BVA– LUCKY NEXUS

Thank you, VLJ Ormond, Jr. This decision is one that clearly demonstrates how justice should be administered-impartially. One of the first things you should look at is that a lowly nurse practitioner, one J.D., seems to know what’s going on here and writes it down coherently so no one else can screw it up or twist her meaning. The second thing is that this VET is shooting for 1978 and he has a Stage 2 moderate fibrosis. That 28 long years ago. Everyone’s disease progresses differently. Nurse JD talks about his risk factors as being many and varied and some being the wrong kind of bozo no-no. But she ascribes a TIME ASSESSMENT that is essential. Meet Dr. E. No ID tags here but smart money says this guy is the hired gun. He doesn’t mince words and pegs it on nose candy, IDVU or (long shot) tattoos. Remember, these risks are always listed in order of likelyhood with the strongest suspect first. It’s only speculation on the doc.’s part but they get to opine, not you and me. We VETS just get to sit in the peanut gallery and pick our noses. Now, Dr. E went on to say that he could not determine, given the records provided, the age of the disease. In the next phase of the decision(II. Analysis), The BVA VLJ does what all gov’t. employees do- He CYAs. He says : We asked you for evidence , nexus and proof. My ex-VSO called that the Golden Triangle, but only AFTER I figured out I was going to need it to win. You must have it. You will note the Judge weighs the evidence and says there’s nothing but the VET’s testimony to back up any blood nexus. VA has no dirt on this guy other than his admitted use in service. There is no mention of anything negative that happened after 1978. This VET did not develop a case of Chatty Cathy disease w/ the doctor/pa. So the VLJ decides that the Nurse is smarter than the doc. but still says it’s the benefit of the doubt . That’s legalspeak for: The guys @ the RO didn’t give me enough rope for a Texas Necktie party so you win . An ugly win is still a win . Most VLJs would send this out for a “medical expert” to reopine on. I am much more familiar with that form of VA justice. I wonder if they took this VLJ out behind the barn and had a chat about company policy and to not let it happen again. We can still call this a teaching moment: VET wins because VA forgot to bring nexus . Interesting point: no risks claimed for jet guns, shared razors, tooth brushes, poor hygiene, STDs, alien abduction, Bush’s fault. An ugly,sloppy victory like your dog licking your face. Go figure.http://www.va.gov/vetapp06/Files3/0617969.txt