CAVC–SJD– Hep. Ruling


Here’s an interesting decision by a single judge(Greene) on the propriety of Mr. Curtis Scott’s  BVA decision denying SC for Hep. It seems the VARO, in its haste to deny him, overlooked two thirds of his claimed risk factors and instead glommed onto his jetgun assertions. When you fill out the risk factors questionnaire, it clearly lists high risk sexual activity and tattoos as presumptive risks. What, then, to make of the examiner’s apparent glossing over of these important facts and the ensuing denial? Thank God for the Court and their ability to analyze ALL the facts clearly. With out them, this Vet would have met the fate of thousands before him. Most Vets with claims before the Court are too young to remember or unaware that prior to the creation of the Court in 1989, an adverse BVA decision was the end of the road. With the declining quality and flawed jurisprudence being handed down there now, it is even more important that Vets properly appeal their cases to the Court to ensure they get justice.

     Mr. Scott also has been thrown a life ring by the Court. His remand allows him to submit more evidence to the Board in the first instance and sign a waiver  absolving the RO of another review. This might be an excellent time to seek a nexus to rebut the VA’s. He is being repped by one who is unarguably the best in the business-Virginia Girard-Brady.                                                                                                                                                                             At the risk of employing scatological humor (which I abhor), Ms. Virginia Girard-Brady poops ice cream and walks on water where Vets are concerned. She is a one-woman cyclone in the Court. Her win/loss record is phenomenal. Whether this is due to cherrypicking easy decisions is debatable.  I’m not a big fan of that hyphenated name business, but what the hey? Whatever it takes to win is okay with me. We see her name pop up frequently where hep. claims are concerned.
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VA claims blogger
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