Oh So Many Questions!

[Bigred122]

I swear I would go crazy without this site. I can never seem to get answers from the VA any more. Is anyone else having problems getting files from Our Government lately? NPRC does nothing but give me the run around. I have tried getting just regular records thru Ebenefits site( DPRIS) and get the run around.I have requested my C File 3 times now in the last 2 1/2 months and no response. I can not get the RO to acknowledge my NOD, DRO Hearing or anything relating to my claim. The site shows receipt of my letters, but no one has responded to any of my request. Is this common practice from them. I just received my nexus letter today for my 1151 claim. Everyone says it should be short and sweet and that is what is was.The Dr is a specialist in his field and has been writing these for years for Hep C Veterans. I just expected more I guess. Maybe that was part of my problem was over killing my claims. Anyway my question on this is, Should I save my nexus letter and info and give it to the DRO at the hearing or should I send it early so that they can dispute it prior to the hearing. My RO is in Portland, Or but I'm thinking that my DRO hearing will be at Boise Id since they are only 60 miles vs 500 miles.They are the offending hospital on the 1151, but I think they will send someone from Portland since the originated my claim. Or at least do a teleconference with them in Portland and me in Boise. I don't know how you DIYers do it without any guidance instructions. I can't believe how little of info there is out there on how to do it yourself. I couldn't tell you how many times I've gone thru the Warms Library to find the info on DROs I was looking for. Has anyone found out if there is a site where one can find stats on claim approvals per disability. The BVA and CAVC sites are good on claims that have gone that far. What I'm looking for are the stats of claims like Hep C or other disabilities that were approved without going to the courts. The generalize data doesn't help me with what I'm looking for. Data I'm looking for is like how many claims for Hep C from transfusions or surgeries each year were filed,granted or denied without going to court. The government is Data freaks, so it is somewhere. I'm afraid it falls under we don't want you to know category. They act like parents when they say you are denied because we say so. I say show me the proof or prove to me how I got(whatever) don't just use the old because you say so. Well I better finish this before my computer dies again.The next time it might be fatal for it. Mike

[carlie]

This is what I think VBA will take issue on with this letter in regards to an 1151 claim.

** "Mr. Johnson does not have any history of high-risk behavior. He is not an injection drug user and has not snorted cocaine. His wife did not have HCV."

Did this doc have the review all of your medical records ?

How did the doc come to the opinion of no history of high risk behavior -

Is this opinion only based on the history that you have reported to this doctor ?

** "Colonoscopy has been proven to transmit HCV (exhibit 3.).

This has been documented to occur at VA hospitals (exhibit 4.).

Mr. Johnson certainly could have been infected during his colonoscopy."

Has having YOUR colonoscopy been proven to result in HCV ?

Has transmission of HCV by way of Colonoscopy been documented st YOUR VA hospital

and if yes - was it during the timeframe you had YOUR colonoscopy ?

The wording "certainly could have" is unsupported and speculative.

** "The blood given to him after he bled from his polypectomy could have infected Mr. Johnson."

The wording "could have" is unsupported and speculative.

** "Since it is more likely than not that the HCV infection occurred with the colonoscopy or the transfusion

Mr. Johnson should receive compensation for his hepatitis C. There is no likely alternative explanation."

The above is the best statement I see in this.

[john999]

I agree with what Carlie has said about this claim. I know the doctor means well, but I have a feeling the VA will fight this and it won't be a slam/dunk. That does not mean you won't win. Filing claims with the VA is a learning process. When you make one of these claims you are saying the VA was negligent. They don't like this even if it is true. Do you have any tattoos? Do you get benefit of doubt with this type of claim?

[Bigred122]

I agree with what Carlie has said about this claim. I know the doctor means well, but I have a feeling the VA will fight this and it won't be a slam/dunk. That does not mean you won't win. Filing claims with the VA is a learning process. When you make one of these claims you are saying the VA was negligent. They don't like this even if it is true. Do you have any tattoos? Do you get benefit of doubt with this type of claim?

No tatoos or piercings. Jet guns were used to give us our shots, but no one in my line had any miss fires where gun wasn't flush and tore the skin. I saw it happening to others, just not in my line. I did get shaved on base when I got haircuts, but again I don't recall any bleeding from those. They have fought hard on this claim. Even to the point of changing documents to CYA.

