Ever wonder what happens to your claim or appeal when you arrive without a nexus from your doctor? Or you become a doctor in your own mind able to diagnose strange diseases faster than a speeding bullet? Read on, Ladies and Gentlemen.
The Board notes that this is the only medical opinion on record that deals with the etiology of the Veteran’s hepatitis C. The findings of a physician are medical conclusions that the Board cannot ignore or disregard. Willis v. Derwinski, 1 Vet. App. 66 (1991). The Board finds that the April 2006 VA examination is probative since he reviewed the Veteran’s claims file and his opinion was extremely through and detailed and reference available literature. Prejean v. West, 13 Vet. App. 444, 448-49 (2000). In addition, the Board notes that there is no medical opinion of record that refutes the VA examiners opinion or the import of the available medical literature discussed in that examination report. The Veteran testified that the VA examiner had stated erroneous facts, specifically, the mention of drug use and tattoos. He testified that he never used intravenous drugs. The Veteran also testified that his diagnosis of hepatitis C preceded his tattoo. The Board notes that there is evidence that supports the Veteran’s statement that his only tattoo was received in 1995, subsequent to his diagnosis of hepatitis. Regardless of any mistakes regarding the examiner’s mention of tattoos or drug use, the examiner’s opinion against service connection still stands, uncontroverted by any other medical evidence. While the Veteran has testified that his hepatitis C was due to the immunization guns used in military vaccinations, the Veteran is not competent to provide medical testimony as to etiology of a condition. The Board notes that a layperson such as the Veteran is competent to testify in regard to the onset and continuity of symptomatology. Heuer v. Brown, 7 Vet. App. 379, 384 (1995); (Falzone v. Brown, 8 Vet. App. 398, 403 (1995); Caldwell v. Derwinski, 1 Vet. App. 466 (1991). A layperson, however, lacks medical training to be considered capable of opining, however sincerely, in regard to diagnosis and causation of a disability.
And that, Ladies and Gentlemen, is what will happen to any claim that a Judge looks at when you don’t do your homework. If you don’t provide the evidence to back up your claim don’t expect you representative to do it.
