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This Years Xmas Dinner Will Be Turcrowen!


Bigred122

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Last spring when I found Hadit I was abit cocky about my claim. I felt it was a No Brainer on the conclusion. Some of the folks here tried to shake me to wake up, but I stuck to my guns. I mean, I had no Hepatitis C before my colonoscopy which required a transfusion and the very next time they took blood out of me(about 6 months later) I had Hep C. Looked like a open and closed case of a claim. Unfortunately my Dr lied to me and told me I had no recourse against the VA or the surgeon. This was 1997. Last year, I read an article about the Miami vets and decided I deserved something for their screwup. Too much time had passed for the tort claim I got screwed out of, so all I could do was a 1151 claim. The folks here tried to warn me that the VA system wasn't a right or wrong system, but a right way ,wrong way and the VAs way. Being an old Vet, I should have remembered that from my military days, but that was 40 years ago. Well I tried to get a nexus letter from those VA drs in the past who unofficially agreed with me, but they now have turned their backs on me. I live paycheck to paycheck on SSD so no money for the hired Drs to write a nexus letter. So I did the best I could. The VA never asked for anything on that part of my claim so I thought I was ok. Well in Oct of this year I was completely denied. Even tho blood supply even today is not 100% safe, they played that since 1992 our blood supplies were the safest they had been. I even showed them evidence that the GAO was concerned that in 1999 blood supplies were still too contaminated.(Roughly 262 units out of 100,000 had HCV.At that time period Idaho was still getting blood from the prison system , but had just stopped because of the Arkansas scandal where govenor Clinton was getting alot of bad blood from their prison inmates. Well, I have since found a reknown Dr who will write me a nexus for my Hep C, but he confirmed to me that the VA probably won't except it. That was my last bubble that got burst this week. So I am now here to Eat my Crow like a good little boy. All I can do now is hope that the DRO person has a heart and sees my pleas.I have no other risk factors that the VA can use against me and they have tried to find them. I hate needles,so no drug user, yes I've been married 3 times, but I won't consider that risky sex with multiple partners,no tatoos or body piercings. They even did a CT on me that they said was a brain CT , yet records show it was to see if I had any nasal scarring from intranasal drug use. Sorry VA, you lose. I've tried to get records to see if the Vets before my colonoscopy and in between my first and second colonoscopy to fix a bleeder had any Hep C and they won't tell me. The night before my second surgery I was sharing a room with a Vet who had a oozing infected wound from a surgery and we both had to share the same bathroom. A big no no. They won't tell me. I swear if they had a pic of the surgeon holding a syringe with the letters HCV on the side of it and the needle stuck in my azz they wouldn't give it to me and would deny it. The only justice I have received was KARMA against the DR who lied to me. Once I had found out I was lied to, I hoped both Drs would experience a painful death sentence like the one they gave me. Last month my primary who lied to me died of a very painful throat cancer.Part of me felt sorry for his family,because at one time I thought he was my friend. Anyway, I am here to take my I told you SO's and promise to never use the terminology "No Brainer" when it comes to anything VA. I considered my 1151 my meat and Taters part of my claim and the AO stuff was the gravy.But being I was in Korea, I was already denied on it, so I will redo it for the DRO and pray. (Thinking of using Bikini clad models to display my evidence in hopes they will hopefully at least look at it this time.) Like everyone else they would ask for the same thing I had just sent them twice before.Thinking about translating evidence into brail for them. Anyway now your up to date on my claim. So far on this journey is that Phase 2 is even more vague on what to do than phase 1 was. I see on ebenefits they acknowledge my NOD even tho I have yet to receive any correspondonce since my decision.Since decision I have sent NOD, asked for C File, FOIA request on info asked for months ago that I never received and just recently sent my DRO request. They tried to get me to get in the reconsider line because other lines are back logged, but once I saw that all my old evidence would go bye-bye I said no way. It was too hard getting what I have , to try and find new evidence would be twice as hard to find and still no money for any IMOs.So until I get a letter stating that there is no more DRO process,This ole Bull is not going to be chuted down into another new line no matter how backed up they are.( that is why they are trying to push people into reconsideration process is to balance out the lines.) But I love their terminologys in describing the reconsideration process, too many use of maybe this or maybe that.When they know exactly what they are going to do to you without actually asking you to bend over!! Ok, last rant for 2011!! Hopefully all of all will get what is owed us in 2012. But I think we will need a whole new government from top to bottom and east to west. JMO Merry Xmas to all my Brothers and Sister Veterans and those who stand by Our sides!! Mike

Edited by Bigred122
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"Thinking of using Bikini clad models to display my evidence" That was good!

I once considered sending the VARO a bunch of pizzas with my evidence printed inside the pizza box.

And then when they ignored my 3 IMOs (for many years) I wondered if I could have gotten the IM0s printed on toilet paper rolls,,and installed in the VARO bathrooms ,since they probably would like some reading matter anyhow while they used the head.