Carrie, Dr did see my medical records where various Drs stated that I didn't have any high risk factors. No IV drug use, no risky sexual behaviors, wives #2 & #3 had no record of HCV before they died.Someone put in my record that I and second wife had tried snorting cocaine one time. This was a half truth, her sister gave her some for her birthday for her to put in a sexual place.She was afraid of drugs. Dr was aware of that and the fact that the Portland VA lied to me about a test they took. They said I was taking a Brain CT when my records later showed that it was a nasal CT to see if I had used any drugs in my nose.I didn't find this out till about 4 yrs after test. So they tried to link it to something else to no success for them.QM records are not available to vets, so I can never find out how many cases they have had. Thru the FOIA I have asked whether or not any of the vets have colonoscopies done the same day before my first and the second one to fix bleeder two days later had Hep C and nothing yet.This happened day before Thanksgiving and fixer surgery was day after T-day so people seem to make mistakes when not focused. Dr wanted to go home early day after T-day instead of fixing my bleeder. He was not focused because he ordered IV for my arm, but forgot to order fluids for IV. Blood dept was not focused they ordered A neg blood for my transfusion, when records show I'm A pos. Minor mistake, but a mistake just the same. People are proven not to be focused around holidays.Remember saying not to buy a car built around a holiday.Makes sense it would apply to all positions. Only GOD knows how I got Hep C. The VA would never admit it. All I know is I didn't have it in 1992 when Health Dept tested me, I didn't have it when VA tested me in 1995, yet first blood test after colonoscopy surgeries and a transfusion I tested positive for Hep C. If you were a judge or a jury how would you vote.Any medical condition we have can be disputed by the VA. Example Veteran has GSW.A thru and thru wound so no bullet. Did Vet get shot by the enemy,did vet get shot by friendly fire or was wound self inflcited.Maybe someday Our whole lives will be recorded, every second of them. That way we can hit replay and no exactly what event caused what event. I know what I didn't do to get it. How about they prove to me like they do in a court beyond a shadow of doubt that I caused it. Unlike a court, I don't have access to the evidence the hospital has.And VA law says that they can not give me any evidence that is detremental to their claim. The dr or hospital could have a 100 writeups and I'm not allowed to have that information. I have no doubt in my mind if I were to go before my peers in a trial I would prevail. But that is why the VA does not want those.No matter what the deck is stacked against me. All I can do is what I have done.When dealing with the VA, I can be 100% right and still lose if they say so.Justice is suppose to be blind, the VA chooses not to use the blindfold!! This Dr is a specialist in his field and has written many of these and all I can do is have faith in him knowing what works or not. And what best about it is I didn't have to pay $5000 for it. He does these because he wants to help veterans and not for personal gain. The next Dr or lawyer I see that professes that they help veterans because our veterans protect our country and wants to charge you or lawyer wants to see your case is in for an ear full. If you want to help vets, it shouldn't matter what your claims are. Take the case because their vets and not because their case is easy or hard. This Dr has earned my respect because he wanted to help me and hasn't asked for a penny. This is a person whos HEART IS TRUE!! He asked me if I wanted to go in another direction because of what I was trying to prove and I said no. The fact that no incident report was ever written per SOP and that I was not made aware of the fact that I could file a tort claim and was lied to about it. Tells me they knew they were at fault.If I believed in Karma and the fact that the Dr who lied to me died of throat cancer last month.(he was a non smoker) Does say something to me.I couldn't defend myself against lies 40yrs ago in the Army. Why would I expect to win against their lies in 2011. Because I have being Right on my side!! Thank you for your input, both positive and negative.Mike

[Bigred122]

FYI!!! Found a good reference site if you are looking for defective medical equipment or FDA medical violations. It is FDA Warning Letters. I was only looking at blood banks and 3endo or colon scope equipment during a 2 year period and found more info than I'd like to know. Idaho is considered small potatoes with a population of around 1 million in the 1990's. I found a few violation just the same. What was scarey was the top violators were Baltimore, Buffalo, NY, and Florida and good ole boy Texas on blood handling violations. The good reads were the ones in Cali that half the info was blackened out. They must have been too scarey for public reading.lol Anyway it's a good site if your looking for defective equipment or health or medical violations.I didn't notice any VA hospitals. Most were civilian businesses. I'm sure the VA has a similiar dept, it is just finding what it is called and since they change names every 5 years that will be not so easy to do. Found this site by accident and thought I would share. Well worth wasting an hour just to see what type of info is there for future references.Mike

[scscrewed]

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.

Edited December 30, 2011 by scscrewed

[carlie]

Bigred,

Many doctors and medical centers can be checked out a bit thru -

http://www.healthgrades.com/