Good News !!

Posted on September 26, 2011 by asknod
rotorhead
Registered: 04/06/10
Posts: 10
09/30/10 #1
I just received my decision from the V A. Service connected. Yipeeee.
The not so good news is it is at 0%. Which at this time is ok. Got over the biggest hurdle of having it service connected.I am ok with this at this time, I am not having alot of Hep-C symptoms. I just had a appt with Hep clinic and we decided to put off treatment for at least 6 months. I am not showing a big liver problem at this time.Thanks for the advise that you all gave me, I credit that with getting a favorable decision.

Dave
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 652
09/30/10 #2
Dave– Congratulations. As you point out, SC is the hurtle. Moving up the % scale is a cake walk in comparison. Take a long look at the following:


Daily fatigue, malaise, and anorexia, with minor weight loss and hepatomegaly, or; incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total duration of at least four weeks, but less than six weeks, during the past 12-month period 40
Daily fatigue, malaise, and anorexia (without weight loss or hepatomegaly), requiring dietary restriction or continuous medication, or; incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total duration of at least two weeks, but less than four weeks, during the past 12-month period 20
Intermittent fatigue, malaise, and anorexia, or; incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total duration of at least one week, but less than two weeks, during the past 12-month period 10
NonsymptomaticYou can and should appeal the 0% rating if you feel that your symptoms are more than just non symptomatic. Now is the time for that appeal rather than a whole new claim for increase. If you are satisfied with the 0% then don’t do anything. However, if you are like me and about 80% of the rest of the male population, you are probably macho and don’t admit to fatigue, mental fog or some of the other symptoms of this illness. Just be honest with yourself so you don’t step on your necktie. I’m glad you haven’t started to suffer like some of the more advanced cases we encounter. By now, most guys from the RVN conflict are getting further along with the disease and reaching Stage 3 or 4. Stay as healthy as you can and again, congratulations. It’s good to see a win at any %. You are now one of the lucky 15% who have prevailed against a stacked deck. 
 0
AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
10/01/10 #3
THAT is GREAT news !!!
Getting the SC is the toughest part …
Congratulations on your decision.
patrickd3049
Avatar / PictureRegistered: 09/27/10
Posts: 1
10/02/10 #4
Kudos Dave, It takes a whole lot of guts and tenacity to win against the government pencil necks. You give me more hope. I have been through the year long grind and for me it felt like I had the flu most of the time, though I understand that not all people feel that way.
Make sure that you are completely ready to accept the beating you take. I’m waiting to go through it again with the new ingredient to the cocktail. I understand that it cuts the time in half with a much higher cure rate (hopefully). I was below 50 bugs per milliliter through the entire treatment so I thought that I had it made only to find out that it came back ten fold six months after the treatment (miracle grow?). The doctor said I was a non-responder, BS. It is a good idea to wait until the VA sanctions the new treatment. I am beginning the SC process and I hope to live long enough to receive benefits. Once again, kudos, take good care of yourself, and good luck. patrickd3049__________________
Patrick DeHart
AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
10/02/10 #5
Dave ….

