The Noodle Dude’s BVA Hearing– 4/5/2011

I had a Board hearing on my claim for an earlier effective date of 1994 today. Some of you may be aware that I filed my original claim for hep. and PCT 17 years ago. I was denied for a number of reasons. Part of the problem was I was in a remote/isolated tour with no military medical facilities. All my medrecs for 19 months were left in a little town hospital at the ass end of nowhere in Thailand. Naturally the Air Force never retrieved them and associated them with my service medrecs. The Air Farce also never included my TDY records to Vietnam in my milrecs so no proof of boots on ground in RVN. Not to worry- I kept a copy.The VA denied based on no record of hep in service. I called back there (they’re 12 hours out of phase with the Left Coast) and they sent my records. Okay so far. I sent them in with my NOD. I got a SOC back a month later in January, 1995 that said: “Roger on the new and material records. Got ’em. Will review and let you know our decision ASAP”.

And there in Limbo, gentle reader, is where the claim sat for 13 years. I thought it was denied and dead. The jerk representing me at AMVETS had a midlife crisis and decided to leave, get his nipples pierced and become a used car salesman. When I refiled in 07 and won, they gave me that as my effective date. I scratched my head and looked at the 94 thing and decided the proper date really was back then. Today I made my case to the VLJ. He isn’t allowed to opine until they send a decision to the steno pool, but after reviewing all the info, he agrees in principle with me. My son was 6 when I filed. He’s 23 now and going into law school this fall. I certainly hope he plans to include some pro bono work for Vets when he graduates.

Interestingly, the VLJ ( Mark Hindin) who heard my case worked at the BVA as a lowly associate counsel from 1992 until he became a Judge in 97. He is well suited to hear this as he has seen the VA metamorphose from a backwater claims system to what it is today. Now I begin the ? month wait. That won’t be nearly as mind numbing as 17 years, though. This may have a happy ending or… you will see my name in lights up on Indiana Ave. NW. My real name isn’t NOD just in case you guys were wondering. It’s Buckwheat.

Attached Images: