hospital, for the last two years. My hand are detiorated from Arthritis, Deng Arthritis and joint disease. Depression, insommia. My first visit, they ask me if I receive blood in service, or drug user. I said No. They finally ruled I have Hep c 1b. the arthritis, if from the virus. I hurt all over. There trying to see i I past the test for the treatment. Can I file for sc. I had dental work, surgrey, and I was army mechanic. I nick my knuckle and finger. The blood on the rags, was still alive for 16 hours. We shared rags. I also, had air gun vac. I have seen for my records. Do you think I have a case. This virus, was a great problem in Germany at the time I service. I have a clean record, except with a fight one time. Please give me your opinion.  It took the VA two years to find out, I have Hep C.  What with that?
__________________
marlin adams
Edit | Delete
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
08/24/09 #3
Dear Mr. Adams, Here’s what I suspect will happen. The VA is notorious for trying to deny, deny, deny. I see them trying the same scheme on you. You need something in you medical records that supports a theory of blood exposure. We all know the sanitary procedures employed in the 70’s- there were none! Moving on to the jet gun immunizations, it’s plausible in the eyes of the VA, but they also are fond of pointing out that there are no confirmed cases of Hep C being transmitted from Vet to Vet via the jetgun. I know they occassionally let a case slip in and pay it, but that is very rare. Arthritis is considered a secondary condition to Hep. C , but you would have to prove the Hep C was Service Connected (SC) before they will pay you for the Arthritis. You mentioned that you had surgery after you mentioned Dental Work. What, exactly, did that entail? Did it involve a transfusion? You will get no sympathy from the VA for nicks and cuts while doing your job as a mechanic. I doubt it is in you medical records. Most Vets don’t run to the ER for a small laceration when their wrench slips. Again, documentation is the thing most Vets lack to make these claims stick. The fact that the VA found out you had Hep C in 2 years is amazing. You usually have to bring them the evidence of the infection! Remember, you will need 3 things to make this claim a winner. You have 1 and possibly 2. You have the disease and you may have contracted it while in the service. That one is iffy. The third, and most important, will be in getting your Doctor to state that he believes you got this disease in the service. He can determine this in a variety of ways( by the age of the infection-for one. Getting the Doc to do this is hardest part. Some are real buttheads about it while others can’t wait to sign the paper. There are many articles concerning this subject here at this website. Read them all carefully and see what you can find out. Your hardest thing will be to prove it happened while you were a GI. Best of Luck and ask us if there is something we can help you with. Nod and his merry little band of munchkins.
Edit | Delete
marlinadams58
Registered: 08/03/09
Posts: 2
09/18/09 #4
How do you get help from NOD in filing a claim? Who do you call, and where to you go. This is to much and need help.
__________________
marlin adams
Edit | Delete
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
09/20/09 #5
I do not personally file claims for Veterans. I would have no time to research the laws governing claims. Additionally, I’m a Stage 3 Grade 3 Hepper myself and in rotten health. I wish I had the resources to help you. I would ask you to visit the beginning of this site and review the information I have posted there. You will find it useful. If you still find it insurmountable, you might approach a Veteran Service Officer from one of the approved organizations which represent veterans for free such as the VFW or the American Legion. There are many others and they all have offices adjacent to the Regional VAROs. I wish you success in your fight. Read the fine print from the VA thoroughly. Get your medical records and military records before you start this. You need ammo to fight them. They have this info and so should you. The info you need to obtain these records is all there at the front page on the left hand side. NOD
Posted in General Messages | Tagged , , , | Leave a comment