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

[john999]

Bigred

Good luck on this and keep us up to date. I,too, stood in line and got the shots from the gun. I saw guys with blood just soaking their tee shirts. If you had a transfusion while in service I think that is pretty good evidence. My question is do vets filing this type of claim get benefit of doubt? You deserve benefit of doubt.

[Bigred122]

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.

I spoke several times to the Dr who wrote my nexus and I was completely honest with him. I told him about the things they put in my record that were false, the documents that were altered to CYA the hospital.That way when he said certain things like about #2 wife, they knew I had showed him all the records good or bad , true or false. Since I am the veteran, I know what I have or haven't done thru out my life. I'm no angel, but being an ex jock, I took care of my body and didn't do things to harm it besides smoking.And I even quit that after 35 years. Never been arrested.Anytime one goes to a medical office,hospital, you are at risk and we have to trust the medical community to do there part.Look at what they found at Walter Reed a couple of years ago.Our Countries most known hospital.It luckily brought the VA health care system back to the front pages. I'm possitive the hospital checked out the blood bank and everything else in order to be able to say "Not Us".No one has ever said that they checked with Blood bank and person who donated was clean. Each unit has a serial number that can be traced.I believe if they were clean, I would have heard about it. The most current case I found were the BVA court gave benefits on a 1151 for transfusion was in 2007.Today at the FDA warning letter site I found lots of info on defective scopes, improper trainning manual, inferior materials and lots of warning letters to blood banks in my area where the inspectors found too many violations to not do writeups.I was amazed at the volume in that two year time period. Found a site earlier in the week that showed that the average tort claim before litigation was in the low $100,000 paid out. Once in litigation it jumped to around $400,000 and if it went all the way thru the court system the average award was $ 1,400,000. The winning % was low for the Vets. But that is because they have 100's of paid lawyers and specialist to fight us.If we are lucky we get a lawyer who might know what their doing.I'm sure if they gave me the data I wanted I could probably figureout where or how I got it.

[Bigred122]

Bigred

Good luck on this and keep us up to date. I,too, stood in line and got the shots from the gun. I saw guys with blood just soaking their tee shirts. If you had a transfusion while in service I think that is pretty good evidence. My question is do vets filing this type of claim get benefit of doubt? You deserve benefit of doubt.

John999, from what I have gathered from Vet sites that specialize in Hep C like HCVETS, very few win these type of claims. Your odds get better once you reach the BVA level. But most die before they reach that level or give up the fight. If you have just one risk factor, they will blow it up to be a major thing and the reason you got Hep C.Most Vets go the Jet gun route to try and get benefits. The most successful would be the ones in the medical fields. You could be a life long junkie homosexual with tatoos covering your whole body, but they will over look that if you were a medic. One never knows how they will go on a claim. Like the claim I mentioned in the other post, once the vet got to the BVA level the atmosphere changed and they supported the Vet 100%. The best I can do is shoot down their reasons and hope the Drs letter tips the scale. Mike

[Bigred122]

Bigred,

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

http://www.healthgrades.com/

Carlie, Thank you for the link. Check out some of the most current GAO reports and it will scare the Cajebbers out of you. Their most current problem is finding qualified Drs. They are not doing any background checks on them. They state they are lucky to get fingerprints checked.They have had problems for years on getting C&P drs certified and qualified. My hospital only had 36% that passed last January. But this is much more serious. These Drs are doing surgeries and procedures. These are not isolated hospital, this is country wide.Medical staff at the Las vegas VAMC were goiung to walk out/strike or even quit if the problem wasn't going to be addressed by higher ups.The GAOs report makes me even more hesitate to have any medical procedures done.Like I said in a previous post the only way it will slowly change is to have the medical staff use the same thing we have to. If you want instant change, make Congress/senators and their families have to use VA hospitals. They would be able to turn away from the problem if they are subjected to it. Look how much money would be saved in the process. Mike

[carlie]

Carlie, Thank you for the link. Check out some of the most current GAO reports and it will scare the Cajebbers out of you. Their most current problem is finding qualified Drs. They are not doing any background checks on them. They state they are lucky to get fingerprints checked.They have had problems for years on getting C&P drs certified and qualified. My hospital only had 36% that passed last January. But this is much more serious. These Drs are doing surgeries and procedures. These are not isolated hospital, this is country wide.Medical staff at the Las vegas VAMC were goiung to walk out/strike or even quit if the problem wasn't going to be addressed by higher ups.The GAOs report makes me even more hesitate to have any medical procedures done.Like I said in a previous post the only way it will slowly change is to have the medical staff use the same thing we have to. If you want instant change, make Congress/senators and their families have to use VA hospitals. They would be able to turn away from the problem if they are subjected to it. Look how much money would be saved in the process. Mike

Mike,

I already study the GAO reports AND the civilian medical side also.

The civilian side - doc's and hospitals aren't doing that great themselves - JMO.

I've already started and completed both a Federal Tort Claim and an VBA-1151 claim.

The Tort Claim won - the 1151 was denied due to a prior OPGCPREC decision.

You already know the long and bumpy road ahead of you.

All of the individual issues that you post where something wasn't entered exactly right

or something was written down that was mis-understood, might present some difficulties.

Some of those things will be latched onto and possibly used against the claim - JMO

They are not going to listen to many things that we tell them - well, mistakes were made.

They need it short and sweet, connecting the dots.

I hope it goes well.

[scscrewed]

i agree with Carlie,

winning anything especially tort --and I've been involved in similar litigation from US Section 1981 standpoint-- is difficult. To even get the case heard after the hoops are jumped through is difficult, but to win is even more difficult and dealing with the government things get even worse. I know where I was and the tactics employed against those who litigated were much more pernicious than the tactics the VA will ever employ against the veteran. However, it will still be hard.

But... if you believe you are right --and that's what matters-- then fight. Put together your claim, do the research on the doctor and hospital. Drag in the reality HCV and the the 1990's being the dark ages. Find an attorney...

That's all I have some words of encouragement. And, you've been writing about Themis or Justice being blind, but ask the over 900 exonerated after death by dna evidence executed convicted felons how they like her, and I am sure they would answer you the same as you've found she doesn't exist.