Here’s a decision that bears mentioning. No doubt we’ll see this gentleman sail by again on this one. Mr. James P. Schubring has appealed his recent denial at the BVA. As is their wont, they have stepped all over his toes in their haste to hang him. Of more note is   footnote² at the bottom of page 2. This indicates Mr. Schubring’s burning desire was to adjudicate an §1151 claim against the VA for medication he received for treatment of his HCV.  Wowser. Who would have thunk it? Did anyone bother to read his Brief? The BVA record?  What’s more, the VASEC belatedly happens to notice the necktie party was way too premature on the §1151 gig.

The Secretary concedes that the Board erred when it referred the issue of benefits based on service connection for hearing loss under 38 U.S.C. § 1151 to the RO for initial adjudication.   This issue was raised by Mr. Schubring in November 2008 and the regional office (RO) issued a Supplemental Statement of the Case in July 2010 adjudicating and denying that claim. R. at 57. Mr. Schubring subsequently filed a Notice of Disagreement (NOD) for that decision; however, no Statement of the Case (SOC) was issued pursuant to 38 C.F.R. § 19.30. The issue of entitlement to benefits based on service connection for hearing loss under section 1151 therefore must be remanded to the RO for issuance of an SOC.

What? No SOC? Goodness. Can it be his VARO somehow overlooked the SOC in its pell mell rush to deny? VA never makes childish errors in 2011. How can this be? James will live to see another day in court but he’s not getting any younger. What’s even sadder is that he had documented earjamb in service and VA just jumps right on over that.

Interferon is some really mind-bending stuff. We always thought good LSD was the only thing that could bend the grey matter like that in the 60s. It would seem hearing, vision and other little minor things like your thyroid gland tend to go on the fritz soon after playing in the IFN sandbox. To VA this is just a remarkable coincidence-nothing more. I would have been hard pressed to say I was even aware of this but for the fact that just yesterday on the Facepage Street Journal, another hepper was complaining of how his tinnitus went right off the map after he began the South Beach bug juice diet. I disremember whether he implied he had none prior to his debut on Interferon or whether it ramped up exponentially thereafter. Mine sometimes drowns out conversation temporarily when it peaks. What’s important is to consider adding this one if it applies to your circumstances. I’m already rated for it so it won’t affect me.

Anyway, this is one to keep your eyes peeled for. If we don’t see him again, we’ll know he won. To see Mr. Schubring’s sleight of hand decision, simply click here, then in the search bar (delete the word {QUERY}) enter 12-505. Click on the blue Download in the upper left to view normally.  Notice who is representing him on the last page. Pretty smart cookie. He made his point but if he returns, I’d suggest a little more in the way of hired legal muscle. VASEc is not going to be so forthcoming the second time out.

Here’s Mr. Schubring’s “Informal Brief”. It’s a masterpiece of brevity and captures that Je ne sais quoi we all seek to incorporate to get our Judge’s attention. Here, it can indisputably be proven that he captured  Judge Greenberg’s undivided attention…

Without a doubt, it’s apparent what this drug can wreak on our grey matter. As Mr. Shuebring’s parting comment points out, he has one year to live. Seems that’s in keeping with the current ploy of delay and deny until he is no more.