Seeing Is Believing!

[Bigred122]

Why does the VA even have a disability program if they aren't going to play fair? I learned early that the VA played the game of LIFE by their own rules.And if they didn't have a rule for it, they made one up just for us and it would only be used once so that it wouldn't be considered the rule of Law.Last weekend, I received my medical records for my first 2 years in the sevice from the NPRC. Being in sports all my life, I was a suck up the pain kinda guy, so I didn't go a medical facility unless it was emergency in nature. So my records were a whole 12 pages long.(I create more nowadays in just one day) And to make me feel like one of the gang, two pages were missing.Would you believe those two pages just happen to be very important to my claim?(Silly me, you all have been at this for years and have heard this story a thousand times.) I know we have people from the VA who come here. Can someone explain to me why these records disappear. Are they paid to process claims or are they paid to sabotage claims. It happens so regularly, it just can't be fate.It has to be on purpose.The odds at them losing 2 pages out of 14 and those 2 pages being key to me getting disability must be HUGE. They did screwup and leave 1 page that may help me on my AO claim from FT Gordon .I don't remember my visit to the hospital there, but it occurred after 2 weekends of guard duty at one of the AO dump sites.It showed a strange rash, dizzyness, diarreaha, and a strange weakness. It was on a important medical document from Basic trainning.One of the page/pages missing was a 4 day stay at the base clinic/make do hospital for unknown reasons. This was key evidence again to my exposure to AO. The other document was a visit to mental health DR. In the letter they sent with my records, they said to call and give them special permission to send other misc records. Of course when I called them today, they had no clue to what the record clerk was talking about. So I told them what was missing and they said they would check again. (Some things have to be authorized twice by me makes no sense)I told them I was up against a 4/29 deadline, so hopefully they will be found.lol I can't believe that there isn't some hidden rule that says to deny deny deny! Lets keep the playing field fair and just decide things on the evidence. It's too late for me now, but I suggest if your thinking about filing a claim, get ALL your records first. Then file your your claim. By filing first they know what records to make disappear. They are the dealer in this card game and they decide what cards we get or don't get.Thanks for giving me a place to vent.Deadline date is approaching in 2 weeks so the end might be near for dealing with this silly game. Get my approval/denial and then to decide what to do. A hundred trees gave their life, just to save a few more government jobs.Was it worth it? We will see!! Mike

[Bigred122]

"My having Diabetes, ischemtric heart problems hyperthyroidism and removal of a cancerous growth on my thyroid that lead to removal of half of it should be enough to show AO contact. The skin thing was just an early sign that I was playing in the fields that were sprayed. The other stuff is my proof."

By "other stuff" I hope you a referring to evidence that establishes you were in contact with AO rather than the symptoms of diabetes etc.

I hope you are not getting the horse before the cart. Medical authority used statistical linkage to associate diabetes with AO. They studied people known to be exposed to AO and found high incidence of diabetes. They did not study people with diabetes and then assume the individual was exposed to AO. You absolutely need to focus on establishing exposure to AO. Do you read BVA cases? I will start reading BVA cases in the next couple weeks and let you know what I find on cases similar to yours, either awarded or denied.

When they decide to associate a condition to chemical exposure it is not based on a preponderance of evidence. It is based on a high incidence of the disease after the exposure to the chemical. In the case of Gulf Vets and the disease MS, I heard the VA allowed service connection even though the incidence rate in Gulf vets was only two times higher than the general population. However, in these cases the veterans had to establish exposure to the burning hydro-carbons from the oil field fires.

I agree the initial diagnosis of HEP "C" after surgery is a red flag. However, to call it a no-brainer is an exaggeration. You need to start dealing with these issues from the point of view of the people you are trying to blame for spreading the disease. I am not an expert on HEP "C". However, I know people who were diagnosed at the age of 60 who had no surgeries in their entire life. I have also heard that the disease can have sub-symptomatic levels that are not detectable to tests for decades. Have you really looked into the immunization gun studies to see if they linked HEP "C" to these guns? I remember seeing people bleeding as they were walking through the lines getting their shots. However, visible blood would not be a requirement for spreading the disease.