Seriously, if you can somehow get a strong IMO that follows the IMO criteria here, it might turn things around for you.

1151s are not easy to succeed in.The VA will even seriously manipulate the medical facts.They tried to do that to me.They stooped pretty low at one point,too, with a medical statement that held no basis in fact, to deny.

But Strong medical evidence and fulfilling the 2 part 1151 criteria outweighs anything they try to do.

Earlier this year the AO Korea regs were changed and I hope VA considers these newer regs for your AO claim and that you can fit yourself into them:

Edited by Berta
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"Thinking of using Bikini clad models to display my evidence" That was good!

I once considered sending the VARO a bunch of pizzas with my evidence printed inside the pizza box.

And then when they ignored my 3 IMOs (for many years) I wondered if I could have gotten the IM0s printed on toilet paper rolls,,and installed in the VARO bathrooms ,since they probably would like some reading matter anyhow while they used the head.

Seriously, if you can somehow get a strong IMO that follows the IMO criteria here, it might turn things around for you.

1151s are not easy to succeed in.The VA will even seriously manipulate the medical facts.They tried to do that to me.They stooped pretty low at one point,too, with a medical statement that held no basis in fact, to deny.

But Strong medical evidence and fulfilling the 2 part 1151 criteria outweighs anything they try to do.

Earlier this year the AO Korea regs were changed and I hope VA considers these newer regs for your AO claim and that you can fit yourself into them:

Yeah, they have already changed reports to lean toward their favor. It was so obvious on on of them, Most of authorization form was hand written yet added part was typed in. Poorly done because they spoke in first person as if I was dictating the information. I reported it to OIG and got chastized for it. The expert who has offered to write me a nexus is highly respected in his field and will focus on my opinion on how a got it, but says it would have been easier to prove jet gun or shaving with a straight razor as method of getting the Hep C. But I won't lie to get it. No one in my line got torn from the jet gun, even tho I saw a few in other lines get ripped open from the gun not being flush on the arm. Now I did get haircuts on base and they did use razors to trim around the neck or ears but I never remember there ever being any blood from it. My AO stuff has DD214 proof, pics of myself with 72 Armor, Calvary APC and my Radio Equipment in the field as well as pics of me and other platoon members hiking along DMZ mountains. I have pointed out the Service managers memorandum dated March 2003 where the raters are to treat support units as the signal unit I was in as tho we were on the same list as the approved units. It's not up to me to prove I was there, but up to them to prove that I wasn't there. I even gave them a date and reason where I personally sprayed some kind of weed killer along the main road and fence line for area beautification for the changing of generals. They should have easy found when the generals changed command. The whole thing was a farce. Anyone who has used weed killers know that ground is sterile for about 2 years with mild stuff. We planted trees and flowers right after spraying the weeds. And about a week after the change of command all the trees and flowers planted all died to be expected.lol Duty roster would show I spent the first 5 months in country out in the field supplying communications to all armor, cav and infantry units. On average it took 3 platoons to provide communications for each unit. One with unit, one usually to relay from unit to command and third at command. Satelitte comms were still in it's baby stage. Communications were line of site at that time. So if there was a mountain between unit and command, someone had to be on the mountain to relay all communications back and forth. This evidence was the ones they often requested 3 times and even at the end they never acknowledged it. So hopefully the DRO will look at what I just mentioned as well as the court cases I included that were almost exactly the same situations as I was in. It was there if they looked. I mean it was even in book form on each as is recommended by Fanaticbook.One book for 1151, one book for AO related disabilities and another folder/book for prostrate related items. Ohhh sooo simple I made it for them.lol Curious to see what the C file has in it. The Veteran Crosby thing as me so interested. That might be why I had a Walla Walla file that they had on Ebenefits I complained about. My claim number would have been perfect for a ghost account. Openned 40+ yrs ago, never followed up on again till last year and if they approved any of these claims it would open alot of can of worms if someone was already using it. Hopefully they will reissue new numbers and we will all find out whats up.Makes sense to me. Berta, I don't remember you ever throwing any salt on my wounds. I remember you warning me and I Thank you for that. And wish you well on your renewed adventure in 2012. It is time for you to devote your attention to your claims and not get distracted with what goes on here. Keep us updated and remember even tho you weren't always thanked publicly, you were always appreciated by those watching for your advice and loyality! Good Luck!! Mike

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So I am now here to Eat my Crow like a good little boy.

Mike

Mike,

There's no crow to be eaten here for you - you'r eyes just open to see the process for what it truly is.

The crow is only eaten -

when the VBA finally has to compensate a claimant.

I hope they eat lots of crow now and in the years to come.

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  • HadIt.com Elder

The VARO basically allows no contact and than does not even read the evidence. It can be very frustrating.

That is why I tell Members that a face to face Hearing can often times be your best chance.

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Thank you Big Red.

My focus for 2012 has definitely changed.Still advocacy for vets, but very limited claims stuff.

