Veterans Claims Help

Miss date for Appeal

Posted on September 26, 2011 by asknod

6/20/2011

Need your help, miss appeal date in May 2011. I now have a nexus letter in hand from doctor Dr Cecil Bennett, (praise God). What do I do now? File a new claim, or how to get nexus letter in file. I’m not sure what to do. Dav is the service organization, but there not helpful at all. Need some guidance from NOD. In my file, the CP stated there wasn’t a statement from doctor. Of course the va doctor taking care of me, doesn’t believe in any nexus. So Nod directed me to Dr Cecil, what a good man.

I have Hep C, in record, being treated at a VA of memphis. Been on treatment but had to stop because of lung infections. Waiting to try new treatment. I have alot of health issue from having this virus 30 plus years. I have degen arthritis, in neck, back, shoulders, elbows, hands, wrist, hips, knees. Extreme Brain Fog, some problems in thinking, there ishemic matter in brain area. They said that think from Hep C.

Also, how to get them to look at this for hardship. Of course I’m the wife I this

great veteran. He couldn’t fill out anything. He really effected from this virus.

Also finally I file for disability from social security, in 2007, now got a date before a judge in July, we are closed to being homeless. Please help me, with this.

Posted by Marlin and Diane

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Marlin and Diane,

If you had one year from May 2010 to file a substantive appeal of a Regional Office denial (until May 2011) and failed to do so, then you will have to file a new claim to reopen the old one. VA is very strict about appeal dates. There is no fudge factor and or grace period. It is unfortunate but it is what it is now. Rather than attempt to get VA to see it your way, it would be best to just move on and refile. This also begs the question of what your VSO (DAV) was doing while all this was going on. Don’t they keep track of these things for you? If they don’t, perhaps you should be doing this yourself. Dr. Cecil is a Godsend and I hope you send him a thank you letter for his efforts.

Now, you need to refile immediately. I do not believe in VSOs personally , but you are free to do as you will. Everything you need to win can be found on this site or you can ask questions. Filing a claim with the VA is far easier than you think. Winning it is not that difficult either. You just have to have the recipe right. Keep a diary so you will know when deadlines are approaching and you won’t have this problem again. If you win your SSI claim it will be even easier to win the VA claim.

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Should I wait, and seen if I win the disablity claim with ssa. Also I’m trying to get another nexus, and a statement from a dentist. Do you think it would help?

Do I sent va case law that won on the same stuff I’m claiming. You guys are the best, wouldn’t know what to do without you. I did sent a thank you, to Dr Cecil, he’s the best thing that happen for veterans. God Bless this man. M&D

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Do not wait for your SSI case to be heard. Refile your claim for the Hep now with Dr. Cecil’s letter pronto. It will be 6 months before VA even gets around to looking at the refile. By then you hopefully will have the SSI. Now, remember one thing. You do not have to file all your correspondence with the VA on their special forms. You can use normal 8 1/2 X 11 white paper and clearly note at the top that it is a refile for Hep. Make sure you include the SSN and your current address, etc. If you have a claim # from the last one that is different from the SSN, then include that as well. Tell them in simple english that you wish to reopen your expired claim for Hep. and that the filing should not be construed to be anything but that. Include Cecil’s letter and push print. If they need anything else they’ll contact you. I hate to say this, but I think VA is messing with you on the May 2011 filing date, but that seems to be what they do best. You’ll never win that fight so its time to roll up the sleeves and do it correctly. We’ll be here when you need us, so just shout when you are unsure. As for advancement on the docket for extenuating circumstances, you might include that. Its called “Rule 900” and requires evidence of medical or financial ruin. God bless you all.

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Hello Friends, I told you I lost my mind with all of this, please help! In a day or so I would like to attached my cp exam, and want you to look at what the va said. Interesting stuff, first of all it was a physician assistant, and she didn’t really do anything, threw it back to me, stating the va does not recognize air gun, has a source for Hep C. That funny, cause I have some case law in hand the va rule in and gave the veteran compsensation for it.
That doesn’t make any sense. Dr Cecil nexus I now have in hand said different. Would you great friend like to see this c/p exam. I think the va made a error on this. Plus how can I attach a file to post. Not sure, but maybe I’ll figure this out. M&D

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Another question, my nexus, doesn’t state, more likely than not, it stated you where exposure to Hep C, in the military, by air gun, razor, etc. etc.
Do you think this is a good nexus? M&D

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Dr. Cecil has been at this for quite some time so I doubt he is a novitiate to the process. If he wrote a nexus for you, I’m sure it will hold up under VA scrutiny. Your PA(Physician Asst.) is mistaken in her assumptions concerning jetguns and the VA. The VA is obligated to accept a nexus from any doctor as long as the theory for the disease/injury is not inherently incredible or based on alien abduction. Many doctors are not well-versed in this process and make pronouncements that reflect their ignorance on the subject. Do not pay any attention to them. They belong to “The Moon is made of Bleu Cheese” club or the Flat Earth Society. Concentrate on assembling all your evidence and filing that claim to reopen. As for attaching a file, click on the blue Manage Attachments and follow the instructions. Use the black tab to the lower right labeled “Reply” to do so rather than the Quick Reply directly below. Make sure you hit the upload at the bottom of the window to attach it. We would be very interested in seeing the C&P and giving you some input on it. If possible, make sure to protect your SSN etc. While we trust all our members would never stoop so low as to steal someone’s identity, we cannot speak for all who visit this site.

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Well, here we go with a post from Marlin and Diane. The three documents in question are attached below in blue and identified as M&D #s 1, 2 and 3. Notice how the industrious PA-C has doffed her medical hat and donned a lawyer”s mantle. How convenient of the VA to cross-train medical personnel in the art of law. This kind of justice makes me sick and further illustrates the lengths VA will go to to deny legitimate claims.
Attached Files:

M&D1 (1)M&D1 (2)M&D1 (3)

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I had a PA who examined my liver, tell me that most Vets got HCV from passing around a cocaine straw! I didn’t say anything at all but was thinking: “what a dipshit”

Be interesting to see if she ever stated that I didn’t deny intranasal cocaine use. I am at the point that I just want to tell the VA “legal doctors” to take a FF. I know that wouldn’t advance my cause though. So I just keep my tongue in cheek.

It would be one thing if we were as wealthy as the VA director. However many of us are sick and on the verge of being homeless. All we are asking for is to eek out a meager existence. When I read how people like Marlin and Diane are treated it just burns me up. Now where was the VSO in all of this? Out to lunch as usual. What the hell is an advocate for anyway?

Posted by Squid w/ Dragon

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I read M&D’s Hep C and P exam. I found the exam to be defective, on several points, which should require another C and P exam:

1. The examiner, a PA, should have had this signed by a Physician Supervisor.

2. The Qualifications of the C and P examiner were not listed. Is this examiner qualified to diagnose and treat Hep C? This is not clear from the documents that he has experience treating and dx hep C. Not board certified, no “experience” listed..no physician supervisor signature to “over see” his work.

3. The examiner failed to give an opinion if the hep c was “at least as likely as not” due to military service. The examiner’s job was to make this judgement call, and he did not do this, either positively or negatively. While the examiner did cite a VA document suggesting an unfavorable exam, the exam was to determine if THIS Veteran was SC for Hep..not to implement VA policy. There are other possible causative factors other than jetguns…blood transfusions for one, and the examiner made no real attempt to determine the cause of the Hep C. For example, if the examiner reviewed the Veterans medical records and determined that there were no instances of “high risk” behaviour for Hep C, then this should have been so stated. A review of the records should show whether or not the Veteran had unprotected sex, whether or not the Veteran had a history of IV drug use etc., all of which are high risk factors for hep C.

Because of the examiners failure to even note the presence or absence of “high risk” behavior in the records, this exam is defective and does not provide either evidence to approve or deny the hep c. Whether or not the VA policy is to award SC on Vets jetguns is irrelevant to this instant case, or even suggests a “bias” on the part of the examiner to “pre deny” this case irrespective of the facts found.

The inconclusiveness of this exam renders it defective, as the examiner did not opine whether or not the military caused the Veterans hep c or not. Another exam is needed to correct these defects.

The exam “pre supposes” a negative exam result, based upon VA fast letters, which has no bearing on the instant case. This is in direct conflict with VA policy. IMHO

Posted by Broncovet

Posted in Tips and Tricks | Tagged HCV, Help with vA Claims, Jetguns, Service Connection, VA claims | Leave a comment

HCV from VA hospital laziness

Posted on September 26, 2011 by asknod

This is my first post so be gentle! Back in 1997, I had a colonoscopy day before Thanksgiving where they removed their usual 5 pollups. Went back to Friday and immediately started bleeding. I went straight to VA hospital where I had surgery done.The surgeon decided that he wanted to go home instead of fix the bleeder this was around noon.This was his first mistake. Second mistake, was he ordered that an IV be placed in my arm but forgot to order solutions for the IV.So I was left to bleed out for 22 hours without nothing being replaced.I was losing about 150-250cc every hour of blood. Hence the next morning they had to pump in whole blood before they could do the surgery.I believe that if either the Dr would have fixed bleeder the day I came in or if was getting fluids to replace blood loss I wouldn’t have needed the transfusion.It was a few months before the VA took any blood for tests. Then in the mail I get a letter from the State health Dept that I had tested positive for Hep C at the VA. I was upset beause they didn’t notify me directly. I went in asap and got all my necessary shots.My whole life changed forever from the point on. Family and friends either deserted me or treated me like a lepper.I ask my primary Dr what recourse did I have. He told me that I couldn’t do anything because they were the government. Since he was #2 man on staff, I believed him.(latter I found this to be a lie) Being abandoned by everyone, I had no way to take off the time to take the interferon treatments.(good thing, I found out latter my genotype had no responses to treatment at that time.The stigma that goes with Hep C followed me everywhere. People think your either a drug user or involved in risky sex. Neither was true.Last summer I was reading about how the Florida Vets got 100% disability and free medical from the VAs mistake. I felt like I at least deserved that for all I was going thru.So last August I filed a 1151 which is the only recourse I now have.After doing some research I found out that my Dr lied to me and that an incident report should have been written up and I should have been notified of all my options available to me including a tort claim.Luckily I have always been one to gather my records up before I move somewhere.VA takes years sometimes to forward records from one VA hospital to another VA hospital.So I always get my records and make them a copy when I move. Less BS to go thru.So I have I believe I have everything that has to do with my fixer surgery.ER notes showing loss of blood,notes showing blood transfusion and even some what I believe to be altered authorization notes for surgery and transfusion.Two authorizations are hand written except a small section that mentions transfusions risks which is now typed in.Why would any document be both computer written or hand written. they aren’t. Anyway I have tried to get a nexus letter from previous primary Dr, but he was retired early after about 2 months of me filing my claim.No reply from him. Also when I had a biopsy done by a specialist DR in Portland VA, she mentioned in small talk that it was obvious that the VA was at fault. Record shows no sign of Hep C before Surgery, six months after Positive for Hep C.But when asked to write a letter, no answer. I’m on SSD so I don’t have the funds for a Dr for hire.$4000 might be a good investment if you have the funds.Local veteran groups lack the knowledge to help with claims, they are just involved in the politics. My claim is entering the 12 month and still in the development stage.I’ve tried going the Congressional route but either was ignored or they are playing softball while the VA is playing hardball.I figured this would be an easy case. No Hep C before surgery, Hep C afterwards.Surgeons notes and hospital notes tell a slightly different story but close enough to decipher thru.Since this was my first claim it has been kind of a chop job.I’ve done alot of research of cases and gathering of info from sites like yours.So they know they have a rookie on this end.The RO even invented visits to a VAMC I’ve never been to to slow down the process.After 9 contacts by phone, letters and Congressmans Aide it is now gone after 4 months.Usually I handle stress well, but this is driving me crazy. Any suggestions!! Any and all help is much appreciated.I’ve tried to shoot down their no’s before they have a chance to give them.I figure I should hear something in the next month or so.So if I get ahead of them, maybe I won’t be fighting this for years.Between health and life, time is running out. Thank you for being available for us old timers. Mike
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johnsonbigred@hotmail.com

