We at asknod always have our ears peeled for anything useful coming out of the BVA decisions on Hepatitis C. In their haste to rush more decisions through with the ever-increasing numbers of appeals, the Board is shoveling these claims out the door at record speed. The encouraging news is many are winning…finally.
I try to find as many Hepatitis decisions as possible for the same age-old reason. BVA decisions were my sole source of education about legal proceedings, evidentiary requirements and techniques to win when I began. Furthermore, they continue to evolve and metamorphose in their denial logic.
The well has not run dry on the number of applicants. Certainly, the numbers of appellants has begun to decrease as we’re dying off more rapidly. Nevertheless, the number of true jetgun wins is astounding. Gone are the days of the BVA Veterans Law Judge (VLJ) blindly reciting a boilerplate denial concocted to fit every case.
I like to subscribe to the faery tale that Theresa’s Hadit.com® and asknod jointly are responsible for educating Veterans in the claims process. It certainly is a novel theorem but one that is supported by fact. More Vets nowadays know they need the Caluza/Shedden/ Hickson elements to win that in the whole of the 20th century. The only ones losing with regularity are those represented by VSOs. That is indisputable and easily proven by looking at how many repped by, say, DAV lose and the VLJ’s reasoning is because they arrived without a valid nexus.
Here’s another one that clearly reflects the last man standing technique. Johnny Vet hired a lawyer and presented two nexi on appeal. VA demurred and said it was too speculative to venture how he got it. The important facet in not the attorney’s presence but the act of submitting to the VLJ after the appeal is certified. VARO weenies will never approve these jetgun claims so it’s smarter to submit the dynamite to the BVA.
A big round of applause is due Matthew D. Hill for a solid offense and a great win.
On the other hand, we are still seeing far to many of these:
FINDING OF FACT The Veteran currently has hepatitis C, but there is no nexus between it and his service to include a hepatitis C risk factor therein.
Six years of patiently waiting for the big day and your “free” legal help arrives with no ammo. If this were an anomaly, everyone concerned would be outraged. Sadly, it happens about 75 times a day at 810 Vermin Ave. NW. That, my friends, is why we at asknod advocate you use a NOVA attorney if you are not well grounded in VA law. I’m the poster child for that stupidity. It took me almost 20 years and several trips to the Court of Appeals For Veterans Claims (CAVC) to realize VA is not going to cave in- even when they know they’re holding a losing hand.