Veterans Claims Help

Here’s a decision that grants the Vet SC for Hepatitis with nothing more than jetguns as a risk factor. You say: Hey! All well and good. Then the Idiots at Military Order of the Purple Heart(MOPH) don’t take the next obvious step and link all his other obvious hep illnesses as secondary to the Hepatitis. This is financial suicide for the Vet because he can now ONLY collect the VA pension instead of VA Compensation AND SSD. The majority of this Vet’s symptoms are attributable to Hepatitis. It’s a no brainer. He’s unemployable and no one disputes that. The hangup is that the BVA and the VSO collude, come up with a sub par Hepatitis rating that doesn’t encompass his true disabilities, and then give this VET the bum’s rush to Pension @ 100%. That’s a weak $3 K/mo.(or $36 K/yr.) assuming he’s married w/o children. If he were getting it as Comp., he’d probably get another $1500.00 (SSD)on top and be in the $54 K/yr.tax free bracket. Conspiracy? Who knows? Call it the Bracket Racket. I used the MOPH chuckleheads my last time out and they said I’d never get Hepatitis and especially not my PCT- ever. Of course , they also said if I had any tattoos I was sunk and we know that advice is bogus. I finally gave THEM the Bum’s Rush and won without all their valuable help. This advice is not for everyone- mind you. There are some very sharp VSOs out there who are invaluable to your legal strategy. I just haven’t been lucky enough to meet one yet in my 20 year quest for Justice. This is also another one of those “be careful what you ask for” claims. The Vet/VSO specifically asked for a “non-service connected” pension instead of a Total Disability for Individual Unemployability(TDIU). There is a big difference here- about $18,000.00 a year difference and the totally tax free nature of a compensation rating with SSD. I personally think he could have made his case for TDIU. That is not chump change. Be careful Veterans!

http://www.va.gov/vetapp08/Files5/0837526.txt

This was handed to me by our Fearless Leader Harry. Ask Nod is a group enterprise and everyone is encouraged to submit helpful info. Harry is perennially up to the task in that regard. He pointed out that those helpful young men down at the VARO in Denver tried unsuccessfully to imply that this Veteran was an intravenous drug abuser with a long history of such. Unfortunately, the RO didn’t have any supporting evidence for this shocking accusation and the ploy failed. How many attacks on Vets’ morals succeed? Who knows. The good news is the Vet won this one. Nothing makes us happier than to publish these stories. Herewith, for the Veteran reader’s edification, another success story involving jetguns:

http://www.va.gov/vetapp05/Files3/0518599.txt

Sometimes, after shooting themselves repeatedly in the foot, they manage to get it right. Having not one, but 3 doctors testify on his behalf, VLJ James L. March ruled in favor of the Vet. He probably didn’t get a Christmas bonus that year (2005) and was warned to “knock it off” by his co-judges around the water cooler in the hallway because he was giving them all a bad name. I apologize. That is just conjecture on my part, not fact. I guess what I find amazing is that Government employees lied and twisted the facts to impugn the Veteran’s credibility and medical history and were not arrested and imprisoned. Since I don’t have a subscription to VA CONSPIRACY magazine, I always find it amazing when I discover things like this. Am I naive? Naw.

Read them and weep. Decision is brand new. Its dated 2008 but that is a typo. Just posted to the BVA site this month. It’s in with the 2008 decisions as they haven’t started a 2009 search category.

http://www.va.gov/vetapp08/Files5/0841645.txt

You will notice that they did not specifically state ” more likely than not via jet gun”. So it is still not a true “win” for jetguns, but more a he-said, she said and the Vet just happened to bring his own nexus to the party. VA didn’t. More proof that if you arrive with a nexus that is plausible and not “in your face” incredible, have your medical stuff to back you up, then you win. VA is lazy. If you have the nexus, they usually agree with it.

This is another “You win because nobody really remembered to get a good anti-nexus together to rebut you”. The Vet didn’t have any Bozo no-no stuff to point at, so they gave him a pass. Is this the BVA decision making process we hope to see again and again in the future? Who knows. It was late in the year (November 08) so its hard to say if this is some kind of “precedent” of sorts or if the Vet was just a Senator’s Son. It was filed under a hardship clause,too, which indicates the Vet was broke or very ill. Perhaps it was an early Christmas present:

http://www.va.gov/vetapp08/Files5/0837526.txt

This Vet is getting screwed out of his SSD because he should be getting TDIU or 100% P&T for Compensation purposes, not Pension purposes. Trust VA to screw it up. Anybody in Pittsburgh recognize this guy? Call him and tell him to convert to Comp. and call SSA for a Disability rating.

Yep. Here’s another one of those “Well, it probably was jetguns, but we can’t say that so we’ll call it tattoos”. One thing they didn’t blame it on (but tried) was a DUI. Yes, gentle reader, you read that right. Driving under the Influence is now a risk factor, apparently. Prior to today I was unaware of this. Just exactly how this applies to Hepatitis C (or any other flavor) was not clearly explained. Actually I’m being a little oblique here. There is an apparent correlation to alcoholism, but that too, is rather ambiguous. Get drunk. Wake up with Hep. Simple. God. I hate that when that happens. Its like when you reach into the garbage disposal to get that spoon and your wife leans over and cuts on the switch and…

http://www.va.gov/vetapp08/Files2/0813838.txt

I’m not sure if Veterans are aware of this but this is not the first time VLJ Jordan has come down on the side of a Vet regarding a HCV ruling. Too bad we can’t chose our Judge for our Docket. This guy is Hot.