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12 months into it is when time starts to warp and stretch unreasonably. VA has so many strictures on the rules for filing one’s claim yet there are none for them to follow to issue a timely answer. We commiserate with you on the delay. We have all gone through this so we know exactly what you are going through. It sucks to put it mildly.

You must have us confused with some other Veterans Benefits web site as you will never hear any discouraging words here from us. We have feelings and know what Vets suffer when they discover this thing. Many Vets get serious depression from this disease, so we try to be kind, not judgmental. I found out in 94 and was treated like I had AIDS. When I refiled in 07, I, too, got the letter from the County Health Boys telling me not to engage in whoopee without a raincoat etc. Strangely, they didn’t do that in 94- just the big Scarlet H on the medical folder. When you consider all the ways you can get it and that Vets have a much higher rate, it somehow loses its ability to shame you and the anger starts. VA took 16 months to do my claim. Expect no less and maybe more.

Keep one thing in mind. VA is going to try as hard as they can to find a risk factor in your past. If you have multiple tattoos, they will imply you got it from that. If you have any treatment for STDs in your medical records after service, they will jump on that. Any entries by doctors implying alcohol abuse? Same thing. Did you ever admit to even puffing a stogie (even if you and Slick Willy didn’t inhale it)? Any free room and board at the Graybar hotel? Ever been homeless? They will probably run a Criminal Background check (CBI) to dig up some dirt. They will also probably argue that the blood supply has been safe since 1992 so you didn’t get it from their blood. Be prepared for this. If you have no nexus, we would be happy to supply you with the name rank and airspeed of Dr. Cecil who will get you one at no charge. The man ought to be nominated for sainthood considering what he has done for HCVets.

VA must have sent you a risk factors questionnaire by now. If they haven’t, they will. That will be crucial to your claim. Be VERY careful how you answer the questions.

If you want privacy in asking questions or for advice, use the private messaging service by clicking on the blue NOD name anywhere here on site. We’re here for you and all other Vets. We don’t care how you got it. We’re interested in one thing-getting the VA to pay you for it. There is a ton of useful advice in the different forums here. We haven’t heard it all or seen it all yet. Every claim is unique. By sharing your experience with others here, perhaps you can prepare them for this battle. We’re not all “Kumbaya, my Lord and thank you for sharing that with us” types. We’re down to earth, down in the dirt pissed off serious about getting Vets a win. We think Uncle Sam screwed up with the jetguns and a lot more and doesn’t cotton to the idea of accepting blame. So that leaves us to help others like you. VA talks the talk of making sure you get a fair shake. We don’t see that happening until every Vet with hcv is dead. Then they will step forward and admit the jetguns were the source. Not one day before. I already wrote my bucket list. Waiting for VA wasn’t on it.

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Thank you NOD for replying so quickly.I don’t why I waited so long to join HCvets. Alot of my what I call media evidence came from this site.I am 99% sure of how I got the Hep C, but I have such stuff as your info on jetguns in case I need to appeal any denial they may throw at me.They have never had me fill out a Risk Factor questionaire.They know I have no tatoos, no history of IV use( I hate needles),and during my surgery time period there seems to be alot of Hep C cases at CAVC that came from blood transfusions at VMACs that would have gotten their supply of blood from the same Blood center as mine did.Around that time period they stopped getting blood from the local prison system due to the high cases of infectious diseases.Due to economic reasons, The VA has been my main medical source of treatment since 1992. Never been arrested for any drug offenses. But the VA knew that I had a State (Oregon) Medical Marijuana card and I have never lied about it when they asked.Over the years like most Vets they have tested me for other drugs of which I never had any positive tests.When you are raising a family and serious about it, one doesn’t waste money on selfish habits.It is funny tho over the years since getting it, I have noticed little notes from mysterious people (not my Doctors) saying I once tried smoking cocaine with my wife.100% false and anyone who knew my wife would know that it was a lie.And I found something in there about Significant Other.Those are two words that are not in my dictionary. I have either a Girl friend or a Wife.I’m not prejudice of what others do, but those two words are only used by me to refer to a gay couple.Those two comments were only mentioned once by the same hospital. I don’t know if they were from another patient or were put there fraudlently.Since I always get copies of my records, it’s only since filing this claim have I gone completely over them with a fine tooth comb.I reported to OIG about some altered documents, some false documents and some just illegal activity by the offending hospital, doctor and the RO and all I got was the 3rd degree for involving them in my case.If the roles were reversed, I’d be in jail for lying to the Feds.I learned 40 years ago that there was a right way, a wrong way and the Governments way. And the Governments way has the option to change hourly if needed. I would love a nexus letter.Everything is on my computer in triple and I can send long form or a readers digest version.To be honest with you, one of the reasons I joined was that I was hoping to maybe get a buddy letter since the site specialized in HEPCVETS.A Doctors nexus is so much more.You have removed one of the many weights that has been burdening me for many months.This whole experience has been an eye openning experience.When I saw how the Modern Vets were starting to get what they deserved, I thought that maybe the VA had changed it’s ways.But was surprised to see that it changed for every other Vet, but us Vietnam Era veterans were still getting the short straw.Yes, we had the first non accepted war by the average American viewpoint. But not much has changed toward us after 40 years.If not for the modern Vets, I believe we still wouldn’t be getting any scraps of benefits.Denail was the keyword back then and they are still denying everything related to us.I’m hoping they see the wisdom of how I was done wrong by the whole system and they give me the same thing any other Vet infected has been given.I don’t want 1 penny more, just what is owed me.I figured if they hadn’t lied to me back then and told me of my options available to me, that they would be oweing me about $400,000+ in lost benefits.I see other Congressional reps getting the back pay Vets have been shorted, but I don’t feel mine are strong enough to stand up against them.Too much time has passed for the media to be interested in.Not enough numbers involved like the Florida Vets and the Dental patient Vets that recently contracted Hep C.Just one single VN era vet with one foot in the grave.Thank you for being here for us Vets!! ( Your right, I was wasteing my time at another vet site where the only respect I would get had to be bought and paid for by THEIR special people.$4000 is equal to 1/3 of my yearly earnings.)lol You will probably never realize how much your one post has already done for me.A grain of HOPE is a powerful thing!! Mike
__________________
johnsonbigred@hotmail.com

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The estimates are as high as 80% of the people who have HCV in the USA got it in military service. The government decided back around 2000 that they wanted to bury the entire HCV thing with Veterans. They didn’t want to spend the money on it. They figured that if they wouldn’t admit that military service was the primary risk factor, that those Vets would simply not be tested or diagnosed. And if they were not diagnosed, then they wouldn’t have to be treated. And the VA doesn’t have to compensate a veteran who doesn’t know that they have HCV.

I am the typical Veteran. I came out of active duty and got married. Went to work for defense contractors and maintained a DOD security clearance all of these years. I bought health insurance from the companies I worked for. I didn’t go to VA for anything. I was healthy, active and rather athletic, exercised constantly. I enjoyed a normal fruitful life and had my American Dream. We owned a newer tract home near the beach. Every thing was going well until the economy went South and then so did my life.

Lost my job, sold our home, lost my investments because UE insurance didn’t cover the bills. Couldn’t afford Cobra so then when I got sick and couldn’t shake it, I was forced into going to the VA. Was diagnosed with HCV in 2009 and since then have been treated like I am less than dirt, more like a piece of shit. And my service medrecs somehow were lost.

I talked to a good friend who was on a river boat in Vietnam a few weeks back. I met him on the job many years ago. He had no idea what HCV was or even the issue with Vietnam Vets. Now he knows that he needs to be tested.

Posted by Squid with dragon

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TUESDAY, June 16 2009 (HealthDay News) — The scandal over potentially tainted colonoscopy and endoscopy equipment used at three Veterans’ Affairs hospitals made its way to Capitol Hill on Tuesday, with U.S. lawmakers rebuking VA officials for not taking tougher action to remedy the situation.

In February, the VA launched an investigation after learning that more than 10,000patients at three agency hospitals in the Southeast may have been exposed to HIV, hepatitis and other infections through non-sterile equipment used in colonoscopies or endoscopies conducted as far back as 2003.

Some believe the problem may extend beyond those three hospitals, which are in Miami, Fla., Murfreesboro, Tenn. (where the problem was first detected), and Augusta, Ga., the Associated Press reported.

“I think this was an institutional breakdown,” Rep. Phil Roe of Tennessee, a doctor and ranking Republican on the House Committee on Veterans’ Affairs oversight and investigation subcommittee, told the news service.

After the initial problems were reported at Murfreesboro, the VA conducted a nationwide safety “step up” at its 153 medical centers. The agency says it has also discussed the issue with staff at all hospitals, as well as representatives of the company that made the equipment, Olympus America, Inc., the news service said.

