Monthly Archives: September 2011

BVA–7 year wait for Justice

Posted on September 26, 2011 by asknod

It might be said that justice is getting harder to find at the VA. We disagree. It simply is becoming a time alligator. Having to wait 7 years for a decision before the BVA is virtually unconscionable. The Vet did … Continue reading →

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BVA-Interferon denial

Posted on September 26, 2011 by asknod

God, this is disgusting. Well, actually its not. It’s par for the course for the VA to treat Vets this way so I can’t be surprised by it. From the Muskogee (we don’t smoke marywanna) Oklahoma RO  we are treated … Continue reading →

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BVA– Keep your story the same

Posted on September 26, 2011 by asknod

Here is a classic example of a Vet ( a real short timer, mind you) who couldn’t follow his own script. First, his claim was multiple sex partners unprotected during his time in service ( February to September 1970). Then it metamorphosed … Continue reading →

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BVA–CUE- What is it?

Posted on September 26, 2011 by asknod

The decision below contains an example of CUE (Clear and Unmistakable Error)- one of very few you will ever see. CUE effectively nullifies a prior decision by either the RO or the BVA. The BVA is the arbiter of this. It … Continue reading →

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BVA– Keeping the foot out of the mouth

Posted on September 26, 2011 by asknod

This case is an example of the typical male diagnosing himself as being in relatively good health at the expense of his claim. I suspect that the gentleman was in worse shape than he admitted to. I know I made … Continue reading →

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BVA–Interferon Rating denial

Posted on September 26, 2011 by asknod

If this isn’t enough to raise the hair on the back of your neck about Interferon Tx and VA’s refusal to accept responsibility, nothing will. http://www.va.gov/vetapp09/Files5/0944772.txt

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BVA–HCC related to Agent Orange

Posted on September 26, 2011 by asknod

Every once in a while the BVA gets it right.While Vets cannot use these decisions for precedence, they are valuable road maps for deciding the best way to present a claim. This decision by a VLJ is an example of … Continue reading →

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BVA–Putting the Cart before the Horse

Posted on September 26, 2011 by asknod

From the sunny southern RO in Florida: Amazing. The Vet is wondering why he doesn’t feel well and he files for liver damage. So the VA rates him for Hep, secondary to the PCT. This reflects the a$$backwards approach to VA rulings. … Continue reading →

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BVA-Autoimmune Hepatitis and Agent Orange

Posted on September 26, 2011 by asknod

Here is an interesting case where a Vietnam Vet comes down with a raging case of Autoimmune Hep (AIH). As usual, the VLJ stares up at the ceiling and says “Hear no evil, see no evil, and therefore its not … Continue reading →

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BVA- The Small Print in 38 CFR 3.301

Posted on September 26, 2011 by asknod

God, I love these decisions. The VARO in New Orleans was in such a hurry to shoot this Vet down that they stepped on their necktie and did a face plant. The BVA was so disgusted that they took the … Continue reading →

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