FROM FORT FUMBLE

 IN RENO

The last laugh has to be on Mr. Cronk and Dr. Snood. This is what happens when you set your febrile mind free to extrapolate all the myriad ways you can use pot and hash. Of course, IVDU immediately comes to mind and thus is born a drug addict from an occasional toker. Here, it backfired as the Vet is a credible witness and didn’t prevaricate. His story never waivered one bit and VA was forced to admit-through lack of evidence- that this ever happened. VA’s “fig newton” offense is  thus unmasked and the Vet wins.

The Veteran is competent to report his drug history.  
Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007).  
Moreover, the Veteran is credible in his reports. The
record reflects no clear first person statement that
he used IV drugs.  Where that allegation is made, it 
is done second hand, where another party has interpreted 
either a statement or a record.  The Veteran has offered
a reasonable explanation of the confusion, and the fact
that only one doctor has specified use of IV drugs raises
serious doubts as to the accuracy of the allegation. 
While the Veteran has used drugs in the past, such is 
limited to the smoking of marijuana and hash; there is no
credible and competent evidence of intravenous or 
intranasal (or any other) use of other drugs such as 
cocaine or heroin.

A good win just wouldn’t be complete without our erstwhile Doctor friend:

Dr. B. Cecil, associated with a hepatitis C treatment 
center, reviewed the Veteran's service records and current 
treatment records, and opined that the currently diagnosed
 hepatitis C and associated liver damage was related to 
service.  He noted that the Veteran had "no history of 
drug abuse or transfusion," and felt that the extent of 
current liver disease was "very suggestive" of a 1979 
infection.  Dr. Cecil also noted additional risk factors, 
including air gun injections, shared razors, and blood 
exposure during football games.

http://www.va.gov/vetapp11/Files4/1132255.txt

E.I. Dupont Nemours- when you care enough to serve the very best.