Even though HEP "C" may have had been spread by causes other than the surgery you only need to develop a preponderance of evidence. If it was me I would use statistical linkages to show that it was more likely than not that the HEP "C" was spread by the surgery. It would require doing some research then getting a doctor to sign it off. This is what I have done for other veterans. I actually write the reports and get a doctor to sign them. I took premed classes in college and have established doctors who I have worked with. I will start researching this in the next couple weeks. I do get obsessive. I have read BVA cases involving HEP "C". However, it was a long time ago and I forgot more than I remembered.

I am a researcher and have specific training writing for medical journals. The research would need to identify how other advocates are winning post surgical HEP "C" claims. It would also involve identifying all studies identifying the incidence of HEP "C" post surgical Vs. the possibility that your HEP "C" would have went undiagnosed for decades.

You call it a no brainer. Unfortunately, to win this type of claim someone has to do the homework. Technically the VA is required to blow the whistle on the procedural failures of their own doctors. However, that does not mean they will advance a claim for a veteran. If what you said about the C&P exam was quoted accurately there is no doubt in my mind that the C&P examiner did not understand the legal issues and thus failed to do an adequate job. We are on the same page with the C&P exam. I have read C&P exams that were so bad that the examiner should have been put in jail. There are C&P examiners who feel it is their job to do nothing to help a veteran advance a claim. I have seen cases where they make up false evidence against a claim. The question is how to continue advancing your claim.

It sounds like the claim has not been denied yet. The problem is that the C&P was not favorable and the C&P examiner did not cite any research supporting his opinion. Technically there is no evidence against you claim. All you need to do at this time is develop evidence that favors your claim. This is an individual case with individual merits and needs to be fully understood. The BVA cases I have read treats HEP "C" claims individually.

I just do what I do. You can take it or leave it and it won't cost you a penny. I would tell you that you might get what you pay for. However, I get way to many emails from veterans who I have helped in the past thanking me for developing the evidence that won their claims to put a low value on my efforts..

I also think you should try and find an attorney or advocate who has worked post surgical HEP "C" cases. Hit the VA from every angle. They will hit you from every angle.

Sure glad your not processing my claim for AO.lol I would have to have a picture of me bathing in a 50 gal barrel of AO, With signed avidavits from two Federal Judges that they personally opened the prevuious un openned container of AO. That I have been placed in a sealed building for the past 40 years since bathing in the barrel and have only been exposused to filter air and ate only food that was organically grown in the same sterile conditions.The only people who would qualify would be the sprayers and the handlers.( which is who I thought originally were the only ones who qualified.)I have read alot of the cases at theUSCAVC and many that were granted had far less evidence than me on either of my claims. Why is the word Presumptive being used constantly by the Secretart of the VA. Everywhere one looks it says all you have to do is show a presumption that you MIGHT have been exposed and that is what I gathered for them. Like I've said before my main reason for filing was the Hep C.The claims dept were the ones wanting further evidence of the AO contact from the answers given on the Form 526. Have you looked at that form lately? It might answer more questions than I can on why they believe the way they do.

All the lawyers and information on claims say for me to wait till I get a denial before getting a lawyer or having someone like the DAV help me. I have all of Mike Sheppards contact info for when that time comes. He is the attorney who is handling the Floridas Vets class action against the VA for improper cleaning of endoscope which infected several Vets with Hep C. He was able to get the VA system to offer them 100% disability with free medical for life right up front before having to go to court.They have yet to have gone to court on their Tort claim for damages.

