• Announcements

    • How to get your questions answered.

      How to get your questions answered. A few observations, and requests of all members. All folks who come here are volunteers who do this on their own time and their own dime.To avoid burning out our best contributors please follow these guidelinesf you are reading a post and it reminds you of a question you want to ask, start a new topic, if you place your question in someone thread it will be difficult to distinguish your question from the original poster, you will get better results posting a new topic with your question. 1. Before Posting please do a search and see if your question has already been answered. If you find the answer print it out and put it in a file to use as a reference file, I find this helpful myself. 2. If you can not find the answer and you do post a question, please print out those answers and refer to them to avoid duplicate questions. 3. Refer to the Frequently Asked Questions4. Duplicate questions will come up from time to time but the keeping them to the minimum will lighten the load on the regular volunteers.5. Respect folks privacy do not request their personal phone numbers for claims help, it is inappropriate and not why they are here.6. Keep the topics focused on veterans issues, in closing Search first Search ... Ask second.it may save a lot of time or at the very least enlighten you.
    • Listen Live Every Wed 5:30 PM CST to SVR Radio, Veterans Issues are discussed with various guests.

      Listen Live Every Wed 5:30 PM CST to SVR Radio, Veterans Issues are discussed with various guests. Please check the little home I am carving out for our SVR partners. http://www.hadit.com/svr.html
    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

