Good Morning ….

I left you a response a few days ago to your question in the post you made on the CAVC decision forum.

As per this question, it depends on what process your claim is at whether new evidence is going to be reviewed at the RO level.  Did they state “why” they are refusing to review this new evidence?   A de novo review of your claim has already been done by a Decision Review Officer (DRO) ?  Is AmLg your Service Rep?

Thank you for your service to our Country.

Thank you for the additional information.  This makes more sense to now.

Regarding “no evidence of hcv in military records” – HepC takes years to manifest itself into a identifiable infection.  A person can be exposed and a blood test would show that, but the virus may not be active and may not become active for years.   Years ago there was no standard of testing for HepC as it wasn’t even a blip on the radar until late ’80 ‘s and it was then known as Hepatitis-non A/non B … until it was graced with the letter C.

What your Nexus needs is 3 distinct parts –

1.)  Known and documented risk factor that occurred while on active duty,

2.)  Current diagnosis of HepC

3.)  The string that ties these 2 together is your doctors statement (Nexus) stating the risk factor is connected to the in-service event and on more likely than not basis is the source of infection …. you can find a sample Nexus to the left underFAQ.  This is also where you can scroll down to Print VA forms where you will find a list of the known risk factors in contracting HepC.

Not sure where you served or during what years but, there is one genotype that is a known risk factor if you served in So. East Asia.  Do you know what Genotype your HepC is ?  If you don’t have a “documented risk factor” in your military records, do you know what the source of infection was from ?   If there is no documented source of infection in your service medical records there are ways to prove risk factor.   Refer to the list to the left under Print VA forms for a complete list of risk factors accepted by the VA.

Now, if you get a solid Nexus in place, medical records pertaining to HepC and all of the ducks are in a row, this would be considered “new evidence” and it can be submitted to the VARO any time prior to the hearing for review.  Anytime you can avoid having to go through the appeals process its a better deal on time for you.  You should not lose your place in line on the docket either.   Not 100% positive on this but will check for you.

If AmLg is your Service Rep., you will need to submit these items to them to submit on your behalf.  I suggest if you continue with them as your Service Rep or change to another Organization or decide to wing it on your own like many of us have here, in any event, always make sure you get a receipt for the documents you are providing, send them Certified Mail/Return Receipt Requested, list what documents you are providing and keep a copy of everything for your own records.  We had a Service Rep who we turned everything over to the Svc. Rep (aka SO) and we continued to submit evidence right up to the SO just prior to the BVA hearing only to find out on the date of the hearing, the Svc. Rep never sent it to the BVA in DC.  Good thing that I brought a copy to the hearing.  The brown stuff the Judge threw on the Svc. Reps face didn’t smell so good.

Five years is a long time.  We have been at this for almost 8 and just received service connection for HepC by way of a BVA decision.  It took 4 years from the date the appeal was filed to have the hearing and another 2 since the hearing to receive the service connection.   Learned alot the hard way, had the ducks been in a row the claim may have never had to go the route of a BVA hearing.

I hope this helps you figure out the schematics of the process and what pieces you may be missing.  If we can be of additional service to you, please let us know.