I admit my C&P exam was very strange from my perspective.He not only asked the questions but answered them too when my answers didn't please him. Example: How far can you walk before having to rest.My answer was about 100 yards. Examiners answer: No, you can walk about a 1/2 mile. This is how the whole exam went.When I asked him why no Hep C question and he stated: "it's all in the records." He checked me for things that weren't on the C&P questionaire and asked very few questions associated with questionaire. The only reason I know this is that I requested some files from my VA hospital and this questionaire labeled C&P Exam was in it. I don't think I was suppose to have gotten it. But I have it now and I figure if I need to file a NOD, it would be considered new evidence for me.Well 04/29 is the date they put on everything to be in by, so I guess I should know something shortly after that. I am living ok on my SSD, so whatever the outcome is I'll survive.I have learned much on this adventure and if I pursue this further after any and all denials, I will approach it at a HOBBY perspective instead of running around in a frenzy mode trying to out guess what they want. The one thing I have gotten out of reading all the cases pertaining to subject matter associated with my claims, is that there is NO ABSOLUTES on anything.Still trying to figure out the Blue Water claims. Those folks were 30 miles from land and did not personally touch the stuff. Hoppy, maybe you can explain to me how they are getting their claims approved.And you know there must be a bunch of them to have their own personal category.lol Oh well, I have enough to think about than to add others problems to my own.What ever my outcome is, I'll share my info here. If nothing else I can add PTSD to my file for what one goes thru to get disability from the VA.lol It seems to be the new Buzz word of this generation. Read the other day they are now associating PTSD to kids around the age 9.Our mental health community sure likes to throw titles around so the can prescribe more meds for the pharmacies.Funny PTSD was originally called Battle Fatigue, Shell shock and now it is used as an excuse not to spank a kid on the butt who is acting out.That sure cheapens the disease for many. And the VA wonders why so many Vets are committing suicide. It's an easy question to answer.They just started counting up the bodies. They never counted before. So if you don't count, you don't have a problem do you? Funny how that works. I am glad that Our Ladies and Gentlemen who serve now are beginning to get the help they deserve.Us older Vets are starting to drop like flies. So it won't be long before they will no longer have to deal with us any more.Funny how they are just now accepting the same things they were busy denying for 40 years." Ours is not the reason why,it's to......" Mike

[john999]

Red

Listen to what Hoppy is saying! There are no NO-Brainers in the VA system unless it is presumptive and then there is debate about percentage of disability.

[Bigred122]

Red

Listen to what Hoppy is saying! There are no NO-Brainers in the VA system unless it is presumptive and then there is debate about percentage of disability.

Yeppers, percentage of disability is another thing I can't quite fathom. I have buddies that are all screwed from gunshot wounds and are only getting 50-60% disability. And yet my neighbor is 100% VA and two other 100% disabilities from state and federal agencies. He claims back problems, yet I watched him for a week shoveling gravel everyday to put in a concrete driveway.I've known people with real Bad backs and I assure you they can't shovel syrofoam none the less gravel.lol I've seen alot of so called disabled people who were just fine when no one was watching. But I've heard that is changing Big Time. Alot of re evaluating going on now.

I know my Hep C will come with a low per centage, because I chose to make some drastic life changes to keep my health for as long as I can. But it's been 15 years now, so the long term effects associated with Hep C are taking over my tired body now. I've been going constantly to the VA for my medical needs now for about 20 years and all thru my file it states no evidence of drug abuse,risky sexual behavior or anything else that has negative influence on my Hep C claim.I can't prove anything on the jet gun shots except that they did use them on me. But I can prove that if DR would have stayed at work for another hour and carterized the bleeder, I wouldn't have needed 4 units of whole blood in a transfusion. If Dr would have ordered replacement fluids for my IV, I wouldn't have needed 4 units of whole blood the next day before surgery. Then I would have had to look at possible equipment contamination as a possible cause for my sudden appearance of Hep C. But what I have as evidence is more likely than not the cause of my Hep C as they would word it. I appreciate Hoppy chiming in as I do when almost everyone here chimes in, but on this one we just see things differently. Whats done is done and to change boats now would only slow things down. So I will wait to see what they say and if I'm wrong, well I am still left with some options yet to go after. No offense Hoppy, but you look more like Gabby Hayes than ole Hopalong Cassidy.lol (for you younguns, Gabby Hayes was Hopalongs sidekick in the movies) Mike

[Berta]

Re: the AO part of this-

“but it occurred after 2 weekends of guard duty at one of the AO dump sites “

Did your MOS put you on the perimeter of Fort Gordon?

