Hey folks. Here’s some good news on HCV decisions. The fifth one down I read was a frank admission that jetguns were the primary cause of the Vet’s HCV. Well, at least it started out that way until a DRO blew coffee through his nose when he read the VA Examiner’s write up.
Here’s the link to the site.
The Veteran was afforded another VA examination in January 2013. The examiner concluded that it was at least as likely as not that any diagnosed hepatitis C was related to the Veteran’s period of active service. The examiner explained that the inoculations that he received as part of his service, as well as the lacerations to his scalp and left index finger, were all risk factors for the transmission of hepatitis C.
Then the backtracking and ‘well, not exactly’ began.
In a March 2013 addendum opinion, the examiner further concluded that he was unable to provide an opinion without resorting to mere speculation. The examiner explained that the self-reported post-service intravenous drug use in the 1990s, inoculations in service, as well as the lacerations to the Veteran’s scalp and fingers, were all equally likely possible modes of transmission of the hepatitis C virus.
The VA Examiner might have had his or her employment terminated over that one or was put on detention after work until s/he wrote a disclaimer…
The Veteran was afforded another VA examination in March 2014. The examiner concluded that the Veteran had a history of intravenous drug use in the 1990s, which was the most important risk factor for hepatitis C. The examiner also concluded that it was less likely as not that the inoculations and lacerations to the Veteran’s scalp and left index finger while in service contributed to his hepatitis C. The examiner explained that the preponderance of currently established scientific and medical evidence did not support any relation between inoculations with an air gun and lacerations, with the development of hepatitis C.
What this also means is the RO sat on it for a year from the positive nexus for the jetguns (in March 2013) all the way to the negative nexus exactly a year later in March 2014. Sounds to me like they were trying to find someone who would take thirty pieces of silver. Nevertheless VLJ Deborah Singleton came to the right conclusion. Yeppers. The good, old Benefit of the Doubt. Go figure. Honesty at the BVA. What’s the world coming to?