The VA’s inspector general also conducted random, surprise checks on 42 VA locations to see if similar, lax sterilization procedures were in place. According to the AP, VA officials said that similar problems were noted at more than 12 other facilities, but they did not warrant follow-up blood tests from current and former patients.

http://health.usnews.com/health-news/family-health/cancer/articles/2009/06/16/va-faces-questions-over-tainted-colonoscopies

I apologize for tampering with your post. There was an advertisement hitchhiking on there that I had to remove. I pay good money to keep this advertisement-free so it bugged me. NOD

Posted by Squid with Dragon

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My experience with life after service was alot like yours. I some adjustment problems when I first came out of the service and went to local VAMC spent 12 hours there before being blown off. So I said feckum and I’ll deal with it.At that time only physical problems were with knees and like most of our time, one justs sucks up the pain. I wanted nothing to do with the VA no matter what till I saw what they did for my dad back around 1991.I gave them a second chance back in 1992 and they handled all my medical needs.The Boise VAMC is a what they consider a critical care hospital. They only handle patients with life threatening health issues.Unlike Portland VAMC who handles everything from colds to transplants.Right before starting up with the Boise Hospital, I was going thru a divorce and my ex wife was not the most faithful person toward the end of our marriage. So after I moved out, I waited for 6 months before I went to the health dept and had them do a full workup on me to make sure she didn’t pass something on to me.This turned out to be a great thing because everything showed clean. This happened 2 years before the surgery from hell which ended with a transfusion which ended with Hep C.This gave me a great independant source that showed no Hep C prior to surgery.I had to have half of my thyroid removed due to a cyst in 1999 and on some of the pre op paperwork it states that I had Hep C and that health dept showed clean test done back in 1992. Since then all paperwork always shows positive for Hep C. Wanting to do my part in my health, I stopped drinking completely(never was a heavy drinker) and stop taking any tylenol type of products.My latest biopsy in 2005 showed some problems, but for the most part everything was still working. Since then I’ve gone thru the 10 year time period when things seem to go south faster.Like you I was an athlete and was proud to keep myself in pretty good shape.The last 3 years I went from active to almost bedridden.Now I waddle like a duck and have gained 70 lbs that I don’t need.Had first major heart attack 2 1/2 years ago, 2 yrs ago I went into diabetic shock and nearly died.First member in family to have diabetes, but that is a different story for a different Vet website (AO).lol Even after all that I have gone thru, I’ll never regret my service to my country.My only regret was having to have that repair surgery at the VAMC.My opinion of them might be different if they would have only owned up to their mistakes and done the right thing.The longer they take to accept responsibilty the more anger builds up inside.Mike

__________________
johnsonbigred@hotmail.com

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This site has inspired some new questions, so I went thru my medical notes for around the 50th time and low and behold I found some info I was looking for.I found my missing genotype of 1b. The VA has always been really vague about any questions I have asked. I had a well known specialist while performing a biopsy on my liver, volunteer that my type of Hep C did not respond well to interferon.(this was 2005) She had Hep C and had the same type.So today after finding my genotype in my records and did the ole internet thingy.So I have learned that genotype 1b has something to do with Europe or Asia.Well never been to europe since relatives left in the late 1780’s.lol Did spend a year in Korea, but no transfusions, no risky(or kinky) sex,no IV drug use( hate needles),and only a couple of shots given by drs for my knees.Still convinced Hep C came from transfusion from a botched surgery at the VA hospital. Does the 1b mean that blood donor was asian/european or was a possible veteran with an asian connection?It really doesn’t mean anything to me unless it has a great history that can bring me millions on a movie deal.Hep C is just Hep C to me except mine is harder to get rid of.I can see how it can help a Dr in knowing which beer or cocktail to use on me besides a BIG HAMMER.Only thing I can decipher is that it is going to be a rough ride when things start sliding downhill.It just fires up my anger with my primary back then because that internal medicine was his speciality and he should have known that interferon would not work on me back in 1998.He only wanted me as a guinea pig to get money for studies for the hospital.I can now better understand why he lied to me about options against VA for malpractice andhis constant bugging for me to have the treatments knowing I had no backup support system.His motives were purely selfish in nature.Geez I wish there was some type of punishment for these type of Drs.Since supposedly no big deal for us to have Hep C, they wouldn’t mind doing the ole Blood brother thing we use to do as kids but on a larger scale.lol Guess I shouldn’t have typed that, I will now find it in my file that I pricked my finger when I was 8 yrs old and transfered blood to the neighbor boy and got Hep C.lol Probable NOT, but as possible as some of the excuses the VA comes up with.They would chickenout if they had to participate.Thanks for letting me vent!All information is welcomed and appreciated!!Mike

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The type of shots given to us going into Korea were known to be suspect for hepititas and a possible source of the virus. Now if the time line of that shot fits your desease time line, your in business…peter

Posted by Menalteed

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I was in Korea 71-72. The disease didn’t show up till a few months after I had a transfusion during a surgery in 1997. Does that genotype normally stay dormant that long before raising its ugly head?Except for the genotype (which I only found out today in my notes), Most of what I have read would have followed the other time schedule. The first blood the VA had taken was about 6 months after my surgery.I usually only go to the VA once a year.And the health dept gave me a clean bill of health before the surgery. The only other question is that I have had a slightly elevated WBC count most of my adult life.Any correlation there?I was almost positive that it came from the surgery.”HELP ME MR WIZARD”, I’m so confused.lol I’m sure the VA will clear it up for me! lol One thing they can’t say is ” You got it from a toilet seat in Korea”.( for those who have never been to Korea,their bathrooms are a square hole in the floor)Ok now, when does this benefit of doubt kick in for the Vet??? Mike
__________________
johnsonbigred@hotmail.com

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When you were in Korea the predominant genotypes were 2a,2b and 1b in that order. Some people got their Hep from the Munjis befoe they went to Korea. The MUNJIS seem to be some 1a around that time. I went 28 years without knowing I had it. All kinds of blood draws even in the hospital once for kidney stones. Look on the front webpage for ways to get it in service. There was no shortage of opportunity for the fairer and softer gender when I was there. But I just did a port call for a few days. If your biopsy shows stage 3 then that puts you back there in service time frame anyway. That isn’t one of the easiest genotypes to kick, I certainly wish you the best.

But I am just a newbie trying to learn the ropes like you. The “wizard” should be around shortly. The VA is famous for trying to pawn off their poison for no good reason. They try to make you think that you should just take the coolaid asap. I guess they have new drugs out there now, but don’t know how good they are.

Posted by Squid w/ Dragon

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Emmunoglobulin is the shot given to troops headed to Korea or when they arrived in Korea. It was formulated in many casses with blood drawn form Prision populations in the sixties and seventies prior to knowledge of HCV. I used that as a possible source but rather then admit that they gave me SC for jetguns. The QTC doctor when I told her about the shot said she had no doubt that could be the cause of my virus..peter

posted by Menalteed

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Can someone explain these numbers for me Grade 2/4 and Stage 2/4. Do they mean anything or give a time table. I’ve got 30 pages of lab test that have all kinds of numbers on them that make no sense to me. I’ll leave that for the Drs.lol Most just compare against high and low numbers during the time period 2000 till 2006.The Portland VAMC seemed to do more with my health problems. Boise seemed to only focus on my colon.lol.One thing about this disease you never stop learning about it. Mike

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johnsonbigred@hotmail.com

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You need to have a Liver Biopsy to find out what stage your in, for help on the time line. Ask for one, no insist on one as that will give you a idea on were you stand…peter

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The stage and grade numbers came from my last biospsy done in 2005.From what I have found at a med site was the Grade 2 out of 4 was mild little hepa to cellular damage.The stage 2 of 4 was Periportal or rare portal-porta septa.So from what I gather it is MORE LIKELY than not related to the 1997 surgery transfusion.I would have more damage if it was related 1971 shots (jet gun in basic and prior to overseas jet gun shots.)Couldn’t find any info on that Emmunoglobulin shot Menalteed mentioned.My shot record just showed what disease shot was for. But if my memory is right serum shots were not given by jet gun.I guess it really doesn’t matter what I find, until the VA decides on how they want to label it.Finding that the truth is often not relevant.lol Mike
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johnsonbigred@hotmail.com

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Not really big red, depends on your lifestyle, like eating a lot of protein or drinks a lot of alcohol, diet basically…. My husband, Gary has stage 4 or cirrhoses now, but stayed at stage 3 for many years. Plus we have vets connected from Nam era only stage 2…. The odds of getting HCV by transfusion in 1997 were far less than 1991 when they started testing the blood. The jet guns were withoutadoubt the most obvious, but also remember you served when the epidemic was at its height for Veterans… 62.7 % or 1 in 5 out of all vets, 2.6 million+ with HCV disease are from Vietnam, 18% post Nam…. Then remember… when you got the jet gun shot, another medic usually followed with a tray carrying a large vial and he injected each reusing that needle till dull and drawing vaccine continually from that vial. It boils down to this in my book- what was the greatest risk- and usually service wins hands down…. you’ll need a nexus to prove it. We can help with that once you have your med service records… look to the left of this page and you’ll see more info on that.

Good luck Sir

Posted by HCVet@AOL.com

Posted in Tips and Tricks | Tagged cirrhosis, Disabled Veteran, HCV, Help with vA Claims, Jetguns, Service Connection, VA claims | 2 Comments

How do you get a nexus?

Posted on September 26, 2011 by asknod

Hi, I have been battling with the VA since 2004 on getting my ratings where they should be and getting a rating for my HepC, but it has been a long road. first things first. I guess I am total dumbass because this has been wrong from the start. In 1973 when I was wrongfully discharged as a drug addict and unfit, no one told me to go to the VA and file a claim for my ulcer rupturing in service. No one told me I could file a negligence claim against the Army for allowing my ulcer to get to the point that it did rupture. I asked for a medical discharge but recieved a General under Honorable and let out 6 mos early. When I was at home a guy from the ODVA(Oklahoma) came to my house with an award letter granting me 30% for my ulcer and 10% for my hand that was broken when I got shoved down a flight of stairs in AIT. He also had a appointment letter for a C&P exam at the Oklahoma City VAMC. He also had a back pay check for four months of back pay.Now can anyone tell me how I can get a rating, and award letter, and a check before there is even a C&P exam? Does’nt the C&P come first to assess the level of disability? Clearly the VARO in Muskogee decided that for me. I was totaly ignorant about the way things work. Especially the VA. I had no idea of how they operate, but I still don’t know how they can issue a rating without first giving me a C&P exam.No one wants to comment on it, no one wants to hear about it. I have tried several times to get someone to listen to me but I get nothing. The DAV files these claims for me and then they seem to disappear. In 2004 I filed claims for HepC, ulcer disease, my broken hand, and negligence for neglecting to inform me that I am positive for HepC. They knew in 1999 I was positive yet I was not told or offered treatment until 2004. I have been unable to get a NEXUS from any doctor. So my Hepc claim is sitting there with its ass hanging out without a nexus. So that means I will proably get denied right. The doctor I had right before I moved back to Arkansas refused to even talk to me about service connection let alone get a Nexus. The private doctor I had refused to give me one because he did not have enough time to sit and go thru all that paperwork.

