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CUE

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Guest Pdiddy

Question

I received a determination letter stating that my husband's stomach issues and liver tenderness would not have been a symptom of HCV noting that these started prior to Viet Nam, where he was wounded.  He totally messed up the dates.  Injury occurred 05/70 symptoms started 07/70 - shown in his medical records.

One medical examiner stated that his medical records did not show he received a transfusion.  That's because there are no records from his time in the hospital in Saigon.  Maybe I should restate that-those records were requested beginning 1999, again 2001 by my husband and by me in 2016.  None were ever produced. 

Would either of these qualify for cue?

The VA made their decision, denial of course, after I had requested his c-file and again, the medical records from the dates he was in the hospital.   I requested and extension, 30 days after I receive the info.   Wouldn't they have to honor that request?

Thanks

Pat    

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"The 3 IMOs were for the etiology of the disease proving it was SC."

That's Great! Thanks for clarifying that.

"I am waiting for more medical records before I contact either a Dr or Atty"

I assume the 3 IMO doctors had enough of his medical background to prepare valid IMOs that contain the words " as likely as not", and gave a very full medical rationale.

I dont know if you are still within a SOC response time frame,or when this denial was , so best to send these IMOs in ASAP, with the rebuttal.

"I was curious if any one else saw it like that  also ". I would think the IMO doctors took all of the factors you mentioned into consideration.

"and also stated his wound could be the source of HCV but there are no records of unsanitary conditions."

There probably is no record of any incountry sanitary conditions either. I bet every Vietnam vet was exposed to incountry Very unsanitary conditions.I still think the Vietnamese barber (who they found out was a double agent) at Danang Air Base-early 1960s ,  gave many Marines Hepatitis deliberately ,when he shaved them. 

 

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Guest Pdiddy

Yes, the IMOs had the correct verbiage.  There has been constant back and forth about the claim since August, 2016.  I filed a request for reconsideration on my original claim because they denied it while I was still working on it.  I had asked for another 30 day extension to finish.  The request was faxed, with a confirmation and entered into their system but that is where it stayed.  Never forwarded to the reviewer.  So yes, I am still w/I the time limit.

:angry: OMG, I had no idea that happened!

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I might have asked this before ....sorry if you answered already.

Did he have any tattoos and ,if so, did he possibly have a date or anything to indicate Vietnam put on the tattoo?

I just read a Hep claim awarded at the BVA due to a tattoo the Vietnam veteran had while in service.The tattoo must have had something like 1967 or Chu Lai or something else to indicate when and where he got it.

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From:  The examiner noted the abdominal symptoms were prior to Viet Nam and were unlikely the cause and also stated his wound could be the source of HCV but there are no records of unsanitary conditions.

Am I the only one that sees this? I've been in a few dustups and one involved stuffing the guts back in while we awaited Evac. There was nothing sanitary about being wounded in Vietnam. That's hearsay. Conjecture. Conflicts with well-known battlefield medical conditions. Now, why would there be a nurseynurse standing there with a Patient folder noting unsanitary practices during treatment at 312th Air Evac at Chu Lai? Remember, this was before rubber gloves. They were still using glass syringes and you sharpened a dull needle on the matchpack flint You were going to be there 2 days at most until they found room for you at Da Nang or Cam Ranh. 3 days of triage and off to Zama or the 248th at Tachikawa. If it was a scratch? 3rd Army Hosp. in Saigon for a week. Things didn't begin to approach sanitary until Da Nang or Cam Ranh. Flies. Bugs. Other guy's blood in the dustoff. Any evidence of a wound in combat gets a Purple Heart. The law says you have to believe the Vet's testimony if it involves combat with the wagon burners (38 USC 1154(b). This is more a case of how can you lose? I've seen junkies win.

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Guest Pdiddy

Thank you.  I thought I was the only one that saw it that way.  I figured he/she pretty much boxed themselves in no matter how he/she tries to deny the claim.  I don't see how they can.  It's either the symptoms are similar to those of HCV and occurred within the incubation period, after Nam or, gee there were very unsanitary conditions and they totally disregarded "in a time of war". 

My husband wrote, literally, out his statement, of what he remembered that day, for his claim.  They ignored it then or gave the same bs excuse as above.  They are supposed to take the eye witness testimony/statement, of which he also had as fact.  Am I correct with that?

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