Category Archives: BvA HCV decisions

BVA–38 CFR § 3.156(c) for EED

Posted on October 1, 2011 by asknod

     From that Religiously Challenged city in Texas where they burn down churches  (Waco) comes this quintessential case. Vet applies for chronic Hep. B in 2002. Vet gets the bum’s rush.Vet fails to file NOD and appeal. Vet applies for … Continue reading →

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BVA–DYING BEFORE YOUR CLAIM IS DONE

Posted on October 1, 2011 by asknod

  We are attaching a series of decisions that deal with the “What if” of passing before one’s claim is accomplished. This situation leaves the battle for DIC in the widow’s lap. The first decision here is what we call … Continue reading →

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BVA- Oops! He died.

Posted on October 1, 2011 by asknod

This is an example, in our minds, of what the VA wishes it could do with all our claims. We know there are a few caring souls in the system and they work hard to see justice done. Unfortunately, justice … Continue reading →

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New Address- Military Medical Records

Posted on September 30, 2011 by asknod

hcvet Moderator Registered: 11/22/08 Posts: 48  09/27/11 #1 Hi folks, Please direct new members that need medrecs to include this address National Personnel Records Center 1 Archives Drive St Louis, MO 63138-1002 … USA For Pre2001 veterans should send a request … Continue reading →

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Eating Feces Ruled Not A Risk Factor

Posted on September 30, 2011 by asknod

File this one in the Boldly Going Nowhere File: We came across this one and felt the burning need to share it with our members. In the March 2010 VA examination report, the Veteran claimed that he contracted hepatitis C during service … Continue reading →

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BVA–Bad Company–And I won’t deny it

Posted on September 30, 2011 by asknod

  Better not pout. Better not lie. Better tell the truth ’cause I’m tellin’ you why… I did not know Veterans could be such inherently bad, disreputable, untrustworthy persons until I started reading VA claims. Additionally, the Veteran is not only … Continue reading →

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CAVC–Merczel v. Shinseki- Sorting out the Hickson Elements(SJD)

Posted on September 27, 2011 by asknod

Sweet. That’s what this decision is. It tunes in the ICU2TV and let’s us look at another example of what justice is, and isn’t, supposed to be about.  Although the decision is by a single judge and not an en banc precedent- setting … Continue reading →

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BVA- Increased Rating Claim

Posted on September 26, 2011 by asknod

Here is a classic example of what happens when the gun goes off half-cocked. Nothing happens. In this case, the claim dies on the operating table for lack of merit. Had this Veteran read the Diagnostic Code in Part 4.114 … Continue reading →

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BVA–What’s in the water in Oakland, Calif.?

Posted on September 26, 2011 by asknod

Is there no end to the lengths VA examiners will go in order to deny a Vet’s claim? We here at AskNod have seen more denials than we care to admit, but some jump out at you and scream “Can … Continue reading →

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BVA- Wrong address? Not final.

Posted on September 26, 2011 by asknod

Veterans everywhere should be heartened by this decision. This Vet, from Louisville,Kentucky, gets a thumbs up decision on his earlier effective date in spite of the RO’s incessant efforts to quash it. The Vet sells his house and moves. He … Continue reading →

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