So if this isn’t bad enough to deal with just exactly who can give me a Nexus. My last denial for HepC was because they said I was a first responder at my last job and was exposed to blood. Which is a total lie because I never even put a band aid on anyone other than myself. I never gave mouth to mouth.

Who or where can I write to and tell my story that will get some action? It has been a long time since I got my award, but the way I got my award is wrong. How can the VARO make a decision without a C&P? I would like to see the initial claim so I can know who signed my name to it. Doesnt everyone who files a claim have to do so in person and sign the form? Just wondering what a person to do?

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whitewidoww@yahoo.com

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KC54-

Where to start? This will be a long one. I read this this morning and started digging for info during the day. I have several answers and lack some info on other parts with no access to your records and your rather abbreviated descriptions. Here goes…

Let’s start with the ODVA showing up at your house. I assume they found you because that was your address of record on your 214 when you separated? If not, I’m stuck. If that is true, it proves that you were entitled to this at discharge and they converted it to a VA rating. They just didn’t get it accomplished before giving you the boot. You would not need a C&P for it if you came out of the service with it in 73. That is called presumptive- i.e. you manifested it within one year of discharge. In your specific case, you manifested it before discharge-same difference in their eyes.

As for the Disappearing American Veterans VSO you signed up with, do not feel pregnant and alone. It seems that is the trademark of all those outfits. Once they set the hook with the POA signature, they evaporate. You do understand that the VSO gets a small retainer from VA for “representing” you? The POA sets that in motion. It’s a jealously guarded secret as to what amount trades hands, but the amount isn’t tivial. Perhaps now you can understand why they are always out beating the bushes enlisting new “victims” to refill their bank accounts. It’s like a Bernie Madoff Ponzi scheme.

Back in those days they could pretty much run over you with a tank and get away with it. Nobody told me I could file a claim with VA when I got out in 73 either. Like you, I was also given a General with 7 months off. Mine was for antisocial personality w/ passive aggressive tendencies after coming back to the World from 2 years in-country. The biggest “tendency” I had was to dive under something when a car backfired. I understand now it was PTSD. They gave me a choice- take the personality disorder or admit I was a queer. As I’m not, I opted for the former.

Now for the nexus. You have come to the right place for that one. You can ask the VA for more time to obtain one if the claim is on appeal. Have you filed an NOD? We don’t seem to have enough info to paint a picture of your judicial posture with what you have provided. For a nexus, we will ask you to contact Dr. Ben Cecil. He has provided nexus letters for many of the HCVets with a high rate of success. Below is his web link:

bdceci01@iglou.com

We’re glad you finally made it here. Perhaps you would have had more luck sooner if you had found us earlier. Maybe not, knowing how the VA operates. The important thing is you have a filing date of 2004. Protect it and do not let any deadlines pass. Dr. Cecil will help you. You will need your service medrecs and any other more current ones especially any VA VISTA records. If you have your military records, that may be helpful if you need to refute this drug business. Dr. Cecil will want to see that. We strongly suggest you read the posts above this to acquaint yourself with the VA process if you are not sure where you’re going. Read the Introduction and all the others through the Percentage of Wins. There is much there that can help you learn this game. Your VSO was probably not familiar with this side of the claims process.

We personally do not know how the VA deals with negligence lawsuits. You would have to file that under the Federal Tort Claims Act (FTCA) and have 2 years from the day it occurred to file- not one day more. That claim has to be filed on a Form 95 (see attached below). I don’t know all the rules as I haven’t done that one yet. VA noted on one of my C&Ps for my back in 89 that I had what appeared to be gastro problems that might turn into IBD. I came down with Crohns in 95. I didn’t find this out until 2009 when I got my C-file. Too late. We have heard this story of VA testing Vets for HCV and then not telling them that the results are positive. You are not the first. Something stinks about this and we are sure it isn’t just HCVets. We’re willing to bet it encompasses a lot more Vets with heart problems and much worse.

Who to call? Good question. This looks like a job for our illustrious defender of Vets- Senator Patty “tennis shoes” Murray of the State of Washington who is the head of the Veterans Affairs Committee in the Senate. That would be my guess. Her VA gopher is Kim Brown and he is a part of the GOB network in Seattle. We know he plays golf and racquetball with some of the senior fellows at the VARO. He talks the talk to you but I have seen some of his private email messages from my C-file and he does not walk the walk for us. He actually joked with the Congressional interest dude at the RO and said: “Yeah. That NOD guy thinks he’s gonna die and he’s hitting on me to get his AO claim settled sooner. Jez. What does he want? You guys just gave him $38 K in back comp. pay. So what can I tell him?” That, KC54, is reality. We are lower than whaleshit in their eyes. They give us lip service and little more. My guess in Arkansas is Claire McCatskill. She’s your senate gopher so you’re gonna want to make waves on her beach. This isn’t my forte. We like to fix Hep. claims and leave the politics out of it unless its personal.

You can always private email me and give me the skinny on the claim if there is something you don’t want out here. Otherwise, let ‘er rip. We hope this gives you more to work with than when you posted. I hope you weren’t over at some other Veterans site getting bogus info on hep claims all these years. I hate that when that happens. What we can guarantee is you won’t get 400 different answers on the subject with inane answers like “That’s what happened to my Cousin Leroy. He told ’em it was from AO and he won”.

Lots of luck on this and let us know what you need. We belong to the Pay it Forward for other Vets school.

Awesome info there. I had no idea of the presumptive thing coming out of service. That would explain a lot. I moved back to OK when I got sick due to financial reasons. My wife has been fighting with thyroid disease for years and so a lot of my time is given to her. We live on what I draw from SSDI and the VA. So getting the VARO to give me the right rating is important to me and our future. She cannot get SSDI because I make too much with the combined incomes, so she does’nt qualify for SSI either making her ineligible for medicaid and or state help.This morning I spoke to the VARO and all of my issues are on the table except for the negligence claim because some dork at the DAV did’nt file the form 95 I filled out and signed in his office. It disappeared some how so that is out the window I suppose. As far as my drug use goes this is how it went down. We were lined up and given a piss test. Two weeks later I was told I failed but I never saw anything that said I failed. I was never court martiled for drugs nor was I ever arrested for drugs. And besides all I did was smoke hash. But if I wanted to stay in I had to go to rehab which I did, but was discharged anyway as unfit/drug abuse which is what it says on my DD214. That was changed to Honorable in 1983, so does that mean my 214 should be upgraded as well?So my claims were remanded back to the VARO in Muskogee OK in 2010 from the BVA. Then they were sent to the VARO in Little Rock AR for so called fast track adjucation. My case was given to a DRO on March 22, 2011. I had a C&P in January 2011, so this is I am at the moment. HepC, ulcer disease with dumping syndrome and anal leakage, and my broken finger is what is at hand. I currently get 40% for my stomach ulcer/dumping syndrome and 10% for tinnitis.
Actaully I did submit my own Nexus, but they keep denying for some lame reasons. The first of course being no record of it during service, even tho I was given eight units of blood during surgery to fix my ulcer. I also spiked an un-explained fever of 105* in ICU recovery that no one is looking at. The second denial was that I was a first responder at my last job and was exposed to blood. But I never even put a band aid on anyone.
This will be my third attempt to get SCC for HCV. If I get denied again I do not know what my options if any are. But for the most part I have submited what is required and have not let any deadlines pass without response. Hopefully I will know something in the next few days or weeks. In a few days it will be sixty days since it was handed to DRO. But in the meantime I enjoy what I have learned here and I appreciate your response to my querys. Will definitly be posting the reults as soon as I hear from the VARO. And I will be contacting that Dr for help with a Nexus if it isn’t too late.__________________
whitewidoww@yahoo.com

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You state:

<<She cannot get SSDI because I make too much with the combined incomes, so she does’nt qualify for SSI either making her ineligible for medicaid and or state help>>

I want you to know that your VA compensation payment of $845 (40%+10% =46>50%) is not counted as income by any federal or state people. If they are, it is wrong and you should blow an ass gasket and get it fixed. I sure don’t pay taxes on my VA comp. and SSD and my old accountant said I’m doing it right.

Damn right your 214 should be redone. Some of us hang it on the wall and proudly point to it when visitors come over. I never fought for a upgrade from General to Honorable. What I did in SEA would never be called honorable, but I did what I was told. That is one of those subjective things you need to weigh. Is it important to have a physical piece of paper that says “Honorable” on it or is it sufficient to know they fixed it in 83 but never gave you any documentation?

Fast track adjudication is like friendly fire. It simply isn’t. You indicate that you have a DRO review in progress from 3/22/11. Rots of Ruck, bubba. The DRO is probably not going to give you anything. If you had a C&P in 1/11 they will use the results of that to write their version of your nexus letter. I don’t need to tell you how that will turn out. You need your own nexus from your own doctor. The legal landscape is littered with the casualties of VA nexus help. As for submitting your own nexus, the only way you can do that is to have an M.D. or ARNP after your name. Lacking those all-important initials, VA will laugh you right out of the VARO, but they will say they are laughing with you rather than at you- an unimportant distinction. No sir, Espiritu v. Derwinski (1992) said you cannot play dress up Doctor for a day. Layno v. Brown (1995) said you can describe anything that comes to you via your five senses. Keep that in mind.

You state:

<< The first of course being no record of it during service, even tho I was given eight units of blood during surgery to fix my ulcer.>>

Does this mean you were given 8 units of blood while you were in the service or in surgery after service? This is an important difference. If the surgery was after service, then the risk was not related to service unless it was done in a VA hospital. If it was in a VA hospital then you have to file a 38 USC § 1151 claim with the VA for negligence in inflicting this disease on you. If it occurred after service but before 1992, you’ll win. There is no statute of limitations on it and you do not need to prove negligence-just that it happened in the time frame I mentioned above.

You can rebut the denial of blood exposure in the first responder job two ways. Do you have any fellow workers who can confirm that you never had exposure? Or, was this job after 1992 and in the “new” era of more awareness of HIV/HCV and other communicable diseases? Either/or will work. Lay testimony under oath is a powerful tool for Vets now. You are capable of observing whether you were exposed or not during this job. VA has to accept that as positive evidence in your favor.

Now, let’s talk about your chances of success. You will probably not win at the DRO dance party. You have no nexus of your own yet. VARO DROs use the M-21 A1 manual which is simply a bunch of formulas for win/lose. Their flow chart goes downhill to the deny file regardless of what any bright eyed, bushy tailed squirrel at the VSO told you. Benefit of the Doubt does not enter in until you get to the appeals process. The DRO review is a diversionary attempt to delay your claim further. As soon as they finish screwing you over, you will file the Form 9 if you haven’t already. This is the “formal” appeal route via the BVA in D.C. The BVA does not use the M-21. They use that appendage attached to their shoulders with the ears and eyes poking out of it. Most importantly, they obey the law as outlined by the CAVC and they observe it religiously. The RO doesn’t care if they get it right or wrong. They still get their paycheck at the end of the week. The BVA are college-educated judges with real morals for the most part. They are far more inclined to employ a genuine reading of the law and grant a benefit of the doubt argument.