Good deal on the sc … your right, it’s the biggest hurdle to jump.   My husband very recently received sc for HepC after an almost 8 year battle.  Unfortunately, it toolk going all the way toThe Board of Veterans Appeals who finally made the decision.
I think that if we’d had the correct information from the get-go in his c- file, the claim process may have gone a bit quicker than it did.   A perfect example to have all ducks facing the same direction and all quacking at the same time when the claims process begins.   This web-site has proved to be an extremely valuable resource in my husbands case.   He hasn’t received a rating as of yet however, we expect it soon.  I wish you the best and continued positive health and well-being.
Patrick …
Bravo to you for going through the process of treatment.   It’s very rough, my husband did 2  –  48 week series and 1 – 26 weeks – yep, you read that correctly ….122 weeks total of the juice.   He’s a non-responder and in Stage 4 now but heck it staved off the virus while he was on treatment and his liver had a short term vacation and some RnR.  Miserably so, he had a rough time but made it through ~ somehow.  He’s a brave man and I admire his courage.
As you fa-nagel through the claim process, be sure to keep your ducks all going the same direction, read up on everything you can about filing your claim and be certain to have that all important Nexus to back everything up.    Quite possibly, you already have done all of this and I offer sincere congratulations for following the ever so tender VA protocol ~ and this message will perhaps serve as a guide for the next Veteran who files a claim.   It’s information gathered and shared that helps the next Veteran.   All those who went before us helped us along the way and we are very appreciative, especially to the HCVets  family and friends.   This is a superb group of folks who have paved the way for those who follow.
You have a good positive attitude and I wish you the best … in your health and your claim.
rotorhead
Registered: 04/06/10
Posts: 10
10/03/10 #6
Mom, you are correct about the ducks. If I had not found this web site I would still be floundering in the sea of the VA claims system. Ask NOD’s advice was spot on. I did allot of ground work and had all records that I could get.
Having said that I was very fortunate to have a C&P examiner who was old enough to remember what the Army was like back in that era.
I am very lucky as that my liver function in in pretty good shape. I have a very good Hepitoglist that took my whole medical condition in to consideration and we were able to put treatment off for at least six months.Again thanks to you all for the help and support, I promise that I will pass it along to another veteran who needs the help.Dave
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New and need help please

Posted on September 26, 2011 by asknod
HepMe
Registered: 12/01/10
Posts: 7
12/01/10 #1
Hello fellow Vets.Army Vet here, dates of active service June95 thru Oct97 then in ARNG thru 2003. Already 20% rated DAV for disabilities unrelated to Hepatitis. Recently (like two weeks ago) diagnosed during a routine physical as being Hep C positive. Stunned to say the least! All I know right now is that I have 1a type and my viral load is 3,400,000. Still in shock, not sure about a lot of things. Because I lack most if not all of the serious risk factors for Hep C, my first thought was that this could be service connected. Like many Vets, I had the air jet gun injections done to me, also I had two operations done while on active duty, one of which was done overseas. Also had much dental work performed, some of it overseas. In addition, I was stationed for a full year in Egypt (1996) and it’s my understanding Egypt has the greatest percentage of Hepatitis infection in the world. Worked closely with many local civilians, and it was local civilians who prepared all of my food while stationed there.On the other side of this coin, I recently (within the past two years) had two tattoos done (my only two tats ever) but both were done in what I would describe as clean, licensed, experienced tattoo parlors. I have never done injection drugs, never had a blood transfusion (I don’t think) and never done any of the other activities commonly associated with Hep C. In fact, I made a decision to quit drinking alcohol two years ago, and never looked back. Clearly this was one of the best decisions I ever made in my life. In the past two years I have made a bunch of of other really healthy choices too like improving my diet and getting back in shape, I could almost pass a PT today if I had too, always struggled a bit with the push-ups, still do. Anyway, I spoke with a DAV Officer yesterday and officially declared my intention to make a claim for service connected Hep C, as well as a review for increase in my two other VA rated disabilities. My date of claim then in Nov 30, 2010.

I have two appointments to see doctors coming up as soon as I could get them. Later this month I see a GI doctor, and in January I see a Hepatitis specialist at Tufts. I have done a lot of reading and I’m scared and nervous and clueless really. No idea what to expect, if it’s worth it, or if I’m doing it right. I need as much guidance and assistance as I can get. If this is service connected, all I expect from the VA is to take responsibility and rate me accordingly, if it’s not service connected, I would withdraw the claim myself and apologize for wasting anybody’s time. At this point I just don’t have enough real information to determine if I really believe it is connected. Presently I just think it’s possible, if not more than likely. Makes me wonder then, did I file the claim too soon before finding out more from the doctors?

Please help me.

