FROM THE HONORABLE
DAVID P. KORESH VARO
IN WHACKO, TEXAS
We saw this last year. Looks like they mimeographed the playbook and the decision was lifted verbatim. The Veterans Law Judge is running this down a cow chute with the HBV brand on it. There can be no talk of the horrible HCV symptoms the Veteran is suffering because they are not service connected. All the VLJ wants or needs to know is that the HBV that he had in service was acute and has now resolved. He no longer suffers from HBV and is now rated 0% for it because he does not have any compensable symptoms of HBV. He has previously been denied for HCV so we’re not talking inextricably intertwined. These are two entirely different viruses and two completely different etiologies.
Switching from Vietnam Veterans of America to the Disabled American Vets is not going to make a difference either. This claim is up on blocks and they’ve removed the axles. At any rate, this guy is toast. It’s called “push him off balance”. They split the difference. He had hep in service so we call that HBV and give him 0% for it. He had willful misconduct in service doing drugs so we don’t have to pay him for that flavor (HCV). Win-win. No CUE. I get a bonus and Last one to Willy’s Bar has to buy a round.


–p. 4 “The Board notes that there has been no allegation that either VA examination was inadequate.” Interesting. So the judge thinks this vet IS medically competent to determine that the examination was or was not adequate –and would have complained if it didn’t meet his medically informed decision regarding that physical?
–They lost his claim file and he had to rebuild one from scratch. Bad.
–hypertension and AO. I would like information on the connection between these two factors. .