Here is a classic example of what happens when the gun goes off half-cocked. Nothing happens. In this case, the claim dies on the operating table for lack of merit. Had this Veteran read the Diagnostic Code in Part 4.114 for digestive diseases, he would have instantly realized his case had a hole in it. What’s worse is that he had a Veterans Service Organization (National Association of County Veterans Service Officers) who apparently was equally ignorant of the rules and regulations contained in Chapter 38, Code of Federal Regulations. They proceeded full bore even after the Regional Office denied this. To the uninitiated, when you receive a denial it clearly lists the reasons for the decision. Based on that, the VSO proceeded to appeal with no more ammunition. The Vet’s viral count was undetectible. By his own admission, he stated his symptoms were no more than mildly debilitating. He even evinced a knowledge of the VA laws concerning this. Witness the 3rd paragraph:

     The Veteran’s actions are also indicative of his actual knowledge  of the requirements for substantiating his increased rating  claim. The Veteran reported his current symptoms to VA treatment  provider and VA examiners and presented testimony of his  currently symptoms during the June 2009 Travel Board hearing.   Based on this evidence, the Board is satisfied that the Veteran  had actual knowledge of what was necessary to substantiate his  increased rating claim.  SeeDaltonv. Nicholson, 21 Vet. App.  23, 30-31 (2007) (actual knowledge is established by statements  or actions by the claimant or the claimant’s representative that  demonstrate an awareness of what is necessary to substantiate a  claim).

This is what frightens us at Ask Nod whenever we read decisions involving a Vet represented by a VSO. One would expect an inept defense from a Vet representing himself. How then to explain a National organization sending this fellow to the chopping block with no effective counsel.

We have heard many Vets tell us they met their Service Officer for the first time an hour or so before the Vet’s hearing. So much for justice-free or otherwise.

http://www4.va.gov/vetapp10/files4/1034418.txt