The silver lining I see for you is the DRO review will slow things down enough to give you time to get your nexus. If you get it before time is up at the RO, you can submit it there and they are obligated by law to give you another decision there. You may win. I would hate to see you have to go up to the BVA as the time delay is abominable. By the same token, I would rather you went to the BVA with it as your chances of winning there are far better. One word of caution. Having the Disappearing VSO as your representative will cause long delays there. They can and are allowed to take off with your record and let it sit on their desk for weeks and weeks until they get around to trying to figure out your legal strategy to win. I don’t recommend this. An attorney who accepts VA claims would be far better. They are getting rather hard to find these days as the financial return is paltry (20%) and the wait is interminable.

I might suggest that you also ask, as soon as the DRO 86s you, for a Board hearing on this if public speaking isn’t a problem for you. A video teleconference hearing is also available. It, too, may delay your claim as you have to wait to be scheduled for the hearing. If you are good at organizing your thoughts and presenting them in a public forum then you would make a good impression on the Judge. When you represent yourself, you have a strategic advantage over others with representation. The Judge will go out of his way to make sure you get a fair shake. If you have a VSO, the Judge assumes they will look out for your best interests. That can be a recipe for disaster in this business as you may have already discovered. VSO, in my book stands for Very Simply Outmoded or Veterans Screwed Over. With all the tools available on the internet a wise, intelligent Vet with a normal I.Q. can do this himself. Anything that confuses you can be cleared up with advice before you move forward. Being in control in a battlefield environment is infinitely superior to reacting to conditions as they arise. Consider this exercise in obtaining justice the same as a battle with defense in depth, a fall back position, and a well thought out offensive plan. Murphy’s laws of combat in Vietnam dictated that we never retreated. We simply advanced in a different direction. Make it so, Number 1.

Whoa Nelly and feed the horses! You mean to say that DHS can’t use my SCC from the VA as income? I know that I don’t have to pay taxes but the DHS has always counted my VA income. If this correct I need to find out about this because we have been denied food stamps and medicare in both OK and AR. I must find where it states that my income from the VA does’nt count at the DHS.And yes I recieved the blood during surgery to fix my ulcer while in service. It ruptured while I was in the motor pool doing my assigned job. I was so sick I could hardly stand but only two days prior I was told at the infirmary to quit drinking and return to duty.Man I have some work to do here. I have to find out who to talk to about getting my DD214 upgraded to honorable.I have already been to a video conference with the BVA in Muskogee OK in 2008 and it has been remanded. This is what I am waiting on. But I am writing to this Dr Cecil right now for a Nexus. Or am I too late since this is on remand? do I still have any appeals left after this ruling. I feel I will be denied, this has all been a shock to my system.

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whitewidoww@yahoo.com

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Shoot, bubba. This one should have been in the bag years ago. If you had a transfusion for even one pint before 1992 in service, this should have been paying since the filing date of 04. This is why you have to have a nexus. If you have a scanner or a fax, get me on the PM and send the original denial to me. Something odd is afoot here. VA must be trying to paint you as a druggie and use that for the denial (yep. you were shooting up hashish.)

As for the VA comp., that is cast in stone. Comp. is a Grateful nation’s gesture of repaying your sacrifice- free and clear.

This is why you have a VSO representing you to prevent you from getting screwed or do I have that backwards?

I’d say the 214 issue is the absolute last on the to do list. The nexus should be pronto. If you’re on remand from the BVA, write or call them and say you will have a nexus post haste because your VSO neglected to read Hickson v. West.(1999).

Time to put on your scooter shoes, dude.

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Dear Nod, I appreciate the time you are taking with my questions and issues. I am very grateful for this. I am pulling myself up dusting off my brain. I have begun getting these papers together and getting things straight. Yes it was 1972 when they had to operate on my ulcer. I have two surgical reports, one says I had eight units of blood and the other revised report says seven units. None the less I nearly died as a result of getting no diagnostic exams or treatment for an ulcer that was the size of a silver dollar. I was chastized constantly as lazy with no ambitions all the while I was suffering with that ulcer. I even got an apolgy from my CO and First Sargent for not believing I was sick. I tried hard to be a good soldier but I was mentaly beat down by my superiors and totaly neglected by the medical staff at my kasernes infirmary.As far as a VSO representing me I don’t know who actualy is representing me. This So at the DAV seems to know what is happening but the VSO who had my case in Muskogee OK is still my rep but he does’nt answer his phone or return calls. His name is Gregory Dubin. So I really don’t know who has my case. I am contacting Dr Cecil immediatly. I will get this nexus done and get it to them ASAP. I don’t think I am in danger of getting a decision before i can get that nexus sent in.Thanks man I have a new goal now and I will get out of the ditch I been in for awhile. I have been pretty depressed but I am done with that okay,,thanks for the spark man,,,,,,,__________________
whitewidoww@yahoo.com

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We have already had the report where the non performing VSO got the copy of a HepCVet’s SC win and asked him to come in for a picture with all the SOs responsible for his good fortune. It was a team effort apparently ,although the Vet wasn’t kept up to speed on all of the hard work they had put in for him. He was too busy doing the claim himself. Find your service officer’s affiliation and mail him/them a rescission of your POA. I personally would apprise VA of it as well and make sure they know you are repping yourself if you choose that path. I discovered I still had a chipmunk in my pocket when the MOPH demanded to know why the VA was no longer keeping them in the loop. This was 6 months after the rescission. Removing them was worse than getting bubblegum off your shoe. They may give you some static about it as you started the appeal with them. Some SO told me once that you are condemned to keep them, but I don’t buy that. The trademark of this operation is ” a veteran-friendly environment in which to present our claims” according to the ringmaster. Since the same SO told me that tattoos are willful misconduct and I would never win, I rather doubt he knows what he’s talking about. You will win on the transfusions with a nexus. Trust me on this one. It’s the number one risk for hep.

Please do us all a favor and put the medrecs about the transfusions in a very safe, secure, fireproof location-like in a safe deposit box. They are worth a lot of tax-free money and are irreplaceable.

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Those medrecs are very safe. What little they sent me when I requested them. But at least I do have the surgery report, but I have no records from the infirmary I went to nor do I have my shot records. Should these have been sent to me per my request? It took my state senator to get what I have. I am calling Muskogee this morning and withdraw my POA and call my VARO and tell them what I am doing and that I am waiting for a nexus since my VSO did’nt tell about that. He did not tell me anything about a Nexus. Why would they file a claim for me and then not have me get the required documents. I learned about Nexus from Tricia but two VA doctors and a private doctor turned me down when I asked them for a Nexus.
Like I was saying I have been very depressed and just gave up on everything until I talked with you here. Now I have some new meds and am feeling much better and I feel a little less confused.
I don’t understand what part of this surgical report they don’t understand. It clearly states that I was given blood and that I spiked a post op fever of 105* that was unexplained. It has been hell ever since. Can I submit a statement on my own behalf? I would like for my wife to make a statement also as to my illness’s. Man I am awake now and I am not going to take this anymore. It’s time to get mad and let them know I am not going down any time soon.__________________
whitewidoww@yahoo.com

————————————————————————————Sir, let me be the first to commiserate with your plight. You are not the first to discover your legal representation is not what you bargained for. I cannot even begin to tell you how much this hurts us here at Nodquarters to hear about the shortcomings of your VSO. This seems to be the modus operandi all too frequently these days. Whether there is a disconnect in the training of service officers or gross indifference to the needs of Veterans is immaterial. The end result is still an abomination.

When we entrust our claims to others, be they lawyers or VSOs, the clear expectation is that they will be prosecuted in a responsible manner. There is the unwritten assumption that the person or organization who offers this service is versed in the procedure. In fact, not just versed, but well versed. After all, this is all they do for a living. From 8 to 4 every day all these SOs do is type up the proper forms and contact the appropriate personnel. I know from my own experiences that it probably takes a year or more to absorb the very minimum to be a functional SO. Anything I can’t pull down out of my drop down brain screen can readily be looked up in the CFRs. Mostly, its like driving a car. Once you learn, you don’t have to remember which side of the street to drive on. You know what red, yellow and green signify.

The requirement for a nexus was first announced in Caluza v. Brown in 1995. For the mathematically challenged that was 16 years ago. Just in case that didn’t absorb into the VSO culture, another case enunciating the same exact legal concept was issued in 1999. This was Hickson v. West. Once again, for the truly impaired, Shedden v. Principi (2004) went all the way to the Federal Circuit. Short of publishing it in Playboy, it is virtually impossible for service officers or a Veterans Service Organization to claim ignorance of this seminal requirement for all claims short of ones where the evidence is so dispositive as to make a nexus letter superfluous (see Savage v. Gober 1999).

Nevertheless, we now discover your SO, in keeping with a long tradition, has withheld this little secret. I believe you are the second one this week we have encountered that has been similarly disenfranchised.

As for verbally rescinding Power of Attorney, let me assure you that it has no legal force. It must be in writing with your signature to pass muster. Similarly, contacting the VARO and announcing this verbally over the phone again has no legal validity. One cannot expect VA to make a tape recording of this statement and sandwich it into your C-file. In fact, one cannot expect very much of anything from the VA other than the promise of making a complete hash of your claim.

With that said, let us examine the actions of VSOs. Some are unarguably better than others. As a collective entity, their success rate is not stellar. Their popularity and win/loss ratio will never rise to the level of F. Lee Bailey. What perhaps concerns us more is the proclivity to “disremember” the very regulations that are necessary to win. We really hesitate to use the noun “collusion” as “in collusion with the VA to deprive Veterans of their rights”. Although the evidence seems to point to it, we just can’t believe there could be a conspiracy of this magnitude. Let’s weigh the evidence and then perform the “Benefit of the Doubt” dance.

1) VSos are afforded space right outside the doors of most VAROs rent free.

2) VSOs are provided funds by the VA upon issuance of a durable Power of Attorney to represent the Veteran before said VA.

3) VSOs seem to have a good working relationship with VAROs and have intimate access to raters and other personnel on a regular basis-what we call an open door policy.

4) VSOs present themselves as being indispensable in the presentation of your claim before the VA. Indeed, they tout themselves as the ONLY way a Veteran can get a fair shake.

5) VSOs have been known to dissuade Veterans from filing a claim based on the premise that the chances of winning are slim. They also have a propensity to advocate for judicial appeals with no chance of success. Absent a solid foundation for your claim, any later attempts to resurrect it based on the same flawed premise is judicial suicide, yet these paperhangers engage in this day in and day out with utter abandon.

