BVA–WHEN THE BOARD HAS TO “RIZZO” THE SPECIALIST


FROM THE DAVID KORESH MEMORIAL

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VARO IN WACO, TEXAS

We discussed the seminal Rizzo finding several days ago. Here’s a classic example of why. VA once again, after a five year remand, tries to sub a gynecologist for a hepatitis expert but got caught by the newbie Acting Veterans Law Judge who is very studious and upright on procedure. 

As such, in April 2009, the Veteran underwent a VA examination to determine the etiology of his hepatitis C. The VA examination was performed by a physician’s assistant. In the examination report, the physician’s assistant stated that the case was discussed with the gastroenterology staff of the Dallas, Texas VA Medical Center and the University Texas Southwestern Medical Center specializing in hepatitis. Although the RO scheduled the Veteran for a VA examination and obtained a nexus opinion, it failed to schedule the Veteran for a VA examination with a “specialist in hepatitis C,” as requested in the December 2008 Board remand.

What part of “schedule the Vet for an exam with a specialist in HCV” is confusing?.And say, look at that. They capitalized the V in Veteran. It’s about time. We don’t get no respect.

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About asknod

VA claims blogger
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