BVA–2nd QUARTER DECISIONS ARE OUT


downloadHey 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.

downloadWhat 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?

About asknod

VA claims blogger
This entry was posted in BvA HCV decisions, HCV Risks (documented), Jetgun BvA Decisions, Jetgun Claims evidence and tagged , , , , , , , , , , , , , , , , , , . Bookmark the permalink.

2 Responses to BVA–2nd QUARTER DECISIONS ARE OUT

  1. Kiedove says:

    First of all, Deborah, you are the woman of the year in my book. And all the HCV veterans who go the next step, to the BVA. Some of these judges must be getting sick and tired of miserable arguments made by the VA. And so yes, this is a case to celebrate and be grateful for.

  2. steve says:

    It is va fact that the CP examiners communicate telephonically with the REGIONAL OFFICE RSVRs..I can just hear the conversation in my mind over this case.
    Doctor DO (do as we tell you).. we need a second opinion,, well more of a correction of sorts. We sent a veteran to a different examiner who totally screwed up the exam, you know one of those people who blelieve those innocullation guns caused hepc ., with a loud SIGH.,, Can you make sure and say it was the mainline coke injections this mooch was doing that caused it? thanks, and tell SHERYL I said Hi. see yall at the xmas party.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s