Hepatitis C due to jetguns with no STRs

[FormerMember]

Here’s a nightmare of a claim. The Vet had no STRs in his NPRS file except for his eye records. He admitted snorting the white lady in the late 1980s to a VA nurse in 2015. She immediately wrote down “HCV due to bloody shared dollar bill(s).” That pretty much put a fork in any potential claim.

He approached the VFW about filing his jetgun claim in 2016. They laughed him right out the door. No attorney or agent would even talk to him the moment he mentioned the toot. And then he called me.

Regardless of what you’ve heard about me, I refuse to arbitrarily deny representation to a fellow Vietnam or Thailand Vet when it comes to Hep C. I was there. I contracted it, too. It almost killed me by 2006. I told him to go ahead and file knowing full well he’d get denied. We obtained an IMO from one of my doctors for free due to his being indigent. It sank like a rock. We filed the NOD and got another "No". After filing the VA 9, we obtained an IMO from a good hepatologist but that was not going to be the winning ticket. I asked for a Travel Board hearing in Oakland so I could present my Vet and his lay testimony in person.

We had the hearing March 28^th, 2019 at the Oakland Puzzle Palace. The Judge, Matthew Blackwelder, wasn’t very receptive to a grant until he read the IMO while we were sitting there in front of him. He mused and said it was indeed an interesting case.

The funny thing about jetgun cases is you could never win them at the local Fort Fumble under the old Legacy system. They’d refuse to grant even if you had a buddy letter from Jesus Christ himself. This one was really no different. We had nothing but lay testimony and some eyeglass prescription records that didn’t say much  which was really nothing useful. Worse, he’d had an STD which wasn’t in the STRs because they were AWOL. When all you have is lemons, make lemonade.

But...an STD like Gonorrhea leaves antibodies forever. I suggested we hold the record open for 90 days to obtain a blood test showing the presence of same. The Judge said “No need to. I have enough here to make a decision.”  I was worried. I took that to mean we had a better chance of winning the Powerball Lotto. I was positive I was going to be arguing this one at the CAVC. We won Wednesday.

Of all my wins, this is by far the best. It’s the only one I’ve ever won solely on the strength of the Veteran’s lay testimony . Don’t get me wrong. The IMO was very instrumental in the win but I doubt we would have prevailed without a face-to-face hearing. A picture may be worth a thousand words but a Travel Board hearing is worth a thousand pictures.     

Steve BVA Win redacted.pdf

Edited September 2, 2019 by asknod

[Buck52]

This is Great News Alex

Good for you buddy and good for your Vet!

Job well done.

ADD

as they would say in the military

''OUTSTANDING''

Edited August 30, 2019 by Buck52

[paulstrgn]

Sounds like besides good lay statements he had someone who believed in him and was not going to blow him off because because he did crazy things in the past. I enjoyed reading this you really did a great job Alex.

I would suggest going out and buying that Powerball lotto ticket...the odds are in your favor!

[Buck52]

Just Curious

Does this veteran still have the H-C? Or still being treated for it?

Will he have it the rest of his life? in other words can they can control it  or is there a permanent cure for H-C?

Maybe there a cure or  remission ? IDK?also will this veteran face a C&P in the near future?

Like PTSD in Veterans

As I believe when a Veteran is traumatized and has PTSD  there is not a cure for that,once traumatized it will always hinder the mind forever, only the Veteran needs to learn the tools to cope with it and how to manage Anxiety/Depression   with medications and a hobby...so for this is what I am learning in therapy.

[paulstrgn]

Buck this is from the Mayo Clinic website :"Hepatitis C infection is treated with antiviral medications intended to clear the virus from your body. The goal of treatment is to have no hepatitis C virus detected in your body at least 12 weeks after you complete treatment."

Here is the link https://www.mayoclinic.org/diseases-conditions/hepatitis-c/diagnosis-treatment/drc-20354284

[FormerMember]

Buck, he no longer has HCV but all the horrific secondary side effects from it- i.e. fatigue, malaise, cognitive dysfunction, cirrhosis, ascites, esophageal varices/bleeding and a host of other deficits. VA was hoping to deny based on the cocaine but they didn't plan on a agent stepping in. Secondaries are what we now use to win with-not the actual disease being present. I do see a lot of the Vets who did the old Interferon beginning to  relapse so no one can say it's gone forever. The next shoe to drop for most of us is Liver cancer. There's no repair order for that one.

My Vet will get a new c&p where they will dx all the present symptoms and issue a rating. He's pretty much comatoast for work options. We'll get 100% or continue to appeal.  I don't say this to brag but there's a reason I have three Vs in less than two years over there- I don't give up. I'll be doing this until I seize up and kiss the keyboard. Theresa says it best... Leave no one behind-ever.