The first AO CONUS Fort Gordon vet has posted much here and I believe I posted his entire BVA case here-with his permission.

He told me he did leg work on his claim during the entire years it took to award accumulating evidence all that time.

Philip made a good point as to your SMRs

How do you know they're missing/lost??

Do you have your own copy of them?

“A simple Chapter 38 1151 was what I filed for. A simple mal practice suit for them.”

There are not many simple malpractice suits.There are a few us us FTCA/Sec 1151ers here who sure might agree.

There is significant info here on Section 1151,38 USC claims and FTCA claims.under the FTCA forum.

“Since I'm already on SSD “ …. SSD gets ALL available military records and might still have what you need or a copy of your SMRs.

They hold onto some stuff after they make an award but I think they then return it to archives or to the VA if VA has also requested it.How long ago was the SSA award?

My husband had his SRB and a few things from USMC and none of his USN records.We had to go to SSA office a few months after he applied for SSA and his SSA file was primarily all VA records and Mil records and it took up about 3-4 feet or more on a dolly.I asked if I could look through the files briefly and I was shocked at what I saw.

His Newark NJ VAMC records (where his PTSD diagnosis came from) were there but the VA had just sent us letter saying there were no records at all to indicate any treatment at the Newark VAMC.(He had claim pending for higher PTSD rating.Here they were -all at the SSA office.

Your AO claim depends on 2 things- proof of exposure to AO and a current documented presumptive condition. Those SMRs records that seem to be missing-in my opinion- would not help the AO claim at all.

[john999]

Red

What you will need is a medical statement from a MD that states it is at least as likely as not that you got Hep C from the transfusion. You need the negative type evidence that rules out alternative causes of Hep C and you need positive evidence to show how you got the Hep C. You want a medical statement from someone like Dr. Bash that knows exactly what the VA wants in a nexus letter. Unless you fit exactly the requirements for an AO presumptive diagnosis you again must prove it. If it was me I would try and hire a VA lawyer. If they won't take the case then you know you have a ways to go.

[Bigred122]

Re: the AO part of this-

"but it occurred after 2 weekends of guard duty at one of the AO dump sites "

Did your MOS put you on the perimeter of Fort Gordon?

The first AO CONUS Fort Gordon vet has posted much here and I believe I posted his entire BVA case here-with his permission.

He told me he did leg work on his claim during the entire years it took to award accumulating evidence all that time.

Philip made a good point as to your SMRs

How do you know they're missing/lost??

Do you have your own copy of them?

"A simple Chapter 38 1151 was what I filed for. A simple mal practice suit for them."

There are not many simple malpractice suits.There are a few us us FTCA/Sec 1151ers here who sure might agree.

There is significant info here on Section 1151,38 USC claims and FTCA claims.under the FTCA forum.

"Since I'm already on SSD " …. SSD gets ALL available military records and might still have what you need or a copy of your SMRs.

They hold onto some stuff after they make an award but I think they then return it to archives or to the VA if VA has also requested it.How long ago was the SSA award?

My husband had his SRB and a few things from USMC and none of his USN records.We had to go to SSA office a few months after he applied for SSA and his SSA file was primarily all VA records and Mil records and it took up about 3-4 feet or more on a dolly.I asked if I could look through the files briefly and I was shocked at what I saw.

His Newark NJ VAMC records (where his PTSD diagnosis came from) were there but the VA had just sent us letter saying there were no records at all to indicate any treatment at the Newark VAMC.(He had claim pending for higher PTSD rating.Here they were -all at the SSA office.

Your AO claim depends on 2 things- proof of exposure to AO and a current documented presumptive condition. Those SMRs records that seem to be missing-in my opinion- would not help the AO claim at all.