I sure don't want you to give up with your issues.I had absolutely no support at all for my 1151 and FTCA issues.

not from reps, and not from lawyers.

Sameo with my 2003 claim.My former rep said it would Never succeed.I think that is why my POA,to include other reps, worked against me. It was great to email their lawyer last year -to tell him the monetary value that my claim garnered (which they didn't get credit for) as, in spite of their incompetent POA help,until they dumped me, it had succeeded.

I think I am the sole VA claimant this POA ever revoked a POA on.

But negativity from VA or anyone else, for me, has become a great motivator and negativity makes me look at things differently.

So I don't want to discourage you at all on your claims !and I hope you will do all you can to continue to keep them on appeal.

I just wanted you to know VA's MOS for 1151s is to frustrate us enough to go away and they will become tangential and try to confuse and confound 1151 medical issues.

Have you asked the expert you mentioned to opine on your 1151 claim?

"The expert who has offered to write me a nexus is highly respected in his field and will focus on my opinion on how a got it, but says it would have been easier to prove jet gun or shaving with a straight razor as method of getting the Hep C."

He has a point there but I commend you for this-

"But I won't lie to get it."

In fairness to the VA, they sure do get some wannabee 1151 claims.I know those claims are very frustrating to them.

Your claim however has potential to succeed.

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Thank you Big Red.

My focus for 2012 has definitely changed.Still advocacy for vets, but very limited claims stuff.

I sure don't want you to give up with your issues.I had absolutely no support at all for my 1151 and FTCA issues.

not from reps, and not from lawyers.

Sameo with my 2003 claim.My former rep said it would Never succeed.I think that is why my POA,to include other reps, worked against me. It was great to email their lawyer last year -to tell him the monetary value that my claim garnered (which they didn't get credit for) as, in spite of their incompetent POA help,until they dumped me, it had succeeded.

I think I am the sole VA claimant this POA ever revoked a POA on.

But negativity from VA or anyone else, for me, has become a great motivator and negativity makes me look at things differently.

So I don't want to discourage you at all on your claims !and I hope you will do all you can to continue to keep them on appeal.

I just wanted you to know VA's MOS for 1151s is to frustrate us enough to go away and they will become tangential and try to confuse and confound 1151 medical issues.

Have you asked the expert you mentioned to opine on your 1151 claim?

"The expert who has offered to write me a nexus is highly respected in his field and will focus on my opinion on how a got it, but says it would have been easier to prove jet gun or shaving with a straight razor as method of getting the Hep C."

He has a point there but I commend you for this-

"But I won't lie to get it."

In fairness to the VA, they sure do get some wannabee 1151 claims.I know those claims are very frustrating to them.

Your claim however has potential to succeed.

First let me Thank You for your words of encouragement.I'm on my own on this claim. I've been turned down by the best lawyers and some that were clueless on VA claims. There is so many easy claims out there for them to pick and choose from. Mary Anne Royle who has a Good record at winning CAVC/BVA cases said my claim was good but she was too busy at this time. But if it gets to the CAVC stage she will represent me. The Orgs have been hammered so much lately for their low success rate they are now pick and choosing or specializing in one type of claim. Like the Paralyzed Veterans are only taking spinal cord injuries. I was hoping for the VLG out of Cali because they will get the DRs nexus letters and you pay them back when you win your claim.I never could get their aide to say yes or no on representation.I've done the leg work/hard part already, I just wanted a quality law firm name attached to my claim to show the VA I was serious.So after the turn down by the ad folks here, I decided it must be fate for me to do this alone.I won my own SSD claim. Like everyone else I had to get a lawyer, but at the hearing all he did was say his name and address. I debated the State Job person and the Neurosurgeon the state got. The judge just smiled as I shot down all their opinions.I figure when it gets to a real person, I'll be able to debate them also. We shouldn't have to go thru this BS, but thats how they weed out the bad claims I guess. All I would do if I was them would be to have every vet fill out a form that says if I lie to or file a false claim I will be prosecuted by federal law for five years in prison. And once a year publish the cases that were prosecuted.I read all the time in the BVA/CAVC cases were people got nervous about parts of their claims and have dropped them.

I am Blessed that this Dr who specializes in the Hepatitis field and only writes nexus letters for Veterans who have gotten Hepatitis from military service.If he accepts you, his services are Free of Charge.He told me that he will focus the nexus on the surgery time period( surgeries were right before and after Thanksgiving and people are sometimes careless around holidays),olympus equipment and GAOs own reports during 1997 showed concern on how high infected cases were still. (approx 262.8 per 100,000 for HCV) I have to believe that I got it during this time period or wife number 2 or 3 would have gotten it from me also.Third divorce was 4 years prior to surgery.If they can prove how I got it, I would drop that part of my claim.Their obvious attempt to manufacture falsehoods only proves my case more in my mind. If they did nothing, they have nothing to hide is what I've always been told.So as long as I can take a breathe, I will fight them till the end. Mike

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