6) VSOs tend to keep YOUR cards close to THEIR chest until the cause is lost. They then proclaim their mea culpas and don sack cloth and anoint their head with ashes. All this is a well-orchestrated show for the Veteran’s benefit. Granted there are genuine service officers who really care and are effective. I do not wish to demean them as a class. Actions often speak louder than words and the results most of us receive at the hands of these “experts” is appalling.

In sum, if you as a Veteran can find an educated, experienced SO with your best interests at heart and a small caseload, you may be pleasantly surprised at the outcome. Absent even one of these four prerequisites, you will be inevitably disappointed. What’s worse is that this individual has no control over your claim when it leaves to go to D.C. on appeal. That responsibility is delegated to a higher ranking member of the organization you will never meet who could be functionally illiterate but well-connected in the VSO. This is often where your claim runs aground. In a VSO, your claim is nothing more than a number. You, as a flesh-colored, breathing human being do not exist.

You are always free to submit a statement in your own behalf as is your wife. Limit it to the effects you can ascertain by your five senses and avoid playing doctor. Watch Judge Judy and mark her words regarding hearsay evidence. You wife cannot opine on your illness back to its inception unless she has been there from the beginning. Complete your statements with this phrase to ensure it is considered “under oath” or sworn testimony:

“I certify that the above statement is true and correct to the best of my knowledge.”

Now, I would have you weigh the six items above and tell us if you would give the benefit of the doubt to religiously prosecute your claim to anyone situated cheek and jowl with your sworn adversary. I’d sooner believe in the tooth fairy and the Sandman. Santa Claus is a given.

Well said and understood, I believe I did the right thing this morning. I now who is my rep there and I have a teleconference with him on tuesday morning. I want to talk to him before I do anything. I am just waiting for Dr Cecil to reply to me. I have the surgical reports ready and what little medical records I was given from the hospital in Germany. Hell most of it looks like someone just scribbled this stuff. Total chaos and even my Dr could’nt read the file. But my surgery reports are very clear and states I was given 7 units of blood during surgery and also noted the post op fever.
Yes I have often wondered why I decided to let the DAV handle this for me. I was succesful up to this point in getting my claim upgraded from 20 to 40 on my stomach but I had to go thru some stiff manure to get it done. I was told by my PC at the VAMC that I was suffering from what is called dumping syndrome. But I could not find a written diagnosis of it in my files anywhere, nor where there any records of going to see nutritionists. I also complained to my PC about bowel leakage and having to go to the toliet 15 minutes after I ate. No written record of any diagnosis yet they would sit there and say yeah, that what it is all right, and then record nothing. Some of my consults begin with, today I saw Mr Robert Vaught a 56 year old well defined and nourished male. Now let me paint you a picture, I am 6’3” tall and wheigh 131 lbs, I have a 29 inch waist and you can count every bone in my chest and ribs, I sticks for legs and muscle wasting in my hands and feet. There atcually is no other way to go except to represent ones self in this theater. I will know more come tuesday or like you said I am gonna blow an ass gasket. LOL Thanks for waking me up.__________________
whitewidoww@yahoo.com————————————————————————–

I didn’t have to wake you up. By coming here you must have been starting to wonder if there wasn’t more to this than met the eye.My old family doctor (and friend)of 15 years is valuable for decyphering medrecs. Sometimes I take Vet’s stuff in and ask him what the gaggle of abbreviations are. It’s like waving a set of new plans under a Builder’s nose. They have to look at them. VA has some that are more probative. WHNS= well healed no sequelae; NAD= no acute distress; WD= well-dressed; NCNS= no complications, no sequelae; ETOH = anything to do with booze; NPN= non-prescription narcotics; and there’s more. They all seem to have one thing in common. “You’re fine, son. Good to go. Perhaps you’d like to join our group therapy on Thursday evenings? Perhaps you’ve heard of them. Narcotics Anonymous? We also have alcohol abatement therapy groups, PTSD groups, Anger management groups, Kumbaya, My Lord groups. Yep. We got groups.”

DO NOT sign up for these. That will go into your record even if you’re just signing up to meet some new chicks at the group hug or the Come to Jesus meetings on the Drugs. Baaaaa-d idea. God, do I even need to tell VET people not to do this? When you are talking VA?- yes. VA is worse than your parole officer on acid.

———————————————————————————

I have been reading a lot of decisions in the vets favor and a large part of those that got a new rating or won their claim had no VSO. It always says appealant. Why do these guys even exsist is my question. Obviously if a vet follows these guidelines and advice they can come out on top istead of bending over. If I don’t hear what I need to hear tuesday morning I will set another set of wheels in motion.
__________________
whitewidoww@yahoo.com—————————————————————————-

I fear what you will hear Tuesday is a litany of excuses beginning with the old refrain that the VA is a hard taskmaster. It usually is followed by the admonition not to expect the world and to be content with a paltry 10% for tinnitus or 20% for DM2. VSOs are a wonderful invention for reducing unemployment figures but they contribute nothing to the economy and even less to the Vet. Consider this. I have had three encounters with three different VSOs- DAV, AMVETS and the MOPH. DAV got me 0% for tinnitus and hearing loss in 89 in spite of their virtual promise that I was going to win “big”. They lost my back claim and told me not to appeal to the COVA as it was futile. They certainly didn’t tell me I would have to be totally deaf in one ear and have a major issue with the other before I got ANY recompense for it. Why file for something if the prize is a goose egg that has no return on the investment? Concurrently, why tie up the courts with a claim that produces nothing and consumes several tons of pulp to publish it? Additionally, they didn’t tell me to appeal the 0% for tinnitus to 10%. Since I had “won”, I was entitled to hearing aids free. For what? To amplify the ringing in my ears? AMVETS told me I was going to win big on my hep and the AO disease in 1994. They neglected to mention that I had to have PCT continuously since I had left Vietnam in order to win. As all my hep.medical records were in a civilian hospital over there, I was denied on that as well. I retrieved and submitted them via the VSO. I didn’t hear anything for a year and went back to see what was amiss. The SO had left to become a used car salesman and my file could not be found. Everyone there shrugged their shoulders and suggested I start over.They had no telephone number to locate him so that claim went down the tubes. Military Order of the Purple Nurple seemed like a natural fit in 2006. Everything seemed “proper”. The rep was congenial and talked up a big win and how excited he was about it. The second visit as I became sick was different. He indicated I could never win the AO claim and the hep was going to be dicey if not impossible. He wanted to know all about my “drug history”. After explaining the GSW and the transfusion, he still wanted to know whether there was anything in my military records on the drugs. Their mindset has two settings- on and off. On my third visit I broached the subject of the nexus letter and asked when he was going to begin that phase. I got the 1000 yard stare for 30 seconds. Then he laid in on how every Vet knew about that and how was it that I was so out of the loop on this requirement? End of VSO representation and beginning of DIY. This site is the end result of that last insult. While I may have a bad taste in my mouth about the VSO process, my anger with VA’s perennial denials of legitimate claims for some of the most inane reasons is my biggest gripe. A Vet can do everything in his power to prove his case and lose it for lack of a document the government should have included in his folder. He may lose because there is no history of sharing razors in his medical records. How do you fight this insanity? He will not know this until months and possibly years later when he receives his denial. By then the desire to get justice has dimmed and his focus has moved on. VA depends on this. They count on it. Their long range financial planners incorporate this theory into budget requests. The money isappropriated for your claim but simply disappears into more personnel rearranging their cubicle and fatter pay raises for the upper echelons. I certainly hope Vets will begin to realize this duplicity and stay the course on their claims to fruition. It can be done, but requires a strong spirit that cannot be thwarted by their efforts to dissuade. This is where the VSOs augment the VA and encourage you to give up. Or they go the opposite route and send you off on a fool’s errand to D.C. with nothing more than your word against VA’s. Lose-lose for Vets and they know it or should. So, who’s the fool, fool? It’s time to rearrange the judicial furniture. Veterans can do this themselves, much to the chagrin of the VSOs.

Posted in Tips and Tricks | Tagged HCV, Help with vA Claims, Service Connection, VA claims | Leave a comment

WELCOME TO THE BVA

Posted on September 26, 2011 by asknod

WELCOME TO THE BVA

Congratulations. You have now lost at the AOJ level (your local RO) and have filed your Form 9. VA will dutifully shuffle your C-file, file their Form 8 and attach it, and stick this thing somewhere for a year. We’re not sure exactly where they stick it, but apparently its somewhere the sun doesn’t shine because you will not see it for quite some time unless you file a request for advancement on the docket. If you do, and you are an accomplished speaker, you can also ask for a hearing before a traveling VLJ at your RO or a video teleconference via TV. The second alternative sucks. You want to be eyeball to eyeball with this gentleman. You want him to see the earnest look and the emotions on your face. You want to look him in the eye and communicate your truthfulness to him. This cannot be done via a video.

You may prevail at this stage and avoid an appeal up to the CAVC. A hearing is only useful if you need to prove something. We had a Vet who came to us with a migratory tattoo that could only be nailed down onto the proper arm by showing it to the VLJ. The VA wonks accidentally(?) moved it via a C&P and no amount of effort could paste it back on the right arm. VA therefore denied because the SMRs said the left. The C&P disagreed and the SOC complicated it so badly that nothing could be done short of a show and tell. He won. There were some other issues regarding a buddy letter, but that isn’t pertinent info for us here. Sometimes the bubbleheads at the RO refuse to read their own regs and deny based on incorrect info. A BVA hearing can sometimes clear this up, but not always. If they are dead set on denying, a Claymore isn’t going to deter them.

A BVA appeal is a time alligator. It will be a year before they even acknowledge receipt of the C-file. It will dawdle in someone’s inbasket for about another year and then some action will ensue. After 6 months of development, they’ll send it up to the Judge for a gander and he may find something defective. This can entail a remand back to the RO. To avoid this, sign something that absolves them of the responsibility to send it back down. Give them authority to look for the defect and keep moving. This may deprive you of the right to have the RO reexamine the claim and possibly readjudicate it. Don’t worry. The RO is notoriously inept and will invariably just deny it all over again without ever completeing the required remand action. Alternately, they may just give lip service to the VLJ and stamp denied on it again becasue they’re lazy and think they’re Mr. Knowitall.. The BVA is the best venue in most cases where you are concerned. This assumes your claim is provable, has all the goodies we’ve discussed previously and was erroneously denied for illegitimate reasons. I hate to go up there, but sometimes you have to. At this point, and not before, you may hire a private law dog to help you. Up to the Form 9, you are limited to a pro se defense or (gag) a VSO.

