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.