Veterans Claims Help

He had to undergo a surgery in Jan. 06 that would take him over a year to recoop, and could no way go back into the profession he had for over 30 years with just the shoulder situations alone and, on top of that the HepC issues.

We applied for SSA Disablity for him effective on 12/31/05, the last day he stepped foot into the office was 12/30/05.   I had all of his medical records, etc. organized, in files, and dropped them off at the local SSA office on 1/6/06, the date of his shoulder surgery.   He was approved for SSA Disability in April 06 for benefits – no questions asked.   No denial.  Approved.

His original VA Claim was filed in Feb. 03.   Denied.  Went through the entire back and forth process with the VA.   Finally had to involve our Congressman’s Office in Nov. 06 as he had not even had an exam up to that point and no one could tell us what the *H* was going on with his claim.

Through the Congressional Inquiry of my husband’s file, it was determined that his claim “fell through the cracks” – Where was the VA’s “Duty to Assist”????    He underwent VA exam for his AO related diabetes issues in Feb. 08, his claim was approved and he received a 20% SC for the diabetes with an effective date of 1 year prior to filing his original claim due it being a presumed condition due to AO exposure.   Just to prove he had stepped on land in Vietnam we submitted documentation, Affidavits, photos, etc.   He was a Marine stationed onboard the USS Long Beach serving duty in the waters offshore of Vietnam, patrolling DMZ, etc.   His Duty Station was Orderly for the CO and he was REQUIRED to go everywhere with him, prepare his vehicle, drive him around, etc.   Top Secret briefings in Da Nang where no record exists that they even occurred, when they did was a big joke.   That in itself is another story….at least it is resolved now.  I’ll mention he did 2 WesPac tours to Vietnam, 17 months in all.

Effective Feb. 08 he is 70% SC for diabetes and additional related medical issues due to diabetes.

Now, here we are, almost 6 years later.   He just had his hearing with the BVA via videoconference.    At least a month prior to the hearing date, I gathered updated medical records, solid Nexus from his Gastro, etc. and submitted to the VA through The Americal Legion.  They sent the info off to DC which was where his file was sitting pending the upcoming hearing.  As of the date of the hearing, the Judge still did not have the additonal docs in the file.  I had sent everything to American Legion via Certified Mail, Return Receipt Requested so I had proof they did receive it.

The Hearing experience was unremarkable.  The Judge seemed compassionate to my husband’s case.   It was evident to him that he fell through the cracks of the system.

I wonder how long it will take the VA to obtain a copy of the SSA application.
I have a completed copy of the original SSA Disability Application.
I just wonder if I should submit this to the VA rather than wait another 6 years for them to get the information they need to adjudicate his claim.

Should I submit the SSA application to them to speed things up?
How long does it take to receive a decision on the BVA hearing?

Thank You for taking the time to read through this post.   I attempted to keep it simple and straightforward.

AZeeJensMom
P.S.

Should mention, my husband’s last liver biopsy was Stage 3/4 and he has gone through 3 course of Interferon Therapy and has proven a non-responder with total relapse.

1 small tattoo on his upper arm noted at enlistment exam
2 tattoo acquired in service, on his right forearm
3 attempted removal via 7 surgeries of the in service tattoo
4 the usual innoculations, etc.
5 1 visit to a “House”

The VA doc who did his rating exam for the Hep C was not a gastro doc.   He had a bunch of errors in his report, ie…the pre-service tattoo  is on his left shoulder, he said right.   He said this tattoo was removed during service under sterile conditions so could not be a source of the contamination.   THAT is his opinion.   He was not there.    He said the tattoo was there on his exit exam.   We had previously submitted photographs showing the tattoo on his arm with his uniform on, clearly evident he was onboard the ship when the photo was taken.   My layperson opinion is this doc is misinformed, in a hurry, and didn’t pay attention to records and to the patient sitting in front of him.   I was present at the examination.

We completely corrected this with the BVA in the videoconference as my husband  showed the Judge the areas where the tattoo was on his forearm and all the scarring, the one the ships doctor tried to remove but could not.   He had to “cut it out” piece by piece and sew his incision each time as my husband has really tight skin.   Somewhere in his service records the VA said the “surgery to remove the tattoo was denied” – where that is, who knows.  We’ve never seen this document and, I have his personnel/medical records for his entrance and exit exams.    I will reserve my comment about the ships doctor who performed surgery when it was not approved as it’s a cosmetic proceedure.   My husband said after it was all done and his term was up, the Marine Corp asked him to re-up and they would “fix his excessive scarring up”.     He told them to fly a kite, he was done.