HepMe
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 652
12/01/10 #2
Dear Sir,

    On the far left margin, under the subtitle of “Print VA Forms” is  a category with “VA Risk Form”. You will eventually be filling this out in the event you file(which you apparently have already). I strongly suggest you acquaint yourself  with it immediately and go over each and each risk factor. Consider them individually and take your time. Leave it for a day and come back and think about it again. You may or may not jog your memory, but you will have given the brain box time to digest the different risks and whether any apply to you. We commiserate with you on your new, unwanted disease as that is what we all have in common here. Forget the stigma and opprobrium that some would attach to this. Your biggest risk factor, as near as any of us can tell, is that you were in the military. Proceeding from there, you can get into subsets of risk such as service in Egypt. 

     First off, your HCV is a blood born, single stranded RNA virus, not the double stranded  DNA type encountered in HAV and HBV. While the B variant is most commonly transmitted via the blood/mucus path, it is extremely rare to unheard of to be transmitted  via the oral/fecal route. That would eliminate your theory of tainted food in Egypt. Analyzing the genotype is another clue. 1A, while not exclusive to the U.S., nevertheless is the predominant type found here. Egypt has a much higher incidence of 1B and 3B. While this isn’t dispositive of your infection while stationed there, it certainly mitigates against the assumption. 

     As for the recent tattoos, while the risk of infection from that vector can’t be discounted, your initial thoughts are most likely correct. The natural fear of many to the HIV/HCV threat has brought about a sea change in the way tattoo parlors do business. Where autoclaves were once exclusively found in hospital and dental clinics, their presence in clean, modern parlors is almost a given in the last decade. You didn’t mention where you had those done, but we will assume it was in the U.S.

     The possibility of your disease occurring in service is probably the biggest risk factor. The extensive dental work you mentioned, is certainly suspect, as the safeguards now in place were not the norm in the mid 90’s. A trip to the dentist today is all the evidence you need to see the disparity in antiseptic protocol practiced then. You described two operations but were not specific. If they involved a transfusion, they are always suspect in spite of safeguards instituted since 1992.

     It is said that fully 30% of HCV infections are never traced to a defined source. These are referred to as Cryptogenic infections and it may be that yours is one. However the jetguns in your case are a definite risk in our minds. If you can have a board certified gastroenterologist certify that: “it is at least as likely as not” (in those exact words)  that your infection was caused by the guns ,then you could win your case on appeal. Read the jetgun BVA decision on the Forums page. They are not precedence-setting decision but are a good road map to accomplishing what you are attempting. In addition you will have to obtain all of your military and medical records from the NPRC in St. Louis and provide them to the gastrodoc for his perusal. Part of the requirements for a nexus letter linking your disease to service entails your doctor stating that he has reviewed these contemporary records from your time in service and stating as much. He must also discuss why he has discarded any other theories or risk factors cogently to make the nexus bulletproof. We cannot tell you how many Vets have lost their cases on appeal for lack of these prerequisites mentioned above. The VA examiner who will eventually rule on your claim will still go out and seek his own opinion from an outside source and review your nexus letter for some discrepancy. Should they find one, all your and your doctor’s hard work will be for naught. This is a recipe. You cannot substitute ” He probably got it from the jetguns”. You cannot make any lay statements of a medical nature in your defense. You are limited in your testimony to what you can ascertain from your five senses. Any deviation from the recipe will make your souffle fall flat.

     To obtain the records we mentioned, look at the left hand margin under Print VA Forms for the SF-180 form and follow the instructions. The delay, from what we’ve heard is currently 2 months +or -. Do not expect your VSO to do this or you may never see them. You are the final arbiter of your claim and responsible for it. If it goes awry, you will have no one to blame but yourself. VSOs are a wonderful invention , but they are absolutely blameless. Become a DIY guy if you can.

      We hope this has been informative and if you have any other questions as your claim progresses, please don’t hesitate to ask us. That’s what we are here for. Do it once and do it right. I doubt you will get any of this advice from your VSO. They are not trained in the minutiae of the claims process. Think of them as nothing more than a mailman to the VA and then make sure they file everything you give them. Its like nuclear compliance. Trust, but verify. Keep copies of everything you hand over in the event they “misplace” it. Never give them originals-only copies. Best of luck and be prepared for a long journey.  —————Sgt. Nod. 

