Old Agent Orange tried again!

I was prescribed the medication “Jardiance” in December 2019 by my VA doctor. I was told that the new medication would help my diabetes and service connected heart conditions. Soon after, I started having huge boils in the groin area and bleeding ulcers. I complained, first to Dermatology and then several trips to the ER. Each ER trip earned me a bottle of antibiotics with no explanation of a cause.

On the evening of July 3rd, 2020, I once again went to the ER. I remember reaching for the ER door handle and I woke up thirty days later. I had to have emergency surgery. The doctors told me that they had fifteen minutes to decide whether to operate or just make me comfortable and let me go.

The Jardiance medication side effects, along with my service connected Chloracne, caused Fournier’s Gangrene bacteria that literally ate me alive. I was not expected to survive the surgery and all of the skin graphs. I was given a 12% chance to make it another 90 days. It has been fifteen months now and I feel like I have finally gotten back to my new normal.

I did file a claim on the Fournier’s Gangrene and an increase on the Chloracne. I was granted the Fournier’s Gangrene and an increase to thirty % for Chloracne. I was also rated for seventeen service connected scars, some were rated as painful scars. At the same time, I was granted the “R”-2 Special Monthly Compensation rating.

As a result of the passage of the Mission Act, the caregiver’s program became available for us older Vietnam Era vets, so my wife qualified under the PCAFC program as my official caregiver and compensated for the role that she plays in my Activities of Daily Living.

I am looking forward to my 73rd birthday in January 2022. Life is good!

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Advanced to SMC R-2 rating

On 07/03/2021 I traveled to the Veterans Hospital in Nashville Tennessee. My wife let me out at the emergency room door. In a great amount of pain, I reached for the door handle and woke up thirty days later.

I was informed that I had had Fournier’s Gangrene and had underwent emergency surgery. I had been reconstructed from above my knees to just above my navel. I had lost forty one pounds of flesh during the surgery. All of this was resultant of my agent orange exposure and secondary diabetes and chloracne.

On 02/01/2021 I filed a claim for the Fournier’s Gangrene and at the same time I filed for an increase from Special monthly compensation R-1 to SMC R-2. The claim was adjudicated within forty five days, from the day that I submitted it to the date of the decision.

I was granted a 20% rating for the Fournier’s Gangrene, thirty % for painful scars, an increase from 0% to 20% for the chloracne, and an increase from SMC R-1 to SMC R-2. At the same time I was rated for seventeen scars ranging from four inches long to over fifteen inches long. I did not file on the scars, but they were noticed by the C&P examiner and automatically entered on the claim to fulfill the VA’s duty to assist.

Compensation at the R-2 rate is $10,905.69 per month, but along with all of the pain and suffering, not to mention two years worth of recovery, I would sooner have my health back.

My wife has also been excepted into the VA caregiver program and is now compensated due to the passage of the Mission Act allowing for us older veterans to enter the program as of October 1st, 2021.

I still have an open CAVC case for an earlier effective date for the 2016 grant of R-1. I have already won a joint motion for remand and at the court. The case is now headed back to the BVA for a new decision. I expect to win a grant for a five year earlier effective date. It involves sixty months of back pay at over three thousand dollars per month. Of course, there will be a 20% deduction from the retro for legal fees.

Update, I did win the five year earlier effective date for the award of R-1.

James M. Cripps,

Veteran

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Bad day at Fort Benning

I knew that July 1967 day at Fort Benning Georgia was going to be a bad day when the tear gas attack interrupted my early morning smoke break. The order had been given to take a break and, “smoke em if you got em”. The entire company of three hundred and sixty men seemed to slump down so as to lounge among the tree roots and pine needles on the pine forest floor. The sound of more than three hundred zippo cigarette liters flicking at the same time attested to the fact that we all smoked. We all had em because cigarettes were issued in the “C” rations distributed at every meal.

