These kinds of cases disturb me. I expect we are going to start seeing more like this example(and mine)that were filed under “hepatitis” without a letter after them. Its a backdoor method to 86 an old rating after it has been awarded. If you have an old SC award for hep and you still haven’t converted it into a P&T, it might be time to give it some serious thought if you can.

Also, check out how the VA examiner tries to pawn off the idea that the Vet recently contracted “C” between 2002 and 2007 and that the CFS is related to this new “recent hepatitis event”. They really have a sense of humor in San Diego. What are they gonna do if the Vet is Stage 3? Say its a new, rapid growing variant? We will keep you posted on this one.

http://www.va.gov/vetapp08/Files1/0805999.txt

What disturbs me is the VA denied him in 2002. He appealed it and it went up to BVA. But look at the remand date of Jan. 2007–fully 4 years and 5 months after the denial and apparently the second remand back to the VARO. Obviously this is the third remand and may turn out to be the beginning of the end of the Vet’s Hep claim, not an adjudication of his CFS, secondary to hep. Scary. Justice delayed, gentlemen. Not Justice denied. Watch out for that Justice Bus. Incoming!