      Hi I've updated our HadIt.com Pass It On Cards. They are in a PDF format you can print them out cut them there are 12 to a page. If you have found HadIt.com helpful and would like to pass it on to other veterans this is an easy way to do it.I hope you find them helpful, feel free to leave a few anywhere veterans gather, veterans centers, veterans hospitals, public libraries, be creative. Please make sure though, that if you want to leave some at any business you ask permission first.Here you go http://www.hadit.com...it_on_cards.pdf
    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ http://www.hadit.com/forums/index.php?/topic/40963-va-fl-10-34/ http://www.hadit.com/forums/index.php?/topic/40964-va-fl-10-32/ http://www.hadit.com/forums/index.php?/topic/40966-va-fl-10-30/ http://www.hadit.com/forums/index.php?/topic/40967-va-fl-10-26/ http://www.hadit.com/forums/index.php?/topic/40968-va-fl-10-25/ http://www.hadit.com/forums/index.php?/topic/40819-va-fl-10-24e1/ http://www.hadit.com/forums/index.php?/topic/40818-va-fl-10-24/ http://www.hadit.com/forums/index.php?/topic/40817-va-fl-10-22/ http://www.hadit.com/forums/index.php?/topic/40814-va-fl-10-04/ http://www.hadit.com/forums/index.php?/topic/40969-va-fl-10-03/ http://www.hadit.com/forums/index.php?/topic/40812-va-fl-10-02/ http://www.hadit.com/forums/index.php?/topic/40808-va-fl-09-52/ http://www.hadit.com/forums/index.php?/topic/40806-va-fl-09-50/ http://www.hadit.com/forums/index.php?/topic/40970-va-fl-09-41/ http://www.hadit.com/forums/index.php?/topic/40971-va-fl-09-38/ http://www.hadit.com/forums/index.php?/topic/40804-va-fl-09-33/ http://www.hadit.com/forums/index.php?/topic/40972-va-fl-09-28/ http://www.hadit.com/forums/index.php?/topic/40671-va-fl-09-27/ http://www.hadit.com/forums/index.php?/topic/40973-va-fl-09-26/ http://www.hadit.com/forums/index.php?/topic/40803-va-fl-09-25/ http://www.hadit.com/forums/index.php?/topic/40802-va-fl-09-21e2/ http://www.hadit.com/forums/index.php?/topic/40801-va-fl-09-21/ http://www.hadit.com/forums/index.php?/topic/40799-va-fl-09-20/ http://www.hadit.com/forums/index.php?/topic/40798-va-fl-09-17/ http://www.hadit.com/forums/index.php?/topic/40974-va-fl-09-15/ http://www.hadit.com/forums/index.php?/topic/40975-va-fl-09-13/ http://www.hadit.com/forums/index.php?/topic/40797-va-fl-09-10e1/ http://www.hadit.com/forums/index.php?/topic/40796-va-fl-09-10/ http://www.hadit.com/forums/index.php?/topic/40795-va-fl-09-09/ http://www.hadit.com/forums/index.php?/topic/40976-va-fl-09-08/ http://www.hadit.com/forums/index.php?/topic/40794-va-fl-09-07/ http://www.hadit.com/forums/index.php?/topic/40793-va-fl-09-06/ http://www.hadit.com/forums/index.php?/topic/40977-va-fl-09-05/ http://www.hadit.com/forums/index.php?/topic/40731-va-fl-08-41/ http://www.hadit.com/forums/index.php?/topic/40730-va-fl-08-38/ http://www.hadit.com/forums/index.php?/topic/40729-va-fl-08-36/ http://www.hadit.com/forums/index.php?/topic/40728-va-fl-08-34/ http://www.hadit.com/forums/index.php?/topic/40726-va-fl-08-33/ http://www.hadit.com/forums/index.php?/topic/40725-va-fl-08-31/ http://www.hadit.com/forums/index.php?/topic/40978-va-fl-08-29/ http://www.hadit.com/forums/index.php?/topic/40724-va-fl-08-26/ http://www.hadit.com/forums/index.php?/topic/40723-va-fl-08-23/ http://www.hadit.com/forums/index.php?/topic/40722-va-fl-08-20/ http://www.hadit.com/forums/index.php?/topic/40979-va-fl-08-15/ http://www.hadit.com/forums/index.php?/topic/40721-va-fl-08-12/ http://www.hadit.com/forums/index.php?/topic/40720-va-fl-08-10/ http://www.hadit.com/forums/index.php?/topic/40719-va-fl-08-08/ http://www.hadit.com/forums/index.php?/topic/41580-va-fl-08-02/ http://www.hadit.com/forums/index.php?/topic/40717-va-fl-07-27/ http://www.hadit.com/forums/index.php?/topic/40980-va-fl-07-19/ http://www.hadit.com/forums/index.php?/topic/40981-va-fl-07-15/ http://www.hadit.com/forums/index.php?/topic/40718-va-fl-07-10/ http://www.hadit.com/forums/index.php?/topic/40716-va-fl-07-07/ http://www.hadit.com/forums/index.php?/topic/40715-va-fl-07-06/ http://www.hadit.com/forums/index.php?/topic/40701-va-fl-07-01/ http://www.hadit.com/forums/index.php?/topic/40983-va-fl-06-29/ http://www.hadit.com/forums/index.php?/topic/40699-va-fl-06-28/ http://www.hadit.com/forums/index.php?/topic/40984-va-fl-06-27/ http://www.hadit.com/forums/index.php?/topic/41579-va-fl-06-26/ http://www.hadit.com/forums/index.php?/topic/40698-va-fl-06-25/ http://www.hadit.com/forums/index.php?/topic/40986-va-fl-06-24/ http://www.hadit.com/forums/index.php?/topic/40987-va-fl-06-21/ http://www.hadit.com/forums/index.php?/topic/40988-va-fl-06-19/ http://www.hadit.com/forums/index.php?/topic/40696-va-fl-05-08/ http://www.hadit.com/forums/index.php?/topic/40697-va-fl-04-13/ http://www.hadit.com/forums/index.php?/topic/40989-va-fl-04-06/ http://www.hadit.com/forums/index.php?/topic/42415-va-fl-02-24/ http://www.hadit.com/forums/index.php?/topic/41582-va-fl-01-94/ http://www.hadit.com/forums/index.php?/topic/40990-va-fl-00-44/ http://www.hadit.com/forums/index.php?/topic/41581-va-fl-00-33/ http://www.hadit.com/forums/index.php?/topic/40991-va-fl-99-124/ Miscellaneous http://www.hadit.com/forums/index.php?/topic/40993-best-practice-manual-for-posttraumatic-stress-disorder-ptsd/ http://www.hadit.com/forums/index.php?/topic/44264-auditory-noise-fsh-regulation-no-40-7-appendix-b/ http://www.hadit.com/forums/index.php?/topic/44266-auditory-noise-duty-mosjob-title/ http://www.hadit.com/forums/index.php?/topic/44265-auditory-noise-cam-regulation-40-5/ VHA Directives Number Title http://www.hadit.com/forums/index.php?/topic/41073-va-vha-directive-2010-045/ http://www.hadit.com/forums/index.php?/topic/42174-vha-directive-2010-033/ http://www.hadit.com/forums/index.php?/topic/42175-vha-directive-2010-029/ http://www.hadit.com/forums/index.php?/topic/42176-vha-directive-2010-014/ http://www.hadit.com/forums/index.php?/topic/42177-vha-directive-2010-012/ http://www.hadit.com/forums/index.php?/topic/42178-vha-directive-2010-009/ http://www.hadit.com/forums/index.php?/topic/42179-vha-directive-2009-048/ http://www.hadit.com/forums/index.php?/topic/42180-vha-directive-2009-047/ http://www.hadit.com/forums/index.php?/topic/42150-vha-directive-2008-071/ http://www.hadit.com/forums/index.php?/topic/42181-vha-directive-2008-070/ http://www.hadit.com/forums/index.php?/topic/44263-vha-directive-2008-005/ http://www.hadit.com/forums/index.php?/topic/42182-vha-directive-2007-039/ http://www.hadit.com/forums/index.php?/topic/42183-vha-directive-2007-024/ http://www.hadit.com/forums/index.php?/topic/42184-vha-directive-2007-016/ http://www.hadit.com/forums/index.php?/topic/42185-vha-directive-2007-013/ http://www.hadit.com/forums/index.php?/topic/42186-vha-directive-2006-057/ http://www.hadit.com/forums/index.php?/topic/40994-va-vha-directive-2006-013/ http://www.hadit.com/forums/index.php?/topic/42187-vha-directive-2000-029/