Training protocol had taught us troops that at the slightest detection of a gas attack to put on the gas mask that we all carried, and clear it in order to remain a viable and functional individual fighting force. That particular morning our company, “Charlie Company”, had already experienced several gas attacks. Five canisters of gas exploded among us unsuspecting soldiers in that particular attack. We all just jumped up and ran. I left my gas mask, backpack and rifle lying on the ground. As the toxic gas dissipated I returned to retrieve the items that I had abandoned in the excitement.

When we reorganized after the attack, we were briefed on a training search and destroy mission. We were to advance at twenty five yard intervals through a thick pine forest, searching for an enemy command post. My position in the line of advancing troops was on the right flank. After a long while I realized that I was alone and had become separated from Charlie company. I had no choice but to continue the advance in search of the objective, just hoping to keep pace and rejoin the others at some time.

I crept along, weighted down with a eighty seven pound pack on my back, steel helmet on my head and carrying a heavy rifle in July ninety eight degree heat. It was well known that the area was infested with mines, crude booby traps, pungy sticks and explosive trip wires. Extreme caution was in order and the slightest mistake could be lethal, or at the least, reveal my position and announce my presence to the enemy force in the area.

Ahead I discovered a break in the pine forest with a hundred yard wide strip of grassland to be negotiated. The grass was short but I could remain concealed if I crawled toward the forest on the other side. I cautiously proceed, crawling along, pausing at irregular intervals, just long enough to raise my head to have a look and keep track of my position. The sandy soil chewed away at my knees and elbows. At about two thirds the way across the grassy area, from some unknown source, I detected the burning sensation of tear gas. Recognizing the threat, I quickly donned and cleared my gas mask. My eyes were burning and watering. I felt sick to my stomach, but I was lucky enough not to have inhaled enough gas to cause me remove the mask in order to vomit.

Because of my now poor eyesight that was created by the gas attack, and the mask itself, I was unable to see the building that had been constructed and camouflaged in the tree line until I was almost under it. The structure was built on stilts, about seven feet off of the ground. There was one window opening overlooking my position and one door on the opposite side. I just laid in the tall grass and observed the building for a long while. There was no movement and the building seemed to have been abandoned. I removed my backpack, rolled over on my back and scooted under the building. I could see through the cracks in the floor that there was no one inside. I checked my map and compass. This was without a doubt the objective of the search and destroy mission and my chance to take it, single handedly! Rather than chance using the door I decided to shimmy up to the window to gain entry. I was carrying enough C-4 explosives to set charges and blow that structure all to hell.

I placed my backpack below the window opening and hung my rifle by the sling on the window ledge. I got a running start, pushed off of the backpack, and grabbed the bottom of the window. I pulled myself up into the window to a sitting position. When I tried to put one foot down on the floor all hell broke loose. I couldn’t see down because of the gas mask that I was wearing and I failed to spot the trip wire insideand below the window sill. The explosion blew me up and out of the window backwards. I fell seven to eight feet to the ground, landing flat on my back. The explosion and fall knocked the wind out of me. The landing banged me up pretty bad and broke my tail bone. I just laid there on the ground, trying to figure out what exactly had happened to me and to assess my situation. It took some time for me to pick myself up off of the ground and hobble away. The pain was unforgettable.

I have very little memory of the time after the explosion and the rejoining of the other troops later that afternoon. Somehow, I managed to rejoined the company. I never said a word about what had happened to me or that I had gotten separated. X rays after my military service reveal the broken tail bone but I can’t claim the injury as a service connected injury because I didn’t report the incident, therefore there is no record of the injury.

Sp-5 James M. Cripps

US Army 1967-1970

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Agent Orange EXPOSURE, first ever claim granted inside CONUS!

Click here to see who James M. Cripps is and how he was exposed to agent orange inside CONUS!

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VA nexus letter guide that I wrote awhile back. It has been copied/used 16,000 times

UNITED STATES VETERANS ALLIANCE

HONORING THOSE WHO SERVED ANYTIME, ANYWHERE

To Print
Copy and paste into your web browser.  Print the 2 pages (Nexus explanation & example Nexus)  Thanks!

