scscrewed

I am up here with T-bird on this. I hate the man. I hate the VA. I hate doctors. But, I have tried the stopping medications only to end up in the ER with very severe problems. But, I ain't nobody do what you feel is right.

I've heard of mental health P and T still getting exams. Odd, I know, but it happens. You could call the VARO and see if you can get it straightened out, or your VSO could, but I think they do this often.

i agree with Carlie, winning anything especially tort --and I've been involved in similar litigation from US Section 1981 standpoint-- is difficult. To even get the case heard after the hoops are jumped through is difficult, but to win is even more difficult and dealing with the government things get even worse. I know where I was and the tactics employed against those who litigated were much more pernicious than the tactics the VA will ever employ against the veteran. However, it will still be hard. But... if you believe you are right --and that's what matters-- then fight. Put together your claim, do the research on the doctor and hospital. Drag in the reality HCV and the the 1990's being the dark ages. Find an attorney... That's all I have some words of encouragement. And, you've been writing about Themis or Justice being blind, but ask the over 900 exonerated after death by dna evidence executed convicted felons how they like her, and I am sure they would answer you the same as you've found she doesn't exist.

The VA will certainly fight this. They fight everything. But, there is no way that a conclusive determination of the origination of the HCV can be determined. And since the doctor is an expert speculative statements are taken with substantially more credibility than those made by lay persons or family members. The only thing you have to go on is the veterans word and sworn testimony that he doesn't engage in high risk behavior, and a doctor saying as saying as much certainly lends weight to the veteran. The benefit of the doubt is supposed to be given to the veteran so without contrary evidence to contradict what the veteran has said a person of sound and excellent judgement (and give that the BVA must, by law, given the veteran the benefit of the doubt) then eventually an award in favor of the veteran should be reached. The speculative statements are by a physician that can only make speculative statements in regards to the areas that he made the statements. He made a strong statement at the end; which, may be strong enough to win the claim. And, lay evidence regarding the veteran's behavior could be critical regarding supporting the doctors statement. Unless, there exists records which contradict these --jail, numerous tattoos, drug rehab, etc. the doctor's statement is still fairly strong given the reality of the timing of the claim and everything else. Now, I have done the no no of writing this post in response solely to anothers without reading what has been posted since. Please forgive me for this. I am trying to make the argument that while "unsupported and speculative" certain professions are given leeway in this, and also, because of the nature of HCV in the difficulty of proving to an entity the exact moment of transmission even when the individual who's contracted knows when he contracted it. Getting a doctor to say this is the exact moment of transmission is impossible. Getting a doctor to say this is possible and this is highly likely has occurred.

If they're CUEing their decision, then they're going off the c and p and medical evidence already existence. As such, the rater is interpreting something that isn't supposed to be interpreted as he is interpreted. Frankly, the carpal tunnel syndrome is caused by compression on the median nerve, and Cervical Radiculopathy --no matter if it is of the nerve roots where median nerve originates-- is distinctly different. I don't think that the Rater is arguing this. I think the Rater is arguing that this pyramids which means the veteran needs to argue why it doesn't, as such an IMO wouldn't be necessarily beneficial, but swaying the VARO to the interpretation that the veteran deems accurate is. This is about rating law not medical opinion. My two cents, may be countered by others, but I am adding it to spark the intellectuals and add to the discussion, perhaps something can come from it.

Moody, take a moment to take a deep breath. Things move very slow in the VA system, and that's the way it is. Unfortunately, unless you are coming out of military from a hospital then you may have to bit for a rating. I am not an expert in anything, but I know the VA moves pretty snail's pace everyday of the year, except during Christmas time and then they move at a sloth's. The key is not to be discouraged due to their slowness.

It's kinda of difficult to keep a bed at the VA mental ward. The doctors try to convince you you're not suicidal. The problem with this method, of course, is you have a lot of veterans who see mental health and then commit suicide only a few hours or days later. Your friend shouldn't worry about being locked up. He should be only concerned with getting the treatment needed to get better. I am a black pot calling out the black kettle, but hey that's all we got some days.

96 bucks or there abouts. It's a SMC K. I get it and didn't even know I get it.

Themis is a liar so don't wait on her scales, but I think you're fine. The nexus is good. You may need another IMO later on, IF the VA has someone has more expertise weigh in on your case. I don't think they will, because they are cheap. This will still probably go before the BVA where it will go for you., Hang in there. I hope your family starts kicking it with you and things, and I know the pain of isolation from disabilities.

I wouldn't delete the last sentence, because you cannot control the doctor. The doctor wrote the letter. The doctor is outraged they are not compensating you for this debilitating disease. Also I read the famous verbiage in there. it is more likely than not that the HCV infection occurred with the colonoscopy That is where I got the words from and that's from the pdf.

I am not an Elder, but the words "more likely than not" are in there regarding the colonscopy and blood transfusion. If these are in service or VA, then the nexus is a THUMBS UP. I might be countered, but it reads well and to the point. The VA may try to fight, but with the law being towards the benefit of the veteran and this you should be okay.

Yes, what Phillip says. I am saying too.

I am not P and T. I know I am not P and T. There are long threads on this board about it. I have dental care. I had a cleaning the other day. I have surgery later this month. Temporary does not mean 100 percent scheduled with an exam in 5 years.

Just find a doctor who makes their bread writing IMO's for veterans. They're out there... --and yes that's Kesey speaking.

Yes, you can call and make your own Vision and Dental appointments. You do NOT have to have a consult put in for them. Same for Audiology if it is for a hearing aid you already have. If you don't have one then you need a consult --at least at my VA that's what the audiology dept. requires.