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. Claim denied. Vet fails to appeal. In 2007, The DAV represented him with more success. He obtained his medical records from the NPRC in St. Louis and submitted some showing hep. in service. Since these are new and material evidence, the RO had to reopen his claim. Now, the interesting part is that these are no run of the mill medical records. These are contemporary “Official Service Department” records. As such, they permit the 2002 decision to be vacated as if it were CUE. This lucky Vet may win his hep. claim with effective date of the original 2002 date. Stinky, dude. Nine years of back pay if he wins and gets a Fenderson rating. We certainly hope he wins this one.