There are certain important things in this world that we only get one shot at. Such is the Nexus letter in a veteran’s service-connected disability claim with the Department of Veterans Affairs. Although only one Nexus letter is required, it is advisable to seek the overwhelming number of three individual and concurring Nexus letters if possible. The Nexus letter may require a lot of effort on the part of the veteran, but the return is indispensable.

Generally, according to the law, three elements are necessary and therefore required to obtain a favorable decision by a veteran for service-connected benefits.

- An event in service that could have caused or aggravated a disease or condition

- A present day diagnosis of the existence of the same disease or condition

- A medical opinion linking number 1 with number 2

The required medical opinion is called a Nexus letter. The letter must be written specifically for the individual and explicit to that individual’s claim. It is important that the opinion be expressed as a degree of likelihood. The degrees of likelihood, arranged in ascending order from the lesser to the greater are as follows, “not likely”, “at least as likely as not”, “more than likely”, “and highly likely”.

In the case of “at least as likely as not”, the veteran always receives the benefit of doubt and therefore the outcome is considered a favorable opinion. The doctor, or expert, does not have to use absolutes or conclusions in the statement. Opinions are gleaned by a review of the pertinent records and facts. A professional opinion can then be rendered based upon the record, the medical history, the facts, and the education and/or experience of the author of the letter.

Most denied veterans’ claims failed because of the lack of a Nexus letter altogether or the lack of a properly written Nexus letter.

A proper Nexus letter must be as brief as possible while stating the facts and must include the following:

“After a review of the veterans pertinent records” – (use medical and any service records furnished by the veteran to show the event in service)

“It is my professional opinion that it is at least as likely as not” – (choose and insert the proper degree of likelihood, see above choices)

The author must offer a rationale as to the opinion in the statement – (e.g.,” It is well known in medical journals”)

The author must provide credentials, especially VA titles or specialties – (e.g., Oncologist, Hematologist, Orthopedic Surgeon, Environmental Clinician, etc.)

Please understand that the VA often uses credentials to assign probative value to the nexus letter.

Example of a Nexus Letter

DATE ____________

Reference: (Veteran’s name) ____________

SS# ____________________ VA File

To Whom It May Concern,

I am Dr. ____________. I am board certified to practice in my specialty. My credentials are included. I have been asked to write a statement in support of the afore mentioned veterans claim.

I have personally reviewed his medical history. (Name the Documents) I have also reviewed and have noted the circumstances and events of his military service in the years ____________ (Event or Events claimed as the cause of the condition) while he served during his military service. (List dates of service)

Mr. ___________ is a patient under my care since (enter Date). His diagnosis is _____________ (Name the Condition).

I am familiar with his history and have examined Mr.____________ often while he has been under my care. (Specify Lab Work, X-rays, Etc.)

Mr.____________ has no other known risk factors that may have precipitated his current condition.

After a review of the pertinent records it is my professional opinion that it is at least as likely as not that Mr. ____________’s condition is a direct result of his (Event) as due to his military service. (Choose the degree of likelihood with which you can concur – “at least as likely as not”, “more than likely”, or “highly likely”)

In my personal experience and in the medical literature it is known (Give a rationale).

Signed,

Dr. ____________
(List credentials and contact information)

Please understand that the VA often uses credentials to assign probative value to the nexus letter.
While the nexus letter must be brief as possible it should be as detailed and complete as the circumstances dictate.

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VA the redneck way

Any  disability claim that is filed with the VA must be supported by evidence in order to be be granted. There is no guesswork or luck involved, it is black and white.

Three elements must be satisfied in order to obtain a favorable decision.

There must be shown an event in service that caused or aggravated the claimed disease or condition.

There must be a present day diagnosis showing existence the same disease or injury, or residual thereof.

A medical opinion must connect the event in service with the present day residual. The medical opinion is called a NEXUS. Most veterans claims are denied because of the absence of the nexus letter altogether or the nexus letter was improperly written.

Learn to play by the rules to produce the win. It is not easy and will require work on the veteran’s part and a fair amount of patience.

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