As for the VSO, you are so right.   We really had no help from them, except to file the initial claim and a Rep at the hearing.   I called WA State Vets and was advised that we could not change or remove the VSO during the appeal process.  Other than that, I would say they did zip for us.   Anything that did get accomplished was due to my perserverance and to Congressman Smith’s office.

6 years is a very long time.   Especially since the 1st exam he even received from a VA rating doc was in Feb. 08.

We both hope no other Vet should be forced to jump through rings on fire like we have been.

I will send a letter off to Kim Brown and put in an inquiry to the web-site you mentioned.

As for the SSA/SSD evidence, BVA received the entitlement letter in the packet we sent them a month prior to the hearing.

I will mention and praise the Office of Congressman Adam Smith for all of their help in getting this claim pushed to the point where it now is.    Congressman Smith is also on the Veterans Affairs Committee.

I’ll post an update when we receive any info.   Hopefully our story will help another Vet somewhere down the line.

Thanks for the support.

As for the 3 courses of Interferon tx, it played a huge roll on his health no doubt, and he is not the same man he was prior to that first injection.

You provided a photograph pointing out a tattoo that appears to be on your right forearm.   Lay statements from former service members testify they recall your tattoo removal.   Only Mr. ***** stated you acquired the tattoo during service.

The evidence clearly shows you had a tattoo at enlistment.   The medical evidence does not document any additional tattoo was acquired during service.   The photograph you submitted inexplicably shows a tattoo on the right arm.  Mr. ***** testimony is so many years after the fact and contradicts the records so is not probative.   Since the medical opinion reports most like risk factor for HepC is the acquistion of the tattoo and not the rattoo removal, we conclude HepC was not incurred during service.

End of SSOC

Well, the tattoo on the upper left arm was there at enlistment.   The tattoo on the right forearm was acquired during enlistment.   The tattoo on the right forearm was the tattoo that was surgically removed during 7 proceedures, cutting out a portion, sewing it up, cutting out another portion and so on.  There are still remnants of the dye from the tattoo intermingled with the scars.

The photographs they refer to were provided by us.  My husband is in uniform onboard the ship and the tattoo is clearly visible.  The SSOC concurs with this.   The BVA Judge saw the scars on the right forearm.    The fellow serviceman who provided the Affidavits specifically recalled the tattoo on the right forearm, when and where it was acquired.

It’s interesting that the records indicate unapproved surgical proceedures to remove the tattoo and then on the exit exam they indicate there is a tattoo on the upper left arm.   They also clearly note the clinical record of 2/28/69 reports much of the tattoo had been excised and then state the scar is healing well, etc.   The SSOC states there was no other tattoo acquired during service.   So, if this is true (and it’s not) then what tattoo removal are they referring to that was an unapproved surgical proceedure??????

We could not have presented the facts of this claim any clearer.  The QTC doc fudged up the exam, the VARO fudged up the SSOC, the VA fudged up the in-service medical records.   They are the ones who contradict themselves.   Our evidence is clear.   Their evidence is not.

Besides, who can really pinpoint the exact moment of exposure unless it’s a well documented fact with a blood test that HepC was not present on one day, then the exposure occurs and HepC is positive.   Prior to 1989 it was Non-A/Non-B Hepatitis and the docs didn’t know what this HepC was all about.

And so we await the decision of the BVA Judge.   Let’s hope he is a fair man and we both felt he was.   He could clearly see the evidence in front of him.    And, with the additional documentation that was submitted just prior to the BVA hearing, he should have a very clear picture of the facts of this case.

Lori

YES, he absolutely volunteered to show the VLG the scar on the right arm where the tat was.   Tom stood up, rolled up the sleeve of his shirt and bingo, there it is.    The VLJ saw the errors in the SSOC very clearly after he saw the scar with his own eyes.

Lori

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Robert E Vaught

We look forward to an update from you.    Wishing you the best of luck in your appeal and health issues.   Keep on keepin on.