Posted in Introduction-Read these first | Tagged HCV, Help with vA Claims, Jetguns, Service Connection, VA claims | Leave a comment

WELCOME TO THE COURT OF VETERANS APPEALS

Posted on September 26, 2011 by asknod

	12/06/08	#1

Date: 09/08/08Welcome to the CAVC and old age If your NOA finally arrives at the CAVC within the allotted 120 days, you will be greeted by many, many people—lawyers. You will need at least one, preferably 5 or 6 according to them. You will be granted funds to defend your claim. The EAJA, aka the Equal Access to Justice Act , will give you that moola if you prevail Hopefully, your new law dogs will find something radically wrong with your BVA decision. Should that happen, you are going to experience DEJA VU. The dreaded REMAND will be invoked and your claim returned to the BVA, who will, in turn, REMAND it to the -you guessed it- AMC. who will in turn , hand it to that really, really old Pony express guy who…… You may present your case, in person(pro se) to the CAVC but remember Shakespeare’s admonition: “A man who represents himself has a fool for a client”. Truer words were never spoken. These guys speak Latin as their first language. Your head will spin with sua spontes and nunc pro tuncs. Leave it to someone trained in this and try your hand at Wheel of Fortune. If your liverbox isn’t at Stage 4, you may get a decision before you climb Jacob’s ladder.The good news is that if you lose at the CAVC, you can appeal the decision to the Federal Circuit. Occasionally, the VA Secretary will do this if he is not happy with the results. It happened once in response to an adverse decision on Tinnitus ratings for each ear(in effect until 1999). He appealed and won. You can appeal a loss at the Fed. Cir. level to the Supreme Court of the United States if you can convince them to hear it. The VA Secretary did this in Brown v. Gardner. Any time you see the VA secretary’s name first (Brown), you know the Secretary is appealing YOUR win. It happens and is becoming more and more frequent. If you wish to view CAVC reviews by us, look in the Important CAVC Rulings Forum. There are a lot of pro se examples there if you wish to represent yourself. The Court will treat you with kid gloves and accord you great leeway, too. Good luck on your endeavors.

Posted in Introduction-Read these first | Tagged HCV, Help with vA Claims, Service Connection, VA claims | Leave a comment

TATTOOS, ACUPUNCTURE,JETGUNS & SKIN PIERCINGS

Posted on September 26, 2011 by asknod

	12/06/08	#1

Date: 09/08/08Tattoos, acupuncture, jet guns, skin piercings (uggh), Alien Abduction, STDs. The only money in this category is really going to be tats and STDs. You can claim the rest as risk factors and they will be considered (I was just joking about the Alien Abduction for all you guys from New Mexico) but until the VA floodgates bust, they are going to resist the jet guns. I know its unrealistic, but I’m going to be brutally honest. I personally suggest everyone list it on their claim and soon it will become accepted as a medical fact. List it along with all those inoculations you received with reused syringes, needles, vials, finger-stick lancets, and razors, especially (dry shave). Jetguns, as a stand alone claim, on a windy Tuesday, at the VARO in Waco, Texus, with 2 jet gun nexus, it might happen. But they better be” Most Likely” nexus and I still wouldn’t bet a new Lexus on it. That’s my story and I’m stickin’ with it. I sincerely wish it was otherwise. I never ever wished to be wrong about something more than this. If you have documented evidence of in-service STDs, you have a very valid claim assuming there isn’t a continuing medical hx of new, different STDs after service. If you have tattoos and you can prove you got them in service, that, too, is an asset in documenting risk. The military inspects you during your preliminary. physical and lists type/location of every tattoo/ scar on your body. They’re supposed to do the same on your separation physical. Okay, now stay with me here guys. If you have more tats on you when they give you the C&P exam than you did when you left the service, then the VA is going to come to the misguided conclusion that perhaps you got some of them after your discharge. If so, that would constitute a risk factor after service and not be SC. VAspeak= you lose/denied. Now, there is an exception to this. You may have gotten those tattoos after 1992. Those would be considered more “sanitary”. If your liver biopsy says Stage 3, then your disease is in the sixties to the early seventies. If your tattoos were acquired in the late 70’s on, then you can logically say they are not the reason for your HCV and still win. The “dead” zone for your claim is that 6 to 10 year window right after service for any risk factors- even wild, unprotected sex. The risk you will win with HAS to be IN SERVICE, not before or after.

Posted in Introduction-Read these first | Tagged HCV, Help with vA Claims, Jetguns, Service Connection, VA claims | Leave a comment

SPECIAL CIRCUMSTANCES

Posted on September 26, 2011 by asknod

	12/06/08	#1

Special CircumstancesFrom: Posted by NOD Category: What to do when filing a claim Date: 09/08/08 Special circumstances Okay. Let’s say that somewhere along the line you stepped on your necktie. I won’t tell you its not an issue-it is. It’s a big issue.In order to prevail, you are going to have to repair the damage to your reputation or satisfactorily explain what the meaning of “is” is. This is always easier if you’re the President, but we’ll assume you’re not. For our purposes here, we are going to hope you’re not the recipient of the Big Chicken Dinner. I can’t help you on that one. Even if you somehow managed to upgrade your discharge to a general, VA still will never grant you SC. It’s the law. They’re not being unreasonable in spite of what you think. I am printing here the pertinent parts of 38CFR 3.301 for all of you to read: 1) Venereal disease. The residuals of venereal disease are not to be considered the result of willful misconduct. Consideration of service connection for residuals of venereal disease as having been incurred in service requires that the initial infection must have occurred during active service. Increase in service of manifestations of venereal disease will usually be held due to natural progress unless the facts of record indicate the increase in manifestations was precipitated by trauma or by the conditions of the veteran’s service, in which event service connection may be established by aggravation. Medical principles pertaining to the incubation period and its relation to the course of the disease; i.e., initial or acute manifestation, or period and course of secondary and late residuals manifested, will be considered when time of incurrence of venereal disease prior to or after entry into service is at issue. In the issue of service connection, whether the veteran complied with service regulations and directives for reporting the disease and undergoing treatment is immaterial after November 14, 1972, and the service department characterization of acquisition of the disease as willful misconduct or as not in line of duty will not govern.(2) The simple drinking of alcoholic beverage is not of itself willful misconduct. The deliberate drinking of a known poisonous substance or under conditions which would raise a presumption to that effect will be considered willful misconduct. If, in the drinking of a beverage to enjoy its intoxicating effects, intoxication results proximately and immediately in disability or death, the disability or death will be considered the result of the person’s willful misconduct. Organic diseases and disabilities which are a secondary result of the chronic use of alcohol as a beverage, whether out of compulsion or otherwise, will not be considered of willful misconduct origin. (See §§21.1043, 21.5041, and 21.7051 of this title regarding the disabling effects of chronic alcoholism for the purpose of extending delimiting periods under education or rehabilitation programs.) (Authority: 38 U.S.C. 501)(3) Drug usage. The isolated and infrequent use of drugs by itself will not be considered willful misconduct; however, the progressive and frequent use of drugs to the point of addiction will be considered willful misconduct. Where drugs are used to enjoy or experience their effects and the effects result proximately and immediately in disability or death, such disability or death will be considered the result of the person’s willful misconduct. Organic diseases and disabilities which are a secondary result of the chronic use of drugs and infections coinciding with the injection of drugs will not be considered of willful misconduct origin. (See paragraph (d) of this section regarding service connection where disability or death is a result of abuse of drugs.) Where drugs are used for therapeutic purposes or where use of drugs or addiction thereto, results from a service-connected disability, it will not be considered of misconduct origin. (Authority: 38 U.S.C. 105, 1110, 1121, 1131, 1301, and 1521(a)) (d) Line of duty; abuse of alcohol or drugs. An injury or disease incurred during active military, naval, or air service shall not be deemed to have been incurred in line of duty if such injury or disease was a result of the abuse of alcohol or drugs by the person on whose service benefits are claimed. For the purpose of this paragraph, alcohol abuse means the use of alcoholic beverages over time, or such excessive use at any one time, sufficient to cause disability to or death of the user; drug abuse means the use of illegal drugs (including prescription drugs that are illegally or illicitly obtained), the intentional use of prescription or non-prescription drugs for a purpose other than the medically intended use, or the use of substances other than alcohol to enjoy their intoxicating effects. (Authority: 38 U.S.C. 105(a)) Cross-References: In line of duty. See §3.1(m). Willful misconduct. See §3.1(n). Extended period of eligibility. See §§21.1043 and 21.7051. Periods of entitlement. See §21.5041. [26 FR 1579, Feb. 24, 1961, as amended at 37 FR 24662, Nov. 18, 1972; 54 FR 31951, Aug. 3, 1989; 55 FR 13530, Apr. 11, 1990; 60 FR 27408–27409, May 24, 1995]Having stared at this for the better part of this year, I can summarize the high points for you. If you hadn’t noticed, VA does not write in Dick and Jane format. If you were not adjudicated a perennial drug addict in the military, and you have the biopsy criteria mentioned above, you basically should not be denied a rating. After service, you needed a cooling off period of 15 to 20 years before you started that new career of trying to park a Maseratti in the nose garage. If you started misbehaving in the 80’s or 90s, and the biop. says Stage , 3Grade 3, its a safe bet you didn’t get it in 1990. However, if you walked out the front gate in 1972 and continued putting a major dent in the annual production of Burmese Heroin, you have a problem. Usually, when the drugs wear off and you go to detox, you have that “Come to Jesus” meeting I mentioned above. You probably don’t even remember it or what was said. VA does. You may even have bragged about how many ounces you sold in a week, or that you were crowned the Speedball King of Brooklyn in 1988. No matter. You would be well advised to sashay on over to the Social Security Office and put in your claim there, RFN. VA is not going to get all warm and fuzzy and embrace you with open arms.

