While I have constantly railed at the uselessness of quoting single Judge decisions at the BVA in your appeals, it appears I have been less than forthright. I ran across the decision here this morning and was taken aback. As often as the BVA and the CAVC have denigrated our efforts when illustrating what passes for justice, they now take another tack and use this same logic against the Vet. So what is it? A BVA decision or a SJD (single judge decision) from on high is not precedent or it can illuminate a legal tenet? The VA attempts to have its cake and eat it too.

Of further note is that the Veteran’s belief that his current hepatitis C is related to his service amounts to a conclusory declaration. In a single judge Memorandum Decision issued by the Court, it was noted that “in the absence of any medical evidence, the record must provide some evidence beyond an appellant’s own conclusory statements regarding causation.” Richardson v. Shinseki, No. 08-0357, slip. op. at 4 (Vet. App. May 10, 2010). While the Board recognizes that such single judge decisions carry no precedential weight, they may be relied upon for any persuasiveness or reasoning they contain. See Bethea v. Derwinski, 2 Vet. App. 252 (1992). 

I do not need to tell you how many times I’ve read a BVA decision where the VLjudge says “The decision the Veteran quotes is a non-precedental decision involving another Vet and has no bearing on this decision. Decisions issued by the BVA are unique to each Veteran and can not be applied generally.”

Memorize the language to get this important bye.

Single judge decisions carry no precedential weight but they may be relied upon for any persuasiveness or reasoning they contain.

Now you can take anything and mold it to fit your arguments secure in the knowledge that it will have to be considered. Since it appears that the BVA decisions site is back up and running and you don’t need a degree in computer science to get in, I’ll start putting the links back up again to them.