Archived

This topic is now archived and is closed to further replies.

  • 0

At A Loss

Question

Posted

7 years ago I was diagnosed with a brain tumor. I was 9 years out of service, however, there where 3 other men from my Team of 40 with the same afliction. One has since passed. I filed my claim in March of 07.

It was denied 6 months later. I apealed and it was again denied. I filed suit in the court of veterans appeals and it was remanded with specific instructions to have me undergo another C&P exam. The BVA said that the "respectfully disagree" with the court order and simply denied the claim. However, they gave me specific reasons as to why the claim was denied. I filed suit again, and, again it was remanded. I have since submitted medical information that contridicts thier admitted lay opinions as to why my claim was denied. First submission was directly to the VA RO, I even got them to sign confirmation of receipt. That information was "lost" with no explination. I then sent it all myself with signature confirmation. It was received.

I called the AMC several weeks later and they told me that they where waiting for my file from my Regional office. I went to my regional office and they told me my file was at the AMC. I went to the DAV and they said that my file was at AMC and refused to call and verify. Have called my Senator and gotten the standard "we are looking into it".

Anyone have some suggestions?

Share this post


Link to post
Share on other sites

23 answers to this question

Posted

Maybe use the VONAPP application in eBenefits? I have been "doubling" my efforts by mailing copies and also sending the same information online. eBenefits tends to "log" the information as received much more often than they do my mailed-in information.

Just a thought.

Mark

Share this post


Link to post
Share on other sites






Posted

Not going off topic, but do you have a number to the AMC?

Share this post


Link to post
Share on other sites

Posted

Get rid of DAV and go with the American Legion to start.

Or call Amy Kretkowski at the following...

http://hoeferlaw.com/

Share this post


Link to post
Share on other sites

Posted

" I was 9 years out of service, however, there where 3 other men from my Team of 40 with the same afliction. One has since passed."

That is way beyond a mere coincidence.

What was your MOS and possible nexus?

Have they too filed for VA comp?

Reason I ask- about 2 years ago a few male vets found they had all developed breast cancers, and began to contact each other. The only common grounds they had was that they were all stationed at Camp LeJuene many years ago.

http://www.tampabay....icle1013675.ece

President Obama recently signed the LeJeune Legislation and VA has already Sced one vet due to the bad water situation at Camp LeJeune.

My point It is very unusual for 1O% ,as in your case, of a team to develop the same disability,such as these Camp LeJeune vets did.

Did you and your team come into exposure to non ionizing or electromagnetic radiation?

Or any chemical that could potentially have caused the tumors?

Is this a glioblastoma tumor?

These types of claims can succeed with a strong inservice nexus to something that could cause the tumor, with no other know etiology, and with a strong Independent Medical Opinion.

“The medical opinion provided by Dr. S.L., however, is not speculative. This opinion states that, on an at least as likely as not basis, the Veteran's exposure to electromagnetic radiation led to his development of a cerebral meningioma. The examiner discussed pertinent medical and family history and the opinion is supported by adequate rationale. As such, it is considered probative. “

http://www.va.gov/ve...es1/1108804.txt

“However, the Board finds that the issue of whether radiation

exposure caused the Veteran's brain tumor need not be reached

because the evidence indicates that the Veteran's brain tumor

onset during his service. Dr. R.J.S., a physician who treated

the Veteran for his tumor, noted that the type of tumor that the

Veteran had was slow growing and he asserted that "[t]he

malignant transformation took place at least 10 to 15 years prior

to diagnosis." Since the Veteran's glioblastoma was diagnosed

only approximately 3.5 years after his service, this put the

onset of the malignant transformation squarely within the

Veteran's period of active naval service. Dr. R.J.S.'s opinion

that the malignant transformation that led to the Veteran's fatal

brain tumor took place during the Veteran's service was not

refuted by any evidence of record. Dr. R.J.S.'s opinion was

corroborated by that of Dr. P.W., another of the Veteran's

treating physicians, who also noted that the Veteran's tumor was

of a slow growing type and that it was "quite possible" that

the tumor developed during the Veteran's service but remained

asymptomatic until after he left the Navy. A third physician,

Dr. J.A.D., also opined that it was "not uncommon for these

tumors to be present for many years at a lower grade" only to

convert to a more malignant grade at a later time, such as after

continued exposure to external agents damaging to DNA. “

ORDER

Service connection for the cause of the Veteran's death is

granted.

