The CAVC only heard 13 hepatitis cases during the 2008 calender year. These were all Single Judge rulings and, as such, do not constitute precedent-setting opinions. However, they do show how any appeal you may attempt will be met. This one is priceless as it rips apart the VLJ at the BVA who adjudicated it. It revealed sloppy decision arguments, poor bases for rejecting Dr. Bash’s nexus, and a rotten attitude towards the Veteran. Read on…
http://search.uscourts.cavc.gov/isysquery/9d6286c0-01a4-45f0-89d2-d35f3e0e927c/1/doc/
A hint here. In order to view it naturally like a normal decision, click on the “download” in the upper left next to “view”.
Don’t you love it when someone sees an injustice and rights it? VASEC Peake’s eyes probably bugged out when he read this Remand. I suspect it will be repeated again and again in the future on these types of claims. “Unconvincing”- my ass. Sweet. See you in D.C. at the BVA Courthouse again, Peake. Or will it be Shinseki? Hell, Shinseki might be smart enough to call off his law dogs on this one. I suspect Mr. Paulson may have already won and doesn’t even know it yet.
