CAVC–DIBERNARDO V. SHINSEKI–JETGUN INFO


While this is a Single Judge Decision and useless for precedent, look at the encaptured below for your case. The BVA or the VA has finally released the definitive requirements for successful transmission via jetgun. They can’t put this cat back in the bag.

The appellant first contends that the Board clearly erred when it determined that his hepatitis C was not related to service, despite its acknowledgment that transmission of the virus by airgun was a possibility. Appellant’s Brief (Br.) at 8-10; see R. at 10 (“The biological possibility of transmission of the hepatitis C virus by jet airgun injectors has been acknowledged by VA.”). This argument is unavailing. Establishing service connection generally requires medical evidence or, in certain circumstances, lay evidence of (1) a current disability; (2) in-service incurrence or aggravation of a
disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disability. See Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed. Cir. 2009); Jandreau v. Nicholson, 492 F.3d 1372, 1376–77 (Fed. Cir. 2007); Hickson v. West, 12 Vet.App. 247, 253 (1999); Caluza v. Brown, 7 Vet.App. 498, 506 (1995), aff’d per curiam, 78 F.3d 604 (Fed. Cir. 1996) (table); 38 C.F.R. § 3.303 (2011).
As noted by Dr. Stevens and relied upon by the Board in its decision, while airgun
transmission of hepatitis C is “biologically possible,” three things must occur:
First, the face of the air gun would have to have blood on the surface[;]

second, there [would have to be] no attempt to remove blood from the device between patients; and[]

third, . . . at least one recruit immunized before [the appellant] would have to
have had an active hepatitis C infection. R. at 31
  Dr. Stevens estimated the current in-service occurrence of hepatitis C at approximately 10%; he further opined that this rate was likely lower at the time of the appellant’s vaccinations. R at 31-32. Based on this, he concluded that it was less likely than not that the appellant contractedhepatitis C while in service. R. at 33. DiBernardo v. Shinseki 2012)

Keep that in mind if you are filing for HCV via the gun.

 

 

file:///C:/Users/Alex/Downloads/DiBernardoCA_10-3768.pdf

About asknod

VA claims blogger
This entry was posted in CAvC HCV Ruling, Nexus Information, Tips and Tricks, Veterans Law and tagged , , , , , , , , , , , , , , . Bookmark the permalink.

7 Responses to CAVC–DIBERNARDO V. SHINSEKI–JETGUN INFO

  1. Kiedove says:

    1976-40 million Americans get swine flu shots–with jet injectors!
    See photo here:
    http://www.usatoday.com/news/health/2009-05-05-swine-flu-1976_N.htm

  2. Loyal Blair says:

    I dispute the logic here:

    “Dr. Stevens estimated the current in-service occurrence of hepatitis C at approximately 10%”;

    Since this Veteran has a current diagnosis of Hep C, he falls within that 10% group, and is NOT part of the group of 90% of Veteran’s who DID NOT get hep C.

    The 10% number does not mean that it is “less likely than not” he got Hep C from service. He is already in the 10% who DID GET hep C, and this eliminates the Veterans, statistically, who do not have hep C.
    . About 36,000 people per year get hep C, according to this article:
    http://www.idph.state.il.us/public/hb/hbhepc.htm
    This suggests that most of them come from military, because 10% of 28 million Vets would be 2.8 million Vets infected with hep C.

  3. Miguel Figueroa says:

    In may case I stated that my hep-c could be due to or: air guns or by gonnoreha contracted there. They denied my claim.

    • asknod says:

      As long as you had the clap documented in your records you will win. It will require the nexus to win. If you do not have one from a doctor locally yet, I can email Dr. Cecil’s email to you for one.

      • Kiedove says:

        Are you saying that having sex in Asia that resulted in a documented STD
        will help HCV veterans win their claims? Isn’t this considered misconduct?
        ____________________
        Hmmm. Is Dr. Stevens an expert on the evolution of HCV and its genotypes? Has he published on this subject (the incidence of HCV in the 1960s) in peer-reviewed publications? Somehow I doubt it. I’ll poke around Google Scholar and Pub Med a bit to see if he has. Meanwhile, I’m thinking his image would make a good dart board target because he’s a faker and his irresponsible opinions have hurt an innocent veteran.

        Update: My Pubmed search found 33 articles with Dennis L Stevens as an author.
        NONE of them are about HCV. He is clearly not an expert of the evolution of HCV.

        http://www.ncbi.nlm.nih.gov/pubmed/
        His name displays D L Stevens. I used the display settings: Format-abstract; 50 per page, recently added.

        His research is on streptococcus, gangrene and other infections.

      • asknod says:

        Having sex anywhere in the military (SEA or Europe) that resulted in an STD is considered in the line of duty. The contraction of an STD in service is considered a legitimate risk factor for HCV. As I said, a nexus letter is required or VA will find a reason to deny on something else. Never give them another avenue to deny. Sew it up.

      • Miguel Figueroa says:

        That would be helpful, Thx nod

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