http://www.va.gov/ve...es1/1100285.txt

Share this post


Link to post
Share on other sites

Posted

Good luck welcome to Hadit

Share this post


Link to post
Share on other sites

Posted

You are at the right place, listen to the folks here and keep posting everything!

Do not give up, do not ease up on this. You deserve better than the treatment so far. Hang in there, and keep at it. Good luck.

Share this post


Link to post
Share on other sites

Posted

Kirk posted:

" I filed suit in the court of veterans appeals and it was remanded with specific instructions to have me undergo another C&P exam. The BVA said that the "respectfully disagree" with the court order and simply denied the claim. "

Are you kidding? This is like the BVA giving their boss the middle finger.

I think you should consider filing a "Writ of Mandamus" compelling the BVA to comply fully with the Court of Veterans claims. The BVA isnt allowed

to "disagree" with the Court of Veterans claims, their job is simply to carry out the CAVC orders.

Compliance with the CAVC orders is not voluntary. Its mandantory. Only the Federal court, or an en banc decision can subsume a CAVC order, a BVA judge can not.

Share this post


Link to post
Share on other sites

Posted

Not going off topic, but do you have a number to the AMC?

Yes I have a couple of numbers

1)Toll free information line 1-866-258-0341

2) Direct line (the one they will answer) 1-202-565-5436

3) Director Keith Wilson 1-202-530-9400

4) Asst. Director Keith McQuaid 1-202-530-9462

Share this post


Link to post
Share on other sites

Posted

I have filed suit and it has been remanded based on the non compliance of the original court order. All of the pertenent information has been submitted and received. however nobody seems to be able to tell me where it stands, or why after 3 mos. there has been no movement.

As for my MOS-I was a Navy SEAL. I have made the medical nexus to oxygen toxicity, the cell damage, and distortions in the DNA which causes abnormal growth in the regeneration of damaged cells.

Share this post


Link to post
Share on other sites

Posted

I have gotten a response from the VA who after a week and a half has gotten a response from AMC. AMC says they are going to "research it". I guess I will wait a week then go to the top.

Share this post


Link to post
Share on other sites

Posted

... First submission was directly to the VA RO, I even got them to sign confirmation of receipt. That information was "lost" with no explination. I then sent it all myself with signature confirmation. It was received.

I called the AMC several weeks later and they told me that they where waiting for my file from my Regional office. I went to my regional office and they told me my file was at the AMC. I went to the DAV and they said that my file was at AMC and refused to call and verify. Have called my Senator and gotten the standard "we are looking into it".

Anyone have some suggestions?

I see a pattern in the VA's SOP...

Good luck, hang in there, 'kirk192', and best wishes for resolution.

Bob

Share this post


Link to post
Share on other sites

Posted

“As for my MOS-I was a Navy SEAL. I have made the medical nexus to oxygen toxicity, the cell damage, and distortions in the DNA which causes abnormal growth in the regeneration of damaged cells. “

I am a civilian so I am making an assumption- did you get oxygen toxicity due to diving as a seal?

Also, I a making an educated guess and might be wrong- is this your BVA case?

http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp11/Files4/1139754.txt

I have only seen a few times where the BVA goes against the CAVC.

Do you have a lawyer representing you?

I have friend who is a former Diver for Navy so I am sure that I posted the training letter BVA mentions,in this decision , in our Fast letter/training letter forum for him some time ago as the VA was questioning his hearing loss as due to diving during the Vietnam War.

I will check.

Share this post


Link to post
Share on other sites

Posted

One more question:

do your medical records reveal your brain tumor is a soft tissue sarcoma?

If so, did you serve in Vietnam?

STS (Soft tissue Sarcomas) are service connected in any incountry Vetnam veteran if their medical definition is found in the STS list here at hadit. There are about 34 STS types that VA will SC as presumptive to Agent Orange.

Share this post


Link to post
Share on other sites

Posted

I did not serve in Vietnam.