My MOS trained in a area that was called the Snake Pit. It was at one time all vegetation and full of snakes. By the time I got there 5/71 there was nothing growing there.It was right on the edge where the spraying was done. Where I pulled guard duty was a camp like setting where they had a few buildings and a recreational area. They hadn't tore the buildings down yet.I believe all that is left is just slabs of concrete. I had already graduated from AIT and was awaiting my overseas orders. We, the hold overs were used for various misc tasks like guard duty, and playing as VC at a specially designed camp that was used to train officers .We were able to do almost anything to use methods on them that simulated their capture and they would use what they were taught to try and escape. It was after the last time I did guard duty that I became really weak and dizzy and went to the clinic. Until I had seen the medical log entry, I had forgotten about getting sick.The events I remember clearly just not the clinic visit.lol Both the medical events where the paperwork is missing was in Korea. One was an in patient stay at company clinic for 4 days where they had to pour IV fluids in me to keep me stable. At the end of stay I had asked them what did they figure was wrong. They said they never could figure it out.I just came in half out of my mind, dehydrated,running high fever and bad rash/blisters above my boots. Nice thing about the rash/blisters is that hair has never been able to grow on that part of my legs ever since.Starts at top of boot and goes completely around my leg for about 10". I've been told that since it was in patient type of care, that I might have difficulty in getting the paperwork, whether it was considered a hospital or not.This was just another peice of evidence of something happening after I had just returned from being out in the field. The other piece was a visit to a Mental Health Dr in Korea. The people checking on the missing documents think that the clerk who processed my request did not know that the rules had changed concerning mental health paperwork.It used to be handled like inpatient records(special request to get) but they have recently changed the rules and it should now come with your regular records without a special request. They have not gotten back to me on that yet. So I now am giving them the benefit of the doubt and gonna believe what they just told me until they show me otherwise.The documentsare only important as to showing that an event had happened that required some medical at locations where AO was known to have been sprayed. That is what I interepted the claims dept as wanting. I believe inital contact cause minimual damage, where the long term problems like Diabetes,Ischetric heart problems, hyperthyroidism, and the cancerous growth are the main medical problem that take years to develop. So I believed a time line would be beneficial to my claim. 1) Being in location where AO was used 2)symptoms of some contact with something toxic in nature 3) Major health problems that have a known connection to AO exposure. 4) This is just a side fact: NO ONE on both sides of my family has ever had any or anything similiar health type of problems. This doesn't mean much, but it is relevant.The only VA medical records that SSA had in considering my SSD claim was my xray,medications that pertained to pain management. My main records were with a private hospital. From what I saw everything they had is what they got from me. As with this claim, I did my own leg work.I had to get the standard lawyer, but he never did anything but process paperwork.At hearing all he said was his name and address. I did the debateing with Neurosurgeon and the Job specialist.lol I hope that answers most of your questionsBertha.Thank you for chiming in.

John999, I had a Hep C specialist Dr in Portland, Or who while performing a liver biopsy on me, stated that it was quite apparent from my records that the VA hospital and staff were at fault.I contacted her months ago and asked her for a statement. I have heard nothing from her.She had over 40 years of experience in the field. She might have sent something to the RO since it is just down the street, but I figure since I didn't get a copy, she probably didn't write one. I realize it is not easy to rock the boat.My PCP at the local VA hospital was asked to retire early,Funny thing it was only a month after I had filed my claim.) Since he was not happy about the early retirement that maybe he would write up a nexus letter for me. But he has not returned any of my calls. He didn't do the surgery, but he had alot to do with the VA shuffle after the event.Who is this DR Bash that you speak of? The name isn't familiar.I've had a few drs in the past agree with me on bad medical practices, but not to the point where they would write something down. Like the Big Blue Wall, they have their White Wall to cover their butts.I once ask my PCP what about the oath they swear to when they graduate. He says that goes right out the window immediately.Unfortunately I can't afford to go around fishing for a civilian dr. Especially in this small town atmosphere. Ok I think I have answered everyone. Thanks all!! Your opinions good or bad are appreciated.Mike