I’m always searching for things to help Vets win their hep. claims. One can search in newer decisions and extract useful info. He can also go to the beginning and search Genesis as well. This was where I started in 2007 when I was so sick I couldn’t work. My wife turned on the computer and turned me loose. After finding the BVA site for researching decisions, I started at the beginning and read every one to the current year (2007). They became a blur and I focused mostly on the ones that won for guidance. I saw a pattern in the losing ones (willful misconduct or HAV acute infections) but the rationale for winners was varied back in the beginning. Anyone with HBV could and often did get a win. Transfusions (with proof) were a given.

The decision below intrigued me at the time as jetguns were becoming the go-to risk factor. This one is slightly different but the gentleman was on the right track. He unfortunately didn’t broaden his search. He was in the service a whopping 30 long years which gave him ample opportunity to pick up the beast from STDs, tattoos, etc. The jet guns were in full swing when he was discharged. In retrospect, he had a great case that he didn’t exploit to its fullest potential. We’re all Monday morning quarterbacks on these things, but I hope he went back and tried again. His hypothesis was so close to the mark as to be uncanny, but the accused culprit was blameless according to the BVA.

I think I might rightfully say this was the progenitor of the modern jetgun claim absent the words in haec verba. It’s too bad he didn’t have better information to present.  Serving in the military for 30 years without coming down with Hep. would be the miracle in my book.

http://www.va.gov/vetapp92/files1/9204584.txt