Share this post


Link to post
Share on other sites

Posted

“As for my MOS-I was a Navy SEAL. I have made the medical nexus to oxygen toxicity, the cell damage, and distortions in the DNA which causes abnormal growth in the regeneration of damaged cells. “

I am a civilian so I am making an assumption- did you get oxygen toxicity due to diving as a seal?

Also, I a making an educated guess and might be wrong- is this your BVA case?

http://www.va.gov/ve...es4/1139754.txt

I have only seen a few times where the BVA goes against the CAVC.

Do you have a lawyer representing you?

I have friend who is a former Diver for Navy so I am sure that I posted the training letter BVA mentions,in this decision , in our Fast letter/training letter forum for him some time ago as the VA was questioning his hearing loss as due to diving during the Vietnam War.

I will check.

Yes this is my case. I already recieve 10 % for hearing due to diving. Can we talk? I submitted VA Training Letter 07-04 in rebuttle to the last denial.

Share this post


Link to post
Share on other sites

Posted

I found a similiar BVA case, where the issue of 9 years after service to diagnosis of

oligodendroglioma

was granted.

(by a different ALJ at the BVA)

In that case the VHA oncologist supported the claim.

In your case it states:

"In their joint motion for remand, the parties argue that the examiner did not provide a sufficient rationale for her opinion; specifically, they argue that it is unclear whether the examiner's conclusions were the result her own knowledge, or whether she had researched medical literature and her conclusions reflect the limits of current medical knowledge. They have requested that the case be remanded so that the examiner can clarify her opinion. The Board respectfully, disagrees. "

BS to that-I went through this crap many times with the VA.

What were her credentials? Did the BVA ever send your case to the VHA oncologist for an opinion?

Did you have a lawyer at the CAVC and if so, will they continue to support and appeal your claim?

I found some statements in your BVA decision that appeared to be unsound and almost aggregious.

It will take me some time to go over the notes I have taken already on the decision and I will get back here with my opinion and how I feel the BVA decision could be appealed.

However, this claim might well take another IMO as the IMO you had did not conform to the IMO format here at hadit.

But an IMO cannot be presented to the court at this point.

Are you able to handle the cost of an additional IMO, if the court would grant another joint remand?

Joint remands from the CAVC are the only way to open the door for more evidence.

I hope others here will take the time to look over this veteran's decision.

In part it states:

“The Board finds that a remand is unwarranted. As a factual determination, the Board finds that there is sufficient evidence to conclude both that the examiner's opinion is based on the limits of current medical knowledge concerning the causes of brain tumors and that a remand would not provide any additional information that would provide any possible basis to grant this claim. Further, the Board finds that neither point cited by the parties of the joint motion is required to make a medical opinion "adequate" in this case. Simply stated, the parties of the joint motion are adding additional requirements to a VA medical opinion that are simply not required under VA law, particularly in light of the facts of this case. “

I think those statements and other nuances to this decision should be appealed ASAP at the CAVC.

How much time do you have left to file another CAVC appeal and is your CAVC lawyer going to support one?

I do see points that are lacking in the claim but hope others here will see what I see in the BVA decision.

Also-have you ever contacted Dr. Harry Whelan?

http://www.mcw.edu/n...tm#.UC5LzKMczTw

Share this post


Link to post
Share on other sites

Posted

I found a similiar BVA case, where the issue of 9 years after service to diagnosis of

oligodendroglioma

was granted.

(by a different ALJ at the BVA)

In that case the VHA oncologist supported the claim.

In your case it states:

"In their joint motion for remand, the parties argue that the examiner did not provide a sufficient rationale for her opinion; specifically, they argue that it is unclear whether the examiner's conclusions were the result her own knowledge, or whether she had researched medical literature and her conclusions reflect the limits of current medical knowledge. They have requested that the case be remanded so that the examiner can clarify her opinion. The Board respectfully, disagrees. "

BS to that-I went through this crap many times with the VA.

What were her credentials? Did the BVA ever send your case to the VHA oncologist for an opinion?

Did you have a lawyer at the CAVC and if so, will they continue to support and appeal your claim?

I found some statements in your BVA decision that appeared to be unsound and almost aggregious.

It will take me some time to go over the notes I have taken already on the decision and I will get back here with my opinion and how I feel the BVA decision could be appealed.

However, this claim might well take another IMO as the IMO you had did not conform to the IMO format here at hadit.

But an IMO cannot be presented to the court at this point.

Are you able to handle the cost of an additional IMO, if the court would grant another joint remand?

Joint remands from the CAVC are the only way to open the door for more evidence.

I hope others here will take the time to look over this veteran's decision.

In part it states:

“The Board finds that a remand is unwarranted. As a factual determination, the Board finds that there is sufficient evidence to conclude both that the examiner's opinion is based on the limits of current medical knowledge concerning the causes of brain tumors and that a remand would not provide any additional information that would provide any possible basis to grant this claim. Further, the Board finds that neither point cited by the parties of the joint motion is required to make a medical opinion "adequate" in this case. Simply stated, the parties of the joint motion are adding additional requirements to a VA medical opinion that are simply not required under VA law, particularly in light of the facts of this case. “

I think those statements and other nuances to this decision should be appealed ASAP at the CAVC.

How much time do you have left to file another CAVC appeal and is your CAVC lawyer going to support one?

I do see points that are lacking in the claim but hope others here will see what I see in the BVA decision.

Also-have you ever contacted Dr. Harry Whelan?

http://www.mcw.edu/n...tm#.UC5LzKMczTw

Berta,

I have had a lawyer and won a remand on May 15,2012. I have sent medical articles and wikipedia on O2 toxicity detailing its effects and including early symptoms that went un noticed even by me to includ a detached retna, hand tremors. I still have time to add info, but no one can tell me where I stand. AMC says it is waiting for my file from my RO. My RO says that my file is in DC. My RO has been trying to get it straight but AMC is not responding.

Share this post


Link to post
Share on other sites

Posted

Gee-I realized the BVA decision was dated Nov, 2011 and then re read your posts:

"I have filed suit and it has been remanded based on the non compliance of the original court order. All of the pertenent information has been submitted and received. however nobody seems to be able to tell me where it stands, or why after 3 mos. there has been no movement."

WHEW-I am so glad !

"Posted Yesterday, 09:48 AM

I have gotten a response from the VA who after a week and a half has gotten a response from AMC. AMC says they are going to "research it". I guess I will wait a week then go to the top."

The AMC has the reputation of being the Black Hole for claims.

Are you comfortable with giving us your CAVC docket number for the joint remand?

CAVC info is public and we could read the remand on line.

Did the SCUBA or Drager Unit ever involve prolonged exposure to vinyl chloride ?

Share this post


Link to post
Share on other sites

Posted

I went over your BVA decisions carefully and hope others too will chime in here.

This BVA decision was unlike anything I have seen since the VCAA defined and established our rights as claimants in 2000 .

I feel the BVA gave no medical rationale to disregard the buddy statement as to your inservice tremors:

“According to the National Institutes of Health, normal aging and low blood sugar are two common causes for hand tremors. Stress, anxiety or fatigue can result in postural tremors, though these tremors will go away when the stressor or fatigue is alleviated. However, brain damage can also be the reason for a hand tremor. A stroke or brain tumor, which can disrupt normal brain function, are also possible causes.”

http://www.livestrong.com/article/18976-causes-hand-tremors/

“Cerebellar tremoris caused by brain damage from a stroke, tumor, or degenerative disease, such as multiple sclerosis. Chronic alcoholism can also cause cerebellar tremor. Cerebellar tremor is most pronounced in the hands during a particular action, such as reaching out for something or touching the tip of your nose. Cerebellar tremor may also be called intentiontremor.

http://www.localheal...d-tremor/causes

Brain Tumors

  • According to The Children's Hospital of Philadelphia, each year approximately 2,000 children in the United States are diagnosed with a brain tumor. The type of brain tumor, size and location will produce different symptoms. A brain tumor in the cerebellum, or back of the brain, can cause hand tremors in children as well as other symptoms such as headaches, difficulties walking, and vomiting in the morning without nausea.


    http://www.ehow.com/...-children_.html

    If your tumor is parietal, that rests just over the cerebellum at the back part of one's head.

    Tremor-Causing Injuries

    • A physical injury to the motor center of the brain or a stroke can contribute to hand tremors. Brain tumors can press against the motor center and cause tremors. Injuries to the nerves of the arm or shoulder can also create muscle weakness and cause hand tremors.

    http://www.ehow.com/...nd-tremors.html

    Your BVA decision states:

    “The first evidence of any problem appears in October 2006, nearly a decade after the Veteran's active service. “

    However this BVA decision contradicts the medical facts involving this type of tumor:

    However, the VHA oncologist also noted that small

    cancers and pre-neoplastic lesions can remain dormant for an

    extended period before growing aggressively and, therefore,

    concluded that it was "reasonable" to regard the tumor as

    having been present during the Veteran's military service in

    1991.

    In summary, and affording the Veteran the benefit of the

    doubt, the evidence suggests that the he has low-grade

    oligodendroglioma which had onset during service.