     

   

 
HepMe
Registered: 12/01/10
Posts: 7
12/01/10 #3
Sgt NOD,Thank you for the reply. Much information there.I looked over the risk factor checklist and have some questions that maybe I could ask you in a PM?

With regard to the tattoos, both were done in the USA, yes. One in NH, the other in Florida.

With regard to the surgeries I had in service, the overseas one involved the removal of a meniscus cyst from my knee and was done in Tel Aviv in 96 by a civilian doctor I believe. Can’t say for sure but I don’t think blood transfusion was involved.

The other surgery involved the fusion of my right great toe and was done by an Army doctor at Fort Drum in 1997. Again, I don’t think blood transfusion was involved.

I will get grooving right away on getting my military medical records. Will (should?) the DAV already have that because they helped me the first time I filed a VA claim? Does it help that I am already a disabled American Veteran and in the system so to speak? Have I filed this claim too soon? Should I be gathering up info, records, and letters BEFORE making the claim?

Edit: Regarding my theory about food in Egypt, is it possible that a Hep C infected Egyptian cook could have bled into my food and then I contracted it by consumption of the tainted blood? Is that even possible to get it that way?
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 652
12/01/10 #4
     To contact me via secure mail, log in and click on the member’s list. Click on N and then click on NOD. It will reveal my profile and on the left is a private e mail link.


     We can safely say that you didn’t have a transfusion based on your info re surgeries.The DAV does not have the military and medical records unless you specifically asked them to retrieve them. If they had, you would have had to fill out one of those SF-180s at some time in the past. If you had, you would be in possession of them and not the DAV. Remember, they are the mailmen, not repositories of records for Vets. Their job, ostensibly, is to represent you, be it in a courtroom, before a VLJ  or a DRO at a hearing. Ofttimes you won’t meet the guy until an hour before the hearing. Bad idea. That leaves you no time to coordinate your defense and marshal your offence. You should have your battle plan and a synopsis printed beforehand. All too often Vets are not prepared for these encounters. They are not versed in public speaking and feel marginalized by the presence of the SO.  The SOs I have come across often appear to be a bump on the log at these meetings and contribute very little other than support. Perhaps you will have more luck than me. I’m 0/3 with them and 3/3 defending myself.

     Because we are in the midst of two wars, the delay right now on initial adjudications is six to 9 months out depending on the complexity of your case. What, for instance, was your MOS?  Medics are high risk for needle sticks and exposure to blood products. 

     It doesn’t really help you to be in the system other than your local Regional Office aka “Veterans Service Center” in Boston(?) has constructed a file for you for the two prior claims. They have your C-file which contains your military, medical, and VA adjudication records. It is far easier to get them from St. Louis than the RO. To get a copy of your C-File entails closing down anything they are doing with your claim in order to copy it. It’s a paper system and fraught with lost files and accidental destruction of important records. Try to avoid this route if possible. Occasionally, St. Louis will tell you they sent all you stuff to the Local RO. In that case you would be forced to request a copy of the whole file from VA.

     In response to your last paragraph, I would put the probability of what you describe at 1%.  The Hep C virus is very robust , but I severely doubt it could withstand the rigors of stomach acids, bile and the like. It is said that HCV infected blood can dry on a surface and still be viable for three months. I am not a doctor or a scientist so I don’t know the veracity of  this. Trying to base your claim on this tenuous a connection would  be fatal. You would almost have to locate this cook and prove that not only did he have hep, but that it was the same genotype as yours. That’s a pretty tall order.  It would necessitate some expensive airline tickets and a good hotwire.com deal to start with. Again, the odds are astronomically stacked against this idea. Without trying to pry into your private life, we will just say that it wasn’t willful misconduct to contract the clap from ladies with, shall we say, questionable mores. That defense is recognized and many Vets have attained SC via that path. Explaining it to the better half can be daunting, though. 

