BVA– Process of Elimination

Here’s a recent decision that involves a novel approach. I’m sure the Veteran thought he was much better educated than his SO and therefore this approach was a winner. I would have loved to have been a fly on the wall at the AmLeg bar to hear his rationale.

“See. Bob. This is how it’ll play out. I’m not filling out the RFQ sheet. No way. That’s for chumps. No, the way to win this is to tell ’em that I didn’t  do any of that crap and to get off their asses and look in my file. The jet guns are the problem and when they realize that, it’s Corvette time, baby. I’ve already got a blue one picked out and they’re holding it for me.”

Process of elimination has never worked in scientific or legal settings. Real proof is the answer and that is accomplished with real evidence. Read on…


The Veteran essentially is trying to etiologically link his 
Hepatitis C infection to his military service by process of 
elimination, rather than by also having evidence affirmatively 
establishing this claimed correlation.  The Board is mindful of 
the argument he has presented, including in his statements 
submitted in support of his claim, specifically his VA Form 9 
denying any exposure to the above-mentioned risk factors, as to 
why his hepatitis C is related to his military service, if for no 
other reason, by logical deduction.  But he in effect is trying 
to legitimize this alleged correlation by merely theorizing there 
is no other possible cause, without instead offering any 
supporting evidence positively establishing this required 

About asknod

VA claims blogger
This entry was posted in BvA HCV decisions, Frivolous Filings and tagged , , . Bookmark the permalink.

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