    Accordingly, the Board concludes that low-grade

    oligodendroglioma was incurred in service.

    ORDER

    New and material evidence has been presented to reopen a

    claim for service connection for low-grade oligodendroglioma

    with seizures.

    Service connection for low-grade oligodendroglioma with

    seizures is granted.

    Source: http://www.va.gov/ve...es2/1015944.txt

    The BVA stated in your case

    :

    “the medical opinion of Dr. E.K. provides limited evidence against this claim, clearly indicating that the Veteran received multiple neurological examinations during service, more than would a typical servicemen during his military service, due to nature of the ….” The IMO was poorly prepared. A BIG problem for the claim.

    “In a February 2007 letter, the Veteran's neuro-oncologist, Dr. F.H. states generally, while he and his colleagues are not sure what the cause of the Veteran's brain tumor is, it may have been caused by his use of an oxygen re-breather in service. “ He didnt give a full medical rationale."may" or "May not" statements are too speculative in IMOs and have no probative value.

    The VA Neurologist (not an oncologist) gave no medical rationale or treatises, or medical abstracts to bolster her opinion of August 2010.

    “Finally, she stated that there is no evidence that she can find that would support the Veteran's theory that toxins from the re-breathing device caused chromosomal changes leading to an anaplastic brain tumor. “

    This begs the question, what Drager unit toxins could have caused the tumor?

    How were the units cleaned? Was the cleaning fluid a potential toxin or carcinogenic?

    Were the paper glass fibre fllters carcinogenic after long term use in the gear?

    Where was the diving done? Is it a Superfund site now?

    Was the diving predominately done in water that also catched run offs from toxins from factories, farms, etc that could have been carcingens that lingered on the wet suits?

    Problems arise when a claimant states a potential theory of entitlement ,yet, a claimant should raise EVERY single potential theory of entitlement.

    “In their joint motion for remand, the parties argue that the examiner did not provide a sufficient rationale for her opinion; specifically, they argue that it is unclear whether the examiner's conclusions were the result her own knowledge, or whether she had researched medical literature and her conclusions reflect the limits of current medical knowledge. They have requested that the case be remanded so that the examiner can clarify her opinion. The Board respectfully, disagrees. “

    Would the BVA disagree that the actual VHA oncologist , as within the above cited BVA decision, should in fact be requested to prepare an opinion?

    “As a factual determination, the Board finds that there is sufficient evidence to conclude both that the examiner's opinion is based on the limits of current medical knowledge concerning the causes of brain tumors and that a remand would not provide any additional information that would provide any possible basis to grant this claim. Further, the Board finds that neither point cited by the parties of the joint motion is required to make a medical opinion "adequate" in this case. Simply stated, the parties of the joint motion are adding additional requirements to a VA medical opinion that are simply not required under VA law, particularly in light of the facts of this case. “

    What “limits” of medical knowledge on etiologies of brain tumors are they citing?

    Training Letter 07-04 is referenced by the veteran and by the BVA. Although the TL does not specify brain cancers in divers,

    the VA didnt SC IHD in Vietnam veterans until many decades after their service (Nehmer decision)

    But Training Letter 07-04 is a moot point for this claim.

    “The Board needs more than a theory from the Veteran to remand this case for a medical opinion, which it does not have. “

    You had evidence (the buddy statement) .

    “Simply stated, in this case there is even the absence of any speculative article from even nonmedical sources indicating some remote possible connection between an oxygen re-breather and cancer. We are dealing with a theory of entitlement with no medical or factual foundation at all. “

    I feel the buddy statement ,supported with above references as to the tremors, should have been given more weight.

    You have some links above that an IMO doctor might well be able to use to support the inservice nexus.

    On remand other theories of entitlement could be raised, such as was diving done in an area that was contaminated with run offs of cleaning fluids, fertilizers, herbicides , or any other toxins that were carcinogenics.

    Where was the diving mainly done?

    “On review of the evidence in this case, notwithstanding the Board's prior determination, the Board finds that a medical opinion should not have been obtained in this case in the first instance, as the evidence indicating that the disability at issue may be associated with the veteran's service is simply too speculative.”

    I think that is a very arbitrary and capricious opinion from this BVA lawyer.

    Then again- Hell the VA thinks most of our claims are mere speculation until we provide them with evidence.

    As a claimant myself I found that NOTHING is impossible . the BVA employs lawyers, who are not doctors, and I have never seen this type of BVA unfounded rhetoric in a BVA decision since the years prior to the VCAA.

    I won 2 SC claims recently whereby the diagnoses of 2 disabilities (due to AO) never even appeared in my husbands SMRS or his Medical records.NOTHING is impossible.