     You have your marching orders. Now go out and assemble the claim. You appear to be of above average intelligence or else you have a phenomenal spell check program,sir. Assuming the former, we almost want to question your choice of using a VSO rather than defending your claim pro se. 

     We hope none of this conflusticates  you. Feel free to ask more questions as needed. 
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Liver Transplant/HCV

Posted on September 26, 2011 by asknod
ericdale
Registered: 06/05/11
Posts: 2
06/12/11 #1
Never done this before but here goes. I was Army 72-75,   Ft Knox basic, Korea, finished in Ft Riley. We were given shots by syringe in basic, and the jet gun at Travis AFB before shipping out. Sanitation was not high on the priority list in either place, soldiers faint, they move and bleed and faint and you were responsible to help them to chairs or make them comfortable. Who would have thought it would come to this!I had a physical in 2002 and the Dr knew there was something not right but wouldn’t commit to a diagnoses. In 2005 my wife and I moved to Phoenix area. In 2006 I went to a Dr here for another physical he diagnosed me with HCV. I tried the homeopathic methods which didn’t help. In Jan 2008 I went to Mayo Clinic, they have a clinic just for for Hepatitis. Stage 4 cirrhosis with carcinomas on the liver. Did interferon + rib, non-responder. In 2009 Mayo did an ablation for the cancer and got most of it. Moved up on transplant list and received transplant 7/13/2010.I haven’t been to work in a year (tried but unable). Still have the HCV and its attacking the new liver with a vengeance. Will try the new drugs soon I hope ,there is no protocol for transplant patients, could kill or cure me don’t know. Currently  suffer from the normal things, terrible brain fog, depression,
extreme fatigue and dizziness.I am collecting all the records I can get pertaining to this, 1 or 2 nexus will not be a problem for me to obtain. Hope to have everything by mid July.

About 2 months ago the doctor tried to get my bilirubin down with no success, which left her to tell me if it doesn’t come down she gives me about 60 days left to live. Without any treatment it began to drop to a manageable #. (prayers do work) I hope the new drugs fix the HCV before it completely destroys the new liver. The Dr’s explained that there are no overs for me no more livers for me because my body is destroying this one, so this has got to work. If it does eliminate HCV do I still have a claim? What should I be filing for?

