These are the decisions we love and hate. We love them because its always nice to see the underdog go up against Goliath pro se. We hate it because of the inordinate time wasted pursuing something that can never be attained.
Jose Cavazos has come before Judge Holdaway and asked to be given sc for HCV and cirrhosis. The problem is the rationale for the insinuation. Jose says he went to Germany TDY and got shots. And???? Jose also says he drank his weight in German beer and schnapps and that is why he has cirrhosis of the liver…
This is also why Jose should have had a good attorney. Better yet, the BVA VLJ should have taken some time out, sat down with Jose and explained the concept of willful misconduct and conclusive proof. I’m sure it was discussed somewhere but Jose may have had a few beers while reading over his BVA decision and missed that.
However he has managed to find his way up to the Court and finally run afoul of logic. Vets would do well to research more and blame others less for their problems. He may well have contracted HCV from jetguns, but the proof was absent. As for blaming the cirrhosis on booze? Well, VA took that off the table back in 1990. No way, Jose.