BVA–HCV & PRESUMPTION OF REGULARITY


Sweet. Here’s a new avenue of attack I never considered. Gulf War Vet enlists in 2007 and departs 2009. Accepted for service as good to go. Dx’d w/ HCV while in and vA comes up with the grand conclusion it’s from one or more of his three sex partners. This being the same outfit that regularly says its virtually impossible for this to happen (unless you’re out for 10 years). Mark this one down for Technique. Those guys at the Texas Vets Commision are hot. I have seen a lot of success coming out of that outfit. Seems they don’t sleep with the enemy.

About asknod

VA claims blogger
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1 Response to BVA–HCV & PRESUMPTION OF REGULARITY

  1. I dont view this as a win for the Vet. Yes, hep C was awarded, but the Board “punted” and should have had a “delay of game” penalty flag thrown. The doc had opined that the depression was related to hep c, and, once hep c was service connected by the board, it would appear to me to give the Vet evidence for depression secondary to hep c. That is, the vet sought both hep c secondary depression, and, along with the Boards decision to grant hep c, I cant see a barrier to granting depression, when the evidence was already there. The medical opinion that was “lacking”, that is, the hep c service connection, was remedied by the Board decision which now renders this nexus to be valid…I dont see the need for a remand, ring around the rosie hamster wheel, which is precisely what the Board wants. It is not a stretch to fill in those blanks. Its a classic example of excessive remands, where the Board would appear to be deliberately clogging up its already clogged up system. Its like shoveling gravel down an already clogged drain. Its proof to me the current administration has no intention of reducing the backlog, but intends instead to exacerbate the backlog, probably due to money reasons.

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