Thank you and god bless you for the help you have given to so many.
Eric Dale

__________________
eric_dalman@msn.com
AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
06/14/11 #2
Eric …

First of all, my thoughts are with you for the ordeal you are enduring.  Thank you to you for your service as well.
You should be filing for “what caused” the cancer = Hepatitis C, if that is what caused it.   Be certain to read exactly what the web-site lists as plausible causes, jet-guns are not the way to winner-winner chicken dinner verdicts.   They can be but are tough to prove.   Take a look-see to the left about the Nexus and get your records in order, make sure you have all of them.   Service personnel as well as medical records and be certain the doctor who writes your Nexus indicates they have “reviewed all of the records, including your service medical records”.
Did you receive any tattoos while in service ?   Any transfusions ?   I’m certainly not suggesting that jet-guns are not the culprit but you would have to prove at least a 50/50 chance that one of those who received their shots ahead of you had HepC and you can provide a Nexus to that effect.   Tough to do.  Just something to keep in mind.  Sounds like you have a good, strong team behind you and I’ll be sending a few extra prayers your way each day.   This is a horrible virus.  My husband went through 3 rounds of Interferon/Ribavarin treatment and well, he has progressed to cirrhosis but had he not gone through the 122 weeks of IFN, he wouldn’t be sitting upstairs waiting for his dinner.
I really wish you well, please keep us posted, feel free to ask as many questions as you want to….there are many, many fine folks here that are more than willing to help a Veteran out.  Wives also.
RDMURPHY
Registered: 07/31/10
Posts: 49
06/15/11 #3
Eric I am a fellow vet who also had a transplant due to hepc. In your workup to transplant you had extensive blood draws. Did they type your hepc? This might be one way to attack if it is something other than type 1. Also did you have a biosopy on your old liver? not entirely sure but i think they can get a somewhat timeline on how long you may have had the dragon. not positive on that.Moderator is spot on about cause of your cancer also. My advice is to gather ALL your medrecs, both civilian and military and get a solid nexus letter from a civilian dr and put your claim together like a lawsuit. try to firure out what VA will try to use to deny you and look for means to refute or at least get a balance between pos and neg. After you have gathered all this, file a fully developed claim if you and your advisors feel you have a strong case. The fully developed claim is supposed to be a fast track. Also with cancer you have a legitimate right to file for hardship,which will expedite your claim. I filed in 2008, before the fully devoleped claim came into being and I was granted S/C in 6 months. I was however hospitilazed with hep on active duty. This is an excellent site for support and research into proving your claim. Be happy to try to help anyway i can, these folks have more insight than I do. GOOD LUCK to you sir
ericdale
Registered: 06/05/11
Posts: 2
06/16/11 #4
I have type 1, my bad luck. No tats or transfusions ever, no DUI’s or drug charges, my life has been pretty average. To go back almost 40 years to and remember names of other GI’s is out of the question.  What gets me is I new there was something wrong 10 years ago but the Dr just missed it. I’ll have those records next week. I’m putting together everything I can find in the way of doctors records.
After I have all my records should I seek a VSO (advisor) in the Phoenix area to help me put this together.__________________
eric_dalman@msn.com
squid_with_dragon
Avatar / PictureRegistered: 08/15/10
Posts: 131
06/16/11 #5
Since you were in Korea…NOD has gone over zillions of appeals for the jetguns and he thinks the predominant genotype is 1a for that. In Korea, the predominant genotype is 1b followed by 2a,2b. The same goes for Japan. I have the Japanese bug, 2b.It had been so long ago that when I was diagnosed, I just didn’t remember my hospital stay in Japan. Then it eventually came to me where and when I was poked.
RDMURPHY
Registered: 07/31/10
Posts: 49
06/16/11 #6
Eric, did they do a biospy pretransplant? Or sometimes they will ask you ib you want to donate the old liver for research. They did to me in 2007. you may be able to get some kind of statement from your transplant doctor on age  of hepc. You may consider reading as much of the posts and threads on this site. I belive I saw something on this site about stages of hepc cirriosis and the time required to get there.  lots of good info on this site,experienced people two. as far as  a VSO that is your call. My advice is to gather all your records and start looking. you will need a nexus, probobly from a civilian Doc.  If you are still in contact with your transplant doctor and or the nurse who handled your paperwork you might talk to them and exlain what you are looking for. They may be able to help you or not, however it can’t hurt to ask. My transplant team was world class and were willing to help me get my medrec’s 6 months after transplant. wish you best of luck sir
NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 652
06/17/11 #7
     One minor correction on genotypes. 1B was most predominant in the seventies in Europe. Most of the vets who served there (but not all) have that strain. 1A seems to be dominant in America and always has been. Hence the plethora of infections ostensibly via jetguns.  2A and 2B were seen almost exclusively in the Japan, Korea, Taiwan and Okinawa theatre. 3a was the predominant strain on the Indochinese  peninsula  (RVN, Cambodia, Laos and Thailand). This was true in the 60s-70s but many strains have migrated and hitchhiked to different places now. 1A and 1B are now roughly equal in America., but 1B is still predominant in mainland Europe. 2B is blooming in Africa of all places now, but is still the main strain in Japan. Disease vectors tend to prove modern transportation spreads the strains out. Duh. Nothing gets by those wascally scientists and researchers.
RDMURPHY
Registered: 07/31/10
Posts: 49
06/24/11 #8
Mr Eric, have you filed for SSD.? It will not put in with fortune 500, however it will help pay bills while you are dealing with VA
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Pension vs. Service Connection

Posted on September 26, 2011 by asknod

6/30/11

I’m at the decision phase for a non service pension for my hep c and or liver issues, im not sure how it was filed by the vso , until i see the decision i wont know exactly. I am sure i am not employable with stage 5 of 6 liver issues.

