This is the first claim submitted with the HCV included as the type of Hepatitis. Numerous claims have been submitted for SC over the years, but this is unique in that the Veteran specifically mentions the “C” variant. Up to this filing, the words Chronic, persistent, NANB, Non-A, Non-B, infectious, viral, and other non specific terms involving Hepatitis have been used. There was another appeal of a 1990 filing asking for an increase from 10 to 30% that mentions the “C”, but the original rating was for Hepatitis without the “C”. It’s nice to note that this case won. I wish it had been a harbinger for many more of the same. Our odds of winning have gone up dramatically since 1992. The win/loss ratio then was less than 10/100. Veterans’ success rates have gradually crept up to 16/100, but every case and outcome is unique. As we progress into 2009, it would be nice to see that increase further. Hopefully, Veterans can pick up useful information from these legal briefs and win their cases with careful preparation.

http://www.va.gov/vetapp92/files3/9228530.txt

One last note to Veterans. VA used to have a minimum of 3 VLJs on each decision and sometimes a panel of 5 for an important ruling. As you are probably aware, all decisions now are conducted and judged by one VLJ. I think this is grossly unfair. Imagine a decision rendered by only one judge at the Supreme Court level. The VET’S success, to some degree, depends on the bias the VLJ might have towards the VET if he has any “negative occurances” in his military or medical records(i.e. IVDU, alcoholism, etc.). Of course, we shouldn’t complain too loudly or the next thing will be decisions being issued from India.