This Years Xmas Dinner Will Be Turcrowen!

[Bigred122]

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 December 17, 2011 by Bigred122

[deanbrt]

I agree with these comments. A VSO or attorney will help you with the documentation and make sure the wording meets the required criteria. After that, if you expect someone to check and actively advocate for you, go into the bathroom and look in the mirror. Just remember what has been written here before. These delays are intentional and designed to frustrate many into quitting.

The people you see having success here frequently are those who did not give up.

The VA could run like the Social Security Administration where these delays are unheard of......

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.

[Berta]

GREAT! fight them until you prevail!

20 NY lawyers turned me down for my FTCA case years ago -

so I did it myself and won it. Evidence is EVERYTHING.

"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."

I thought something like that was already on 21-526s and 534 applications.

I often added and signed an oath on my claims.

AT least 2 wannabees were indicted by the feds this past year and are in prison for making false statements in VA claims.

That bad part is that they actually were awarded SC and collected comp before they got caught.

[deanbrt]

"But if it gets to the CAVC stage she will represent me"

When mine showed up there (CAVC) I bet I got letters and Fedex's from 40 different law firms in the space of two weeks...

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