Every once in a while we have to go back and reiterate certain principles of VA law that gradually become dim in claimant’s minds. This case is a refresher course . It was posted the other day and thus is brand new. Unfortunately it does not set precedence, something all BVA decisions have in common. BVA adjudications are valuable for one reason for Vets. It gives you an idea of what you are preparing to encounter and and a valuable place to pick up precedent setting Court panel decisions relating to your claim. Beyond that they are just paper and have recycle value.Here is an excerpt from this case that bears examination by all potential appellees:The Board also notes that the Veteran has submitted excerpts from two other Board decision pertaining to appeals of other veterans, in which their hepatitis C was found to be linked to in-service exposure to unsanitary air-jet inoculation guns. The facts and findings in prior Board decisions pertain to those veterans’ cases and not to the case at hand. While it appears that excerpts from prior Board decisions may indicate that other Veterans Law Judges accepted medical evidence showing a link between the other veterans’ hepatitis C and their in-service exposure to unsanitary air-jet inoculation guns, any finding in those prior Board decisions is based on evidence associated with the record of those veterans in the other appeals. The Board is not bound by findings found in previous Board decisions. Further, any finding made in a prior Board decision pertains only to the veteran who submitted that appeal. Such a finding is based on the evidence related to that veteran’s medical records and the evidence in that veteran’s claims file. Those decisions do not provide any specific findings or evidence to establish a link between this Veteran’s hepatitis C and any aspect of his period of service.
Keep the above in mind before you start typing your claim…
http://www4.va.gov/vetapp10/files5/1040550.txt