My question is,,,
If granted non service connected pension can I submit an appeal along with enough evidense to show that it is very plausible that it was service connection. i was in service 74-77 did my basic and ait at ft leonardwood,mo (testing ground for experimental inoculations)  I too shared jetguns. I also had a finger tip amputated and repaired in a dispensery at ft carson co. in 76 so very not surgical environment,, not only that i was a engineer mechanic and part of the knuckle busters and tool/ rag sharers.. what are my options to re-establish service connection… should i persue the hep from their surgury which is documented and claimed at 10% sc.. or go with all the above..email strawmouse922@yahoo.com.

———————————————————————————

Lots of interesting questions. Let me see if I can answer some to your satisfaction, sir. Assuming you filed this with a VSO, they will have a folder with all your info at their office. The normal procedure is to burn a copy of everything you sign except maybe the POA and give it to you. Not knowing who/how/ what was filed sounds a little too Helter Skelter for me. We’re talking legal paper here. A filing for NSC Pension is usually not too difficult if you are over 65. As you are 53, you may find they aren’t as warm and fuzzy as they could be. That one is hard to call.

     If you are granted NSC Pension and wish to try to go for a conversion to compensation, you will have to file anew. It will be considered a new claim. You cannot convert to a comp. claim in mid stream as there are two entirely different teams involved in the decision making processes. Either its a Pension claim or its filed as a comp. claim. They are not interchangeable.
     Pursuing the fingertip surgery based on unsanitary conditions is a very difficult claim unless you had two things. A really nice raging strep or staph infection following the surgery would suffice to prove unsanitary conditions and proof of a transfusion would show blood contamination/exposure. Absent that you really have no claim. Proof of HCV in the 70s wasn’t there. The 1992 PCR test for HCV was the first accurate, viable test. If you had Hep B in service and it was documented in your SMRs, you can win with a little work. Getting a nexus will be paramount to winning anything. VA is more willing to accept lay testimony now than they were 20 years ago. Still, it will not win your case by itself. Tattoos or STDs documented in the records will almost guarantee a win with an appeal.
     You use the term “re-establish service connection” and I am not familiar with that. It sounds from your post that you have a 10% rating for the amputated fingertip?  If that is the surgery you feel was responsible for the Hep. then you will need to prove what I mentioned above. If you have no medical training to prove your point they will rip your theory to shreds. I think it goes without saying that a picture of you in your underwear getting a jetgun shot does not comprise positive proof of contraction of this disease in service.
     Get a copy of your service medrecs. You would be surprised what you do not remember about that period in your life. You may also find something useful in there for a nexus. Filing a claim should be like packing and preparing to summit Mt. Everest. You need “stuff”. You don’t throw in a couple of cans of baked beans, a sterno can and some warm gloves. It requires a lot of preparation and a boatload of patience.
    Wait and see what your NSC Pension claim produces. This, if successful, will give you some financial breathing room to formulate a game plan if you decide to go for it. As I mentioned, assembling your medrecs and milrecs from the NPRC in St. Louis is imperative. If you have not done so, obtain them immediately. Google National Personnel Records Center in St. Louis and file for the records. You can do it online now. It takes a few months to get them so start now. We’re not going anywhere unless its to the hospital, so we’ll be here to answer your questions. I think they have good Wi-Fi at the new one near me.
     Happy Forth of July weekend to you and thank you so much for being a real American Patriot. We are few and proud-and rightfully so.
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Thank you for your response..I know I will be in for a battle on proving anything. I like the idea of NSC til filing a new claim. I submitted request for med/mil rec’s too. What gets  me is 67% vietnam era vets are/was stricken with HCV, the Govmnt acknowledged they had issues with inoculation, they used major money to prove and disband the use of those jetguns and methods of administerring. In 92 they accepted responsibility with plausibles yet they NEVER issued any notification to any vet to at least get HCV checked, instead they let it fester to a 30-40 yr of hidden survival of the virus so that NOW we suffer major side effects without a viable means to recovery or compensation.. they say you need proof beyond belief. I have enough proof and so do all the infected and that is NEGLECT.. IF a DUCK LOOKS LIKE A DUCK IT MUST BE A DUCK… I wont let it go unnoticed. thanks and i will keep all informed.

