BVA–COMBAT ENHANCEMENT UNDER 1154(b)?


635646931319099161-veterans-administration-logoSomebody contact the DAV in New York, New York pronto. This combat Vet got screwed and he has about a month or more to saddle up for the NOA at the CAVC . In this day and age, one would think VSOs have accumulated some knowledge on what is located in 38 CFR and 38 USC. Sadly, that isn’t the case here.

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp15/Files1/1505964.txt

 

 

Everyone in the legal arena is acquainted with the legal concept that anything that falls from your lips regarding your combat experiences is golden truth-untarnished by your financial desire for backsheesh. Our 11 Bravo Vet cum Medic in a pinch is denied all of this- notwithstanding a GSW in the thigh. What does it take to get traction at the VA? Granted, he may have sampled Peru’s finest, but the investigation cannot stop there. It doesn’t eviscerate his combat enhancement under 38 USC § 1154(b). It merely adds another risk factor to the equation.

Having been in combat, I’m fairly familiar with the concept of blood everywhere-some mine and often some of others. To deny this Son of War his due on only one facet and ignore the truly salient risk requires ignoring his valor and that Purple Nurple hanging somewhere in his house.

Regarding the Veteran’s assertions that he was exposed to others’ blood while working as a medic, the examiner noted that there is no evidence that the Veteran reported open wounds while treating other veterans, nor is there evidence that the Veteran presented with any symptoms of Hepatitis C (specifically jaundice) prior to his discharge in 1969. The examiner also noted that the Veteran reported abusing cocaine and that hepatitis C can be transmitted through the nose of cocaine users. The Board finds the November 2011 examination to be highly probative as it reflects consideration of all relevant facts.

I guess a GSW in the leg isn’t categorically an “open wound” as VA views it. We have Acting Veterans Law Judge S. Heneks for his probative analysis  and consideration of all the facts in the case. Welcome to VA justice folks.

 

About asknod

VA claims blogger
This entry was posted in 1154(b) combat presumptions, BvA HCV decisions, HCV Risks (documented), Veterans Law, Vietnam War history and tagged , , , , , , , , , , , , , , , , , , , . Bookmark the permalink.

7 Responses to BVA–COMBAT ENHANCEMENT UNDER 1154(b)?

  1. Kiedove says:

    Bad, bad, bad. I have searched high and low for evidence that HCV has been transmitted by snorting coke and can’t find it. So where are they getting their proof of this concept?

    • asknod says:

      I like the analogy that “The Veteran claims he got HCV from numerous cuts and scrapes on his arms and legs but nowhere in his STRs is there evidence that he suffered this in service”. So where’s the conjoinder ” There is also no evidence he suffered from nasal lacerations in his STRs that would be a risk factor for the contraction of the HCV.”

    • SPrice says:

      There are a couple of studies done on glass pipes that showed there was blood on them.

  2. hepper74 says:

    nor is there evidence that the Veteran presented with any symptoms of Hepatitis C (specifically jaundice) prior to his discharge in 1969.

    And just what in the hell was he supposed to report? Check the facts you morons, this tired excuse is beyond reprehensible! You cannot report what no one knows exist. This makes my blood boil.

    • asknod says:

      And nowhere in his 1960s STRS did the Veteran report that his future wife, whom he met in 2006, had HCV and was a definite risk factor 40 years later. Denied.

  3. SPrice says:

    “the examiner noted that there is no evidence that the Veteran reported open wounds while treating other veterans,” If he had no wounds, then that means he couldn’t catch hep C from doing coke either…ha!

    You don’t always get jaundice from Hep C. Plus they gave him gammaglobulin and as we know it makes hep C anicteric. I would hit them with all the proof.

  4. Clear Left says:

    This just makes me sick to the point of vomiting. Grunt’s 1st mistake was to use a VSO instead of LawDog. Granted there are some good VSO’s and I counted all of them on my left hand (minus thumb).

    “…besides the Veteran’s own statements, that he served as a medic during service. His service personnel records reflect that he served as a rifleman, and there is no indication that he received medical training…”. Not sure about the other services but every soldier received medical training in Basic Training and AIT. Got to be able to put on your own field dressing or for your foxhole buddy in the event Jit hits the fan and ‘Doc’ is really busy, or had to call in a DUSTOFF for himself. Doesn’t makes sense to ‘bleed out’ just ’cause you didn’t take the course at Fort Sam. And just because I was one of those schooled trained medico’s…. All the folks I humped with thought I was a damn good shot, knew how to set up/spring an ambush, could read a map, lay out fields of fire, navigate, EE, and all that other 11B GRUNT stuff. But I wasn’t a grunt.
    Apparently not one single examiner or VSO ever remembers the good ole days out in the woods as a cub scout, boy scout, or girl scout hittin the woods for a camping trip. Everyone without exception went home to momma with cuts and scratches just from being out in nature.

    “the examiner noted that there is no evidence that the Veteran reported open wounds while treating other veterans” – cuts, scratches, leeches, jungle rot, and many times lots more serious stuff went unreported by grunts whose main thought was staying alive and keeping their brethern in an upright fashion – 2 guns are alsways better than 1. however a lot of REMF’s made sure to get to sick call for that little ouchie. John Kerry springs to mind here as well. Maybe the HEP wasn’t a result of a transfusion, but you can bet your ass 11Grunts in the field were exposed to lots of others blood.

    Sons of Dogs

    Pukin again.

    Clear left

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