Monthly Archives: September 2011

BVA–Wait! I’m SC 4 hep

Posted on September 26, 2011 by asknod

Imagine you filed a claim in 84 for Hep and they granted it. Non specific, good old generic Hep. Not A or B specifically. Certainly not C. Fast forward to 2002. A new test and a new diagnosis of HCV. … Continue reading →

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BVA–The IQ of VA Examiners

Posted on September 26, 2011 by asknod

The IQ of VA examiners (or lack thereof) is legend. A recent Congressional hearing revealed that 34% of them have college degrees. So why is it that so many decisions are won on Appeal? These gentlemen are ostensibly well educated … Continue reading →

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BVA–3.156(c) for EED

Posted on September 26, 2011 by asknod

From that Religiously Challenged city in Texas where they burn down churches (Waco) comes this quintessential case. Vet applies for chronic Hep. B in 2002. Vet gets the bum’s rush.Vet fails to file NOD and appeal. Vet applies for Tinnitus in 2005. … Continue reading →

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BVA–3.156(c) Strikes Again

Posted on September 26, 2011 by asknod

   I just love it when VA finds itself under assault after a CAVC ruling shines light on a little known pearl sitting amongst a bed of Oysters. Vigil v. Peake (2008) was one. It illuminated a rarely cited regulation … Continue reading →

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BVA- Hemorrhoids= HCV

Posted on September 26, 2011 by asknod

     Yes, gentle reader, you read that right. HCV from surgery to correct hemorrhoids. Only in America. A win is a win no matter how ugly. Besides, the header is a bit of an eye grabber. http://www.va.gov/vetapp11/Files1/1107393.txt

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BVA — Gastrodoc vs. ARNP

Posted on September 26, 2011 by asknod

Just when you think you have all the answers and the best or safest way to tackle a hep. claim, along comes a BVA decision that makes you sit up and take notice. Granted this has no precedence and cannot be … Continue reading →

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BVA– Horse Trading At The BVA Corral.

Posted on September 26, 2011 by asknod

We see this ploy more and more now as resources become more dear. Someone higher up has finally started paying attention to funding and realizes the VA is getting ready to get slammed with a lot of claims that the … Continue reading →

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BVA–New JetGun Win W/ 2 Nexi.

Posted on September 26, 2011 by asknod

Here is a Lady Vet with her act together. She came armed and dangerous to this shindig. It had to go to the BVA to be won, but we expect that nowadays. The VLJ used some cutting edge logic to … Continue reading →

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BVA–No Nexus=Dreambucks

Posted on September 26, 2011 by asknod

I had to search for a perfect example of this to illustrate the folly of filing a claim without a nexus. This Veteran could have, and most assuredly should have, won this claim. We won’t go into why his Service … Continue reading →

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BVA–NGU = Service Connection

Posted on September 26, 2011 by asknod

Something that needs to be expressed more frequently is that sexual promiscuity in service was not willful misconduct when we were in. I assume that is still the case but I don’t keep up on that kind of thing. It … Continue reading →

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