This is a proof-positive illustration why you and I, and indeed, everyone who enters this convoluted system is condemned to purgatory for years until someone tasked with making the decision actually cracks the books and reads the c-file. It borders on malfeasance. It also make one wonder why the VFW was AWOL on this.
In its July 2011 remand, Board directed that the Veteran be afforded a VA examination, which was subsequently conducted in September 2011. The VA examiner opined that it is less likely than not that hepatitis C was incurred in or caused by in-service injury, event, or illness. The rationale was that a blood transfusion in 1976 (prior to service) was the Veteran’s only risk factor for hepatitis C.
In response to the Board’s remand directive to consider the Veteran’s in-service history of circumcision, vasectomy, and cyst excision, the VA examiner noted that the Veteran does not have any history of circumcision, vasectomy, or cyst excision. Service treatment records clearly show that the Veteran had a circumcision in November 1984; a cyst removed in 1989; and a vasectomy in 1999. As the September 2011 medical opinion is predicated on a grossly inaccurate medical history, the claim must be remanded.
And just to keep them on the reservation, the VLJ suggests:
The examiner must accept as fact that, after service the Veteran did not undergo any surgeries, did not have promiscuous sex, did not drink a lot, and did not get any tattoos.
And we wonder why it takes a lifetime to win these things.