August 18, 2008. This is just one of 43 cases traveling through the BVA system to utilize the precedence setting effects of Groves v. Peake in 2008. We will be seeing many more of these and a mass quantity of Motions for Reconsideration of denied appeals as this becomes more well known in the Veterans community. Tell your friends to come back and refile or reopen their denied claims based on this defect. Look at 38 CFR 3.303(b) for a list of chronic diseases as defined by Victor Alpha.
http://www.va.gov/vetapp08/Files4/0826747.txt
Thank you very much for having an open mind and adjudicating this with the benefit of the doubt doctrine,sir. Veterans may note that Clifford R. Olson is an ACTING Veterans Law Judge. I personally hope to see him as a presiding VLJ soon. I hope they don’t can him for ruling in the Vet’s favor. What else could he do but?
There is no doubt this precedent setting ruling will have far reaching effects on all aspects of VA Law, not just the psychiatric and/or chronic (i.e. 38 CFR 3.303(b))areas. Vets with hepatitis C will have the biggest field day of all with the treatment we have been accorded with respect to the “A” vs. “B” vs. “C” controversy.