Posted in Introduction-Read these first | Tagged HCV, Help with vA Claims, Jetguns, Service Connection, VA claims | Leave a comment

SUMMARY SO FAR

Posted on September 26, 2011 by asknod

Summary so far

From: Posted by NOD
Category: What to do when filing a claim
Date: 09/08/08
Comments

So, to summarize, you want the gold standard. Most likely is going to put the chicken in the pot. More Likely Than Not is good, but not great. the More Likely Than Less Likely is useable, the At Least As Likely As Not will get you there and most have been won with the evidence in equipoise( evidence in favor balanced by evidence against), as measured by the yardstick of the VA. I have read decisions where the Vet had a MLTN and the BVA said it was in equipoise. The guy won and he had no black marks on his record. Go figure. These different degrees of nexus can become very important . If you have the equipoise version, the VA may get one of their examiners to opine that MLTLL that it isn’t SC. So they win because 60% against is bigger than 50-50. Or, let’s say you’ve got MLTLL and they don’t like the fact that you had a little drug hanky panky and ended up at the Long Binh Stockade for an all expenses paid month long vacation. They run out and get the “Liver Specialist” from Syracuse VAMC to say “its unlikely (20%)the hep was incurred in service”. Bingo. You’re down the tubes. Keep in mind that they go out and get their expert AFTER you have submitted all your evidence. You won’t have an opportunity for rebuttal until you get to the appeal. What you need is more than one nexus when they are “iffy” . Two ALLNs will beat a LLTML. See where this is going? Now, if you arrive with 4 of a kind(ML), they won’t even mount an offense. however if you’re sitting on 2 pair and bluffing with an internet article and a picture of some guys in underwear waiting for a date w/ a jet gun, that emboldens the VA to see you and raise with another Hexpert. The moral of this story is simple: Always bring a gun to the rocks ,paper, scissors game. Better yet, a hand grenade. You’ll always walk away a winner.. There’s no law that prevents you from bringing more than one nexus to the decision making process. The VA has so many copies of that jet gun pic. they could paper the White House with it. They have enough newsprint to start the NY Times. At the end of the day the poker game will be won or lost with the nexus, not the newspaper. Any medical evidence you submit must apply to you, personally, not a class action group. BVA nods sagely and pretends to weigh the internet stuff but that’s just for show. If everyone in the Mormon Tabernacle Choir came down with the flu because they got a flu shot with the same jet gun, it would not advance your theory one bit that you got the flu from a jet gun ,too. You just have to trust me on this one .I can’t make this any more elementary. I assume most vets are educated so I won’t dwell on the subject. If you need help getting a nexus, contact HCVets@aol.com

Posted in Introduction-Read these first | Tagged Disabled Veteran, HCV, Help with vA Claims, Jetguns, Service Connection, VA claims | Leave a comment

THE MUST HAVE NEXUS

Posted on September 26, 2011 by asknod

The MUST HAVE Nexus

From: Posted by NOD
Category: Nexus-Nexus-Nexus
Date: 09/08/08

You now go to the doctor and present him with the problem. You need help. Don’t offer to split the settlement. That is right out. Hopefully you have developed a camaraderie w/ your doc. If he has had time to observe your disease progression or has known you forever, this is the easy part. If not, you will have to ask politely. Most docs are really skittish about putting their reputation on the line with a nexus if they don’t know your history. Nobody wants to testify to the bona fides of a guy and find out later he’s a drug user. Develop a positive relationship. Don’t appear desperate. Don’t preprint it and stick it under his nose with a pen when you come in for an appointment. You want it in his lingo on his letterhead. I found a template on this website and gave it to my doc to use. It worked just fine.http://hcvets.com/data/transmission_methods/Nexus/liver_specialists_of_texas.htm Now, there are certain words that must be used or you will be SOL. Lets all do this one time and be successful. The words “may have, possibly or probably” or any derivative thereof are not acceptable. You will lose. If you don’t believe me, try it. Better yet, read the plethora of denials that contain those phrases.. VA now works with a word/% formula. This whole process is speculative. That means no one is 100% sure where you got this bug so everyone (sorry, just the doctors) is going to offer an educated guess as to where it popped up and when. Your opinion is worthless. You do not have any medical expertise and ,therefore, anything you offer in your defense is considered useless. You are allowed to testify about the color of your skin, if you felt sick, and whether it was dry season or monsoon. Your testimony on any of this is considered to be truthful unless or until you are caught in a lie. Testimony at a Traveling Board Hearing is recorded and transcribed for the BVA to peruse during the decision process. I strongly recommend you avoid opening your mouth and inserting your foot. Let your medrecs and your nexus speak for you. You are not Perry Mason. You will inevitably feel obligated to fill in all those pregnant little pauses the VLJ leaves between questions with small talk. Don’t do it. Here is the VA formula of phrase = % of probability as near as I can ascertain: Most likely=80%. More likely than not=70%, More likely than less likely=60%, At least as likely as not=55%. The evidence is equipoise=50% (38 USC 5107) Less likely than more likely=45% and who cares below 50% anyway because you are screwed!!!!

Attached here at the bottom is my Doctor’s winning nexus from Jan. 2008. We were unaware that Groves v. Peake was right around the corner in May. I strongly suspect that is why I was granted SC. Additionally, VA did not believe my doctor so they sent it out for a C&P with QTC. That doctor agreed with mine. VA still would not take that as a yes so they sent it out for an Independent Medical Opinion (IMO). I attach that below as well.

sanitized Nexus

Posted in Introduction-Read these first | Tagged HCV, Help with vA Claims, Jetguns, Service Connection, VA claims | Leave a comment

THE MEAT OF THE CLAIM

Posted on September 26, 2011 by asknod

The meat of the claim:

You have a problem. What’s the repair order? Get your military and medrecs from the NPRC in St. Louis, Mo. if you have never filed for compensation with the VA.

This link will get you started. http://www.hcvets.com/data/va_news/FilingClaims.htm

Otherwise, if you have, request them from your local RO or the RO where you filed your claim if it is different.

Get all of them, charts, labs, x rays, anything medical. Your doctor will need them to create a nexus letter stating your disease (s) were connected to your service.

Start now. It takes time which is something you will find you have lots of as your illness progresses. A wonderful ploy by VA is to wreck your nexus by saying your doc. was not privy to all your military and medrecs so his Dx/nexus is not as valid or valuable as the VA examiner’s nexus. The military records are necessary to ensure the doctor can see you had no drug charges (IVDU or intranasal) against you (UCMJ). VA will remand your file if the doctor does not clearly state that he has reviewed ALL the rec.s-both mil. and med.

Often, you will get into a pissing war as to who’s doctor has the most “board certified”s after his name. Relax. You want private doc nexuses, if possible.

They make $200K a year and are way bigger/better that the $89K VA docs like Dr. Habib Haboob. Besides, they work for you.

Would you ask to be represented by the attorney of the guy who rear ended you? If you have always used private medical care, chances are you’ve been going to the same gastrodoc or hepatologist for years. They are well versed in your medical condition.

If you have been using the VA as your medical provider, all is not lost. Your personal doc is valuable if he is knowledgeable about your disease and its progression. He must, however be able to access all your military/SMRs. That is a prerequisite for the nexus to have medical validity.

Most docs. don’t have a dog in the fight. VA cannot fire your VAMC doc for providing you a nexus. Most feel empathy for you even if you were/are a raging junkie.

If you don’t drink or smoke, you float higher in the sympathy column because you’re not actively engaging in the destruction of your liver. It goes without saying you’d be better received if there was no drug hx at all but we are not all saints. By the same token, anything you tell your doc. is fair game against you.

Again, be honest with the docs. If you tried to bed every babe in Cholon and came down with Syph or the clap in service, that is not willful misconduct. In fact, if its in your medrecs, its evidence in your favor as are tattoos received in service. I never met any vets who engaged in acupunture in service, but that, too would be okay.

A dx of Non-gonococcal urethritis(NGU) can be proof of forgetting to put on the old raincoat. I used most of mine to keep the dirt out of my M-16 barrel. However, if you came home and developed a history of arrests for patronizing prostitutes for 10 years before finding that significant other, that would constitute evidence against your claim.

Any tattoos received after service are reasons for denial of your claim. There is no reason to have a “Come to Jesus” meeting concerning anything you did after service. If you have been incarcerated (some would prefer to call it being a guest of the state)at the Graybar Hotel for any period of time, the VA will use that against you .They may suspect that you became Jim Bob’s “girlfriend” and that, gentlemen, is a risk factor.

Some RTs are prejudiced. Don’t be surprised. There are just so many $ available to Vets. Any claim that can legally and medically be denied will be. The current success rate is 12 %.

VA is no different than an insurance company. Consider them as such. They are not on your side. You should have a biopsy by now. If not, go get one RFN. Ultrasounds are too speculative and don’t show bridging necrosis.

If you had a love affair with Johnnie Walker Black, and its in the medrecs, you’ll surely need one just to disprove alcoholic hyaline cirrhosis. Your biopsy must show, and I stress MUST, at least a Stage 3, grade 3 liver with 3/4 fibrosis. This is an indication that your liver has been diseased for at least 30 + years.

As you can see, my advice is directed at male Vietnam vets with a window of service from 1962 to 1975. A biopsy for a Gulf war vet would not show this. But for Vietnam vets, sorry, if your biopsy is Stage 1 or 2, it means your hep started in the 80s and means denial.

Your doc., however, will be the final arbiter of this. The more power to you if you can get a later nexus. If you can obtain more than one nexus, it will really improve your chances of winning, especially if your claim is dicey because of a prior risky lifestyle. Remember, no claim is dead in the water if you can get a nexus. That is the secret to SC.

Remember always- some examiner from the VA is going to “opine” that it is “more likely than not” the hepatitis you’re claiming is not SC. They use anything to reach this end. Everything you did after service is fair game- police records, private medrecs, anything you ever said to a doc, welfare clerk, job applications incarceration records, DUIs, SSA records- anything. If a private dick can find it, they can.

They are going to give you a form (21-4142) to submit to all your health care providers(private) requesting your medrecs. So be honest. It’ll bite you in the ass if you don’t address it. I don’t know how many claims I’ve read that said the Vet said this and the medrecs contradict it.

They will give you a risk factors questionnaire to fill out listing all the VA recognized vectors for contraction of HCV. I am not, repeat not, going to tell you how to fill this out. One observation I will make is I don’t believe some of those factors constitute risk. I am not a doctor. I am not qualified to make that assessment.

The form will become your report card for this disease. Anything you check off will be used in a decision on your claim. Think through it before you fill it out. You can win. Just remember that you have to prove everything you check off on.

The odds are better than Reno if you can find the supporting evidence. That might be the hardest part.This claim process can and should be buttressed by additional risk factors such as jet guns as we all were subjected to that indignity. It is obvious to everyone except the VA that they posed as great a risk as IVDU .One other risk which is now being recognized by the Court is a duty assignment in Vietnam, Thailand, Cambodia or Laos. This theater had and still continues to have a documented history of high incidences of HBV and now HCV. As such, it is a risk factor in its own right and should be listed.

Posted in Introduction-Read these first | Tagged HCV, Help with vA Claims, Service Connection, VA claims, VSO | Leave a comment

Veterans Claims Help

Miss date for Appeal

HCV from VA hospital laziness

How do you get a nexus?

WELCOME TO THE BVA

WELCOME TO THE COURT OF VETERANS APPEALS

TATTOOS, ACUPUNCTURE,JETGUNS & SKIN PIERCINGS

SPECIAL CIRCUMSTANCES

SUMMARY SO FAR

THE MUST HAVE NEXUS

THE MEAT OF THE CLAIM

The meat of the claim:

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