From the Hallowed Entry Point into Heaven at the VA’s St. Petersburg Gate…
Much has been recently discussed about how many jetgun Hepatitis C claims have been won at the BVA where we can see a win-be it on appeal or at the Agency of Original Jurisdiction (your local RO). To my knowledge, I have only unearthed about ten really valid ones that cite solely the jetgun and no other possibilities. Here is another.
Please realize we now have a much more responsible Veterans Law Judiciary willing to entertain credible testimony regarding this. My thanks goes out to Veterans Law Judge (VLJ) and far thinker Kathleen K. Gallagher for her openmindedness. Like many, Johnny Vet in this case is tarred and feathered like most with some unsubstantiated mention of drug abuse. I see far to many of these. Some have “Imperial entanglements” they will never be able to extricate themselves from. Others, for lack of any credible evidence against them, find a nebulous offhand remark about drug abuse discreetly inserted which can go undiscovered for years until you obtain your Vista records from the VHA.
Guard your records to prevent this creepage of drug innuendo into the medrecs. Contest it immediately upon discovering it.
This is a true jetgun claim that has no extra risk factors. Remember, they are rare and usless for anything more than the proposition that VA grants based on jetguns. Unless your circumstances are identicla to the person in question in every respect, the similarity is nothing more than remarkable. However, they are valuable for the insight as to how any given VLJ might address this based on the facts.
P.S. And from the Mile-high, get high city of Denver, the second case of service connection for Hepatitis C due to the geographical location of the unique gneotype. Yes sir. This is how I got my grant from VA-based on the genotype 3A unique to Southeast asia. Amazing to see someone eight years later follow in my footsteps.
P.P.S. Here’s another quasi-jetgun decision that is virtually based on it
And this one
Oh, yes, I was labeled a drug addict and in treatment for drug abuse by the VA. I did fight that and now the VA just says I am drug dependent but not an addict. They describe me as being drug tolerant but not an addict. What got me was when they wanted my private insurance to pay for drug addiction treatment. I asked them “What treatment and what addiction?” My VA does not even have drug treatment except to tough it out with some muscle relaxants. I don’t have Hep. C but I saw lots of blood from jetguns when I got shots for Vietnam in basic. We got so many shots and it ended in such a bloody mess I can remember the bloody tee shirts and guys with horrible infections from the shots.
Guess I was 1 of the lucky 10 …