__________________
strawmouse922@yahoo.com
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  The VA is disingenuous at this game. If evidence of a new disease/ injury vector begins to rear its ugly head, the best thing to do in their minds is to bury it. Look at the Agent Orange debacle that went on for years. Nehmer 1 started in 84. Nehmer 2, which resulted in the dam breaking, occurred in 91. 2001 saw an increase in the type and number of recognized AO diseases. Again, this year we see even more added. As you point out, if everyone is falling like flies from Hep., and there is anecdotal evidence that insinuates it may have its roots in service, medical science would normally demand a study to ascertain any correlation to further our knowledge on the etiology. Not so the VA. In their convoluted thinking, there is a) no problem; b) no correlation between the two and c) no need to study this as it may be “plausible”, but has never been conclusively proven. VA Logic triumphs here. They have never done any studies to link jetguns to possible HCV infection simply because they know what the results would be. There isn’t enough money in the VA budget to cover the ensuing flood of claims. No, the best course in their mind is to pay the collateral damage on a first come, first served basis if they must and turn a blind eye to the glaring truth. Its easier (and far cheaper) in the long run to say no definitive studies have ever been done proving a link, than to discover ( read expose) the truth. Denial is more than just the famous river running through Egypt. And, yes, Strawmouse, your work is definitely cut out for you here. We stand ready to assist in whatever way possible.Godspeed and have a happy and safe 4th celebration. Having a minor in Explosives Ordnance Disposal, I know I will be doing my part to make sure America is duly celebrated this year.
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do you know of any real good vet reps in tampa ocala area that would help present a very good chance at getting my claim filed and won? all info is appreciated. Doctors etc,,,

__________________
strawmouse922@yahoo.com

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Actually, no. I live almost diametrically as far away from Florida as one can and still inhabit the lower 48. I am in the Seattle area, sir. I would suggest googling it as I find that works for everything short of a good waffle recipe. Try VA lawyers, Veterans Representatives or possibly VA claims help. I’m sure you will be assaulted with a long list of choices.

     I am off to go clamming before I end up back in the hospital. It seems my autoimmune hep. has decided to make another appearance. Minus tides are few and far between. One must take advantage of them and one’s health while he has it.
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Straw Mouse–Most of the people that hang around here had VSOs that blasted their HCV claims to smitherines! Because when you light the fuse, the fireworks either go off or they don’t. If it doesn’t “go bang” then it is considered a dud! My appointed “Duddley Do-right” disappeared with my claim into the hills and that is the last I  saw of ’em until my appeal date approached after the denial. When I tracked him down for the evidence that he was supposed to supply with my claim I found out he didn’t have any.Good luck in finding a VSO that can help you win your SC claim for HCV. I’m sure they are out there, just that no one has been able to find one yet. Thank you for your service and happy 4th to you and yours!!

Posted by Squid w/ Dragon

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Oh and Mr. NOD’s tricks and tips> A GOOD FOUNDATION

I think that is a good place to start, was for me anyway. Any VSO or Rep what-ever needs to speaketh that language and communicate those issues to you in that manner or they are probably just wasting your time…

Squid

Posted in Tips and Tricks | Tagged , , , , | Leave a comment

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 , , , , | 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
__________________
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

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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
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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 , , , , , , | 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:


     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.

__________________
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.  
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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.  
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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.

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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.
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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.
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