    “While the Veteran has claimed that other Navy SEALs have developed brain tumors, suggesting that there is something about the nature of their service that has caused their illness, he has unfortunately provided neither VA nor his treatment providers any information about these individuals such as their names, dates of service, and the type of brain cancer from which they allegedly suffered. Without such information, the Veteran's claims are, as the examiner stated, "speculation only." A general claim that other SEALs also developed brain cancer, therefore, my brain cancer was caused by service (a "cancer cluster argument") is too vague for the Board to be able to develop further, despite the potential significance. "The VA's 'duty' is just what it states, a duty to assist, not a duty to prove a claim with the claimant only in a passive role." Gobber v. Derwinski, 2 Vet. App. 470, 472 (1992). VA cannot be expected to obtain the medical records of former Navy SEALs to see how many have brain cancer or perform scientific studies on the long term side effects of equipment issued by the armed services without some evidence, which is simply totally lacking in this case. “

    With that information, the H VAC might request input from the IOM. It also could lead to support for your claim if any of these vets have found the nexus factor,via an IMO or research.

    “In this case, the examiner provided a rationale, citing the problem the Board has noted above: there is nothing that supports the speculation that the Veteran's brain tumor was caused by service. We cannot ask the examiner to provide any more "supporting data" if there is simply no supporting data to be found. We are asking the examiner to prove a negative. “

    The internet has thousands of medical studies and treatises that do not support many nexus factors,such as http://www.bmj.com/c.../bmj.d6387.full

    (after all the hoopla that cell phones cause cancer, this study says they dont.)

    “even if we ignore the findings of the VA medical opinion, the case must be denied in light of the total non-probative value of the evidence the Veteran has submitted to support his nexus. “

    I feel the buddy statement was highly probative and that the IMO was very poorly prepared and a better IMO (following our IMO criteria here at hadit) might certainly help this claim succeed.

    This claim needs more leg work but you are keeping it in the appellate process and that is great!

Share this post


Link to post
Share on other sites

Posted

Gee-I realized the BVA decision was dated Nov, 2011 and then re read your posts:

"I have filed suit and it has been remanded based on the non compliance of the original court order. All of the pertenent information has been submitted and received. however nobody seems to be able to tell me where it stands, or why after 3 mos. there has been no movement."

WHEW-I am so glad !

"Posted Yesterday, 09:48 AM

I have gotten a response from the VA who after a week and a half has gotten a response from AMC. AMC says they are going to "research it". I guess I will wait a week then go to the top."

The AMC has the reputation of being the Black Hole for claims.

Are you comfortable with giving us your CAVC docket number for the joint remand?

CAVC info is public and we could read the remand on line.

Did the SCUBA or Drager Unit ever involve prolonged exposure to vinyl chloride ?

Berta I would very much like to send you all I have prepared and submitted. we are going in circles with the same info. meaning you are telling me what I have already done

Share this post


Link to post
Share on other sites

Posted

“Berta I would very much like to send you all I have prepared and submitted. we are going in circles with the same info. meaning you are telling me what I have already done "

Then I assume you already have the American statistics on incidence rates this form of cancer, ….(very startling info compared to the 3 men in your team)

You have carefully researched where the team did the most diving, to see if this was a contaminated site, you have the detailed specifications for the Drager Units, as well as researched anaplastic oligodendroglio thoroughly,(the DNA component you mentioned is very significant-I researched that too )

you have accessed similar cases at the BVA, and if you dove in the Gulf or Kuwait tributaries you already know how toxic those waters were,

and have submitted anything at all that could advance your claim to the BVA.

I got the impression from the BVA denial that they only had the IMO you sent to them and the buddy statement.

It would therefore be redundant for you to send to me what you say is the same information I am 'telling you' about. I have spent almost 9 hours so far researching your claim and all of the factors it involves.Thanks for letting me know you already have this info.

I dont handle claims issues off the hadit board and I am sure your lawyer has questioned VA already

as to why they did not consider

“all I have prepared and submitted.”

Men and women this veteran's case is important for 2 reasons

....

because not only is the incidence of this type of cancer alarmingly unusual in this vet's other SEAL teammates,

I feel the BVA for some bizarre reason, crapped all over his rights,in their denial and if they do that to any one of us, they could do it to more of us.

However I will withdraw further comments on this. Others will chime in and help you.

.

Share this post


Link to post
Share on other sites

Posted

Thank you Berta. We are on the same page. One more question. What does the BVA, VA, AMC consider "Expeditious" as court remand claims are supposed to be handled expiditously?

Share this post


Link to post
Share on other sites












  • HadIt.com Twitter