Feb. 88- Vet filed and lost a “hepatitis” claim based on hep. in service in March 77. Fast forward to July 08. The vet has a new claim before the BVA on appeal(obviously the local VARO still doesn’t believe him). Notice this time the Oklahoma Dept. Of Veterans Affairs and the Vet filed it slightly differently as a claim for “hepatitis C” instead of just “hepatitis as he did in 88. The VLJ has promptly changed the claim from a reopening of an old hep. claim(88) to an original or “brand new” claim(08). Most Vets, indeed most people, would not see the significance in this. If the Vet found old evidence from the 70s or 80s that he could submit, it would mean an effective date of 88 from the old claim and hundreds of thousands of dollars. Since this is now considered to be a new or original claim, if the Vet wins, the effective date will be the date filed, which is probably Feb. 07. The Vet will get screwed to the tune of the hundreds of thousands mentioned above simply by virtue of one letter-“C”. Be careful what you ask for. HCVets advocates filing for “hepatitis”. That may include A,B,C, AIH (autoimmune hep) or any combination of the 4. It can mean lots of money when done incorrectly as here. Read over your claim very carefully before you push “PRINT”.

http://www.va.gov/vetapp08/Files3/0823535.txt

Chances are we are going to see this become the rule rather than the exception, with or without the permission of the Vet. When that happens, expect to see the success rate sink to about 5 % from the current 15%. Five bucks says this claim is dead in the water now or will be. I hope the Vet takes this up on an NOA to the CAVC. I suspect they might have something to say on the subject of a VLJ tampering with a Vet’s claim.