We spotted this recently in this decision and our collective hair stood on end. Consorting with ladies of the night has always been considered bad form, but never classified as willful misconduct. We hope this isn’t a harbinger of something changing for the worse as far as Hep. risks go.
We remember fondly the days of our youth. Mamasan’s House of credit always took one of our dog tags as security for credit extended.We redeemed them at the end of the month- or else. The “or else” was a visit to our Lieutenant with a polite request for remuneration. Somehow, it didn’t seem sinful at the time. Commerce was commerce then in that theater.
Patronizing prostitutes could under some circumstances constitute known prohibited actions, and hence misconduct in some circumstances. In this case, however, there is no indication that the Veteran knew or should have known that such activity was prohibited. Indeed there is some evidence that such activity was tolerated, if not encouraged during the Vietnam War. See, Arlene E. Bergman, WOMEN of VIETNAM (Peoples Press 1975); Susan Brownmiller, AGAINST OUR WILL, MEN WOMEN AND RAPE, 86 (Fawcett 1975). The evidence is in at least equipoise on the question of whether the Veteran’s activities with prostitutes constituted willful misconduct. The evidence is also in equipoise as to whether he developed hepatitis C as the result of that activity, and whether the hepatitis C lead to the fatal hepatic cancer.
What’s next? Sharing of a razor being deemed to be willful misconduct? We pray the VLJ is simply uninformed on what constitutes willful misconduct.
asknod
Bethanie Spangenberg
kcraveiro
robinhoodesqvetsatty
Wesley McCauley
Veterans Claims Help 