Here’s one of those remands where the BVA is asking for a little more hemp rope to throw over the limb. Watch closely as VLJ Deborah Singleton carefully steps  around all the different types of hepatitis and  artfully rearranges this into several claims. She is trying to adhere to Clemons v. Shinseki but should have her snout in Groves v. Peake. This doesn’t bode well for Paul Revere’s cousin Peter here. He is going to get a whirlwind reception at the QTC when the claim comes back to B-town.

All you need to know is written at the top of the page under “THE ISSUES”. A careful parsing of all the Examiner’s phrases will tease out that he does not have HAV. No one will test him to determine if he has HAV or HBV. They will say very carefully that he does not qualify for an increase in HAV because that is acute and resolved. There goes claim number one. Then they will say he hasn’t given them the nexus for HCV and, of course that is a distinctly different claim. He will not be granted any leniency on the probability that he contracted HCV at the same time he contracted HAV.

Now the reality is that this was probably HBV back when it happened, but you will notice he did not specify that in the claim. Even through they are required to examine all theories of a claim, they will conveniently disremember this so they can arrive at a nuanced denial on just the narrow grounds in the “issues” section. It will be interesting to watch Paul’s plight as this wends it’s way back up to Vermin Avenue. Tragic, yes, but a good learning experience and a teaching moment. Remember this well . It’s called divide and conquer. Divide the claim up into bite-size pieces and demolish each individual facet until, unsupported, it falls of its own weight.

About asknod

VA claims blogger
This entry was posted in BvA HCV decisions, Veterans Law and tagged , , , , , , , , , , , , , , . Bookmark the permalink.

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