Veterans Claims Help

This the ultimate tragedy. This poor Vet, like most of us, probably got an earful from his wife to go get a physical because he turned 55. Or he decided to get a flu shot that year. He probably hadn’t been feeling too good for the last 5-10 years anyway, but had a lot of work available and couldn’t stop. His Doc. discovers his ALT is bebopping along at about 150 and his AST isn’t far behind it. After a lot more testing they discover the BIG C and he starts scratching his head and wondering what the hey? About a month later, the Biopsy shows that 75% of his liver has evaporated into thin air. The doc says says “Dude, this thing is like 35 years old!” That’s when Mr. Ex-Doorgunner has the big “epiphany”. Gee, what about all them wounded and dead guys I pulled into the chopper and all the blood…The Clap from that night in Cholon before I went upcountry? Those crazy jetgun innoculators from Boot Camp? Man, I better file a claim with the VA pronto. In fact, I’m gonna get me an attorney to be safe! This is a no brainer. VA will make it right with me, won’t they? A grateful nation and all that?

http://www.va.gov/vetapp09/Files1/0903143.txt

File a claim. Die. End of claim. Pretty harsh, huh? That’s the way a lot of us Vets see it, too. And then along comes the President of the United States- Mr. Supreme Commander of the U.S. Military-who wants you to pay for your PTSD and hearing loss/Tinnitus due to IEDs out of your own pocket with your own private medical insurance. What are these guys smoking? This is insane and I fear it will only get worse. Veterans are such a pesky problem. Every time you have a war, you have all this collateral damage to humans and then they want MONEY. Money we could be spending on welfare and tenement housing. How about bailing out Wall Street? That’s way more important than wasting it on VETS. In fact, many Vets thought that THIS time was “THE TIME”- a VASEC who was Military; the political party who hates wars in charge of all three branches of the GOVT. What could go wrong? I guess its time to go to the back of the bus again and sit down and wait another decade or two for the Economy to improve. Except that there are a lot of us who won’t be here then- just like this poor Vet who cashed in his chips in 11/07. Time to have a little attitude talk with your Congressman and Senators, ladies & gentlemen. This has been going on since the War of Northern Aggression (the Civil War to those of you on the northern side of the Mason-Dixon Line). If it isn’t the Economy, its another War, or Foreign Aid commitments, or putting a man on the Moon, or… (insert government priority here).

These kinds of cases disturb me. I expect we are going to start seeing more like this example(and mine)that were filed under “hepatitis” without a letter after them. Its a backdoor method to 86 an old rating after it has been awarded. If you have an old SC award for hep and you still haven’t converted it into a P&T, it might be time to give it some serious thought if you can.

Also, check out how the VA examiner tries to pawn off the idea that the Vet recently contracted “C” between 2002 and 2007 and that the CFS is related to this new “recent hepatitis event”. They really have a sense of humor in San Diego. What are they gonna do if the Vet is Stage 3? Say its a new, rapid growing variant? We will keep you posted on this one.

http://www.va.gov/vetapp08/Files1/0805999.txt

What disturbs me is the VA denied him in 2002. He appealed it and it went up to BVA. But look at the remand date of Jan. 2007–fully 4 years and 5 months after the denial and apparently the second remand back to the VARO. Obviously this is the third remand and may turn out to be the beginning of the end of the Vet’s Hep claim, not an adjudication of his CFS, secondary to hep. Scary. Justice delayed, gentlemen. Not Justice denied. Watch out for that Justice Bus. Incoming!

Feb. 88- Vet filed and lost a “hepatitis” claim based on hep. in service in March 77. Fast forward to July 08. The vet has a new claim before the BVA on appeal(obviously the local VARO still doesn’t believe him). Notice this time the Oklahoma Dept. Of Veterans Affairs and the Vet filed it slightly differently as a claim for “hepatitis C” instead of just “hepatitis as he did in 88. The VLJ has promptly changed the claim from a reopening of an old hep. claim(88) to an original or “brand new” claim(08). Most Vets, indeed most people, would not see the significance in this. If the Vet found old evidence from the 70s or 80s that he could submit, it would mean an effective date of 88 from the old claim and hundreds of thousands of dollars. Since this is now considered to be a new or original claim, if the Vet wins, the effective date will be the date filed, which is probably Feb. 07. The Vet will get screwed to the tune of the hundreds of thousands mentioned above simply by virtue of one letter-“C”. Be careful what you ask for. HCVets advocates filing for “hepatitis”. That may include A,B,C, AIH (autoimmune hep) or any combination of the 4. It can mean lots of money when done incorrectly as here. Read over your claim very carefully before you push “PRINT”.

http://www.va.gov/vetapp08/Files3/0823535.txt

Chances are we are going to see this become the rule rather than the exception, with or without the permission of the Vet. When that happens, expect to see the success rate sink to about 5 % from the current 15%. Five bucks says this claim is dead in the water now or will be. I hope the Vet takes this up on an NOA to the CAVC. I suspect they might have something to say on the subject of a VLJ tampering with a Vet’s claim.