BVA–STICK WITH YOUR STORY

This is short and sweet. The VET has Hep. He doesn’t know where it came from. More importantly, he knows where it didn’t come from. He states the risk factors, discounts the drug connection which he can , as a layperson, opine about. The VA examiner is unable to make an educated guess. Result? It is at least as likely than not that it was something in service. Simple. Do not feel obligated to help VA figure out a reason. Always remember. You are not a doctor. What do you know about it? Very little. They always choose the reason least likely to help you anyway.

http://www.va.gov/vetapp08/Files3/0824802.txt

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BVA–ONLY ONE YEAR TO FILE YOUR APPEAL

This, Ladies and Gentlemen, is what you receive when you fail to file your Form 9. You can appeal and they will mail you one of these. You can’t get service connected if you depend on the VSO to take care of your claim. This is a classic example of what happens to thousands of Vets every year. I know. I was one of them in 1994. Keep an eye on the calender when you start these claims. Don’t depend on anyone . I often wonder if there is collusion between VSO personnel and VA. It sometimes feels like a conspiracy to deprive the Vet of his legal rights.

http://www.va.gov/vetapp08/Files3/0824648.txt

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BVA– DON’T LIE ABOUT IT

Pretty simple deal. The VET had plenty of viable risk factors here but he ignored the ones he could make a medical nexus with and pursued the ones he couldn’t prove. The BVA Judge is being polite and not calling him a liar to his face. If this VET had actually roasted his face badly enough for a txfusion or Ringer’s Lactate, it would have been in his medrecs bigtime. I’m sure I’d remember that and tell the doc when I was going thru the last roundup and peckercheck. On the other hand, this guy could have made a case for the STDs. Maybe he was Navy and had one of those herking monsters on his chest. The biopsy showed he’d had at least thirty years which would easily fit into a nexus theory. But guess what? Forgot the nexus. OH YEAH. And then of course there’s that little matter of the old Cocaine use after service. That’s always a bummer when you realize that doctors write stuff down that you say. Just because you smoked it ain’t gonna fake out the VA wide receivers. A successful claim usually can be accomplished if you tell the truth. Or, If you tell the story the same exact way each time you tell it. The trouble with lying is it’s hard to remember what you lied about 5 years ago. You’ll notice that it gets lots of folks in trouble- even Presidents with a fantasy about blue dresses. Of course! That’s almost as funny as saying you were in Cambodia. Remember? As we motored up the Mekong River in our SWIFT boat, there was a big sign there that said “Welcome to Cambodia. Speed limit 10MPH! Leave no wake!” You remember that, don’t you?

http://www.va.gov/vetapp08/Files3/0825688.txt

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BVA–GIMME BACK MY RATING

This is a classic example of the RO attempting to take away the Vet’s rating. They are not well versed in this and usually screw it up. In this case the vet had appealed the action and ended up having the BVA restore the rating. This is rare and doesn’t happen very frequently. But it does happen ,which is why Mr. Murphy wrote a book of laws concerning it.

http://www.va.gov/vetapp08/Files3/0821474.txt

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BVA– BE CAREFUL WHAT YOU ASK FOR #2

The VET asked for hep B. They denied him for B .He didn’t have a nexus. They gave him one of theirs. Not a very favorable nexus. Just Claim Hepatitis. No ABCDEF stuff. Just hep. Don’t let them figure it out. Figure it out yourself and tell them to read your Doctor’s nexus.

http://www.va.gov/vetapp06/Files3/0611589.txt

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BVA–HCVETS.COM REMAND

If this VET didn’t get hep in service, I’ll eat my hat. This is Stage 5 or death to the VA. He was in the service 35+ years previous. I’m sure they’ll find an examiner to “opine” that it is “less likely than more likely” to avoid having to pay his spouse. Sick…and they do it every day. I hope you VETS read this info very carefully and figure it out.

http://www.va.gov/vetapp06/Files5/0635626.txt

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BVA–SC FOR HCV BUT NO $

Can you believe this. VA gives this guy SC for the Hep. Just because he says he might have got it while doing IVDU. But they don’t give him the Wampum on account of his willful misconduct for same. Does this come under the heading of Be careful what you wish for? I’ve never seen this exact approach. Usually its denied as having occurred after service. Maybe this VLJ just has an incredible sense of humor. Why else would he get the VET’s hopes up. Granted, the Vet doesn’t have a leg to stand on with this claim. Look who filed it for the Vet. Cal. Dept. of Vet Affairs. Now there’s the VSO I want working my claim! Looks good to me, Jimbo! Push “print” and file it.

http://www.va.gov/vetapp06/Files5/0637145.txt

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BVA– FORM 9 W/O FORM 9

In this case, the veteran did not submit a VA Form 9 (Appeal to Board of Veterans’ Appeals) in response to the RO’s issuance of a statement of the case. He did, however, submit a written statement containing the necessary information to perfect his appeal of the RO’s September 2000 rating decision. In the statement, received at the RO in September 2001, the veteran referred to the statement of the case by citing “343/211” and indicated that he was submitting the attached information to support his claims for service connection for multiple sclerosis and hepatitis C. In so indicating, he made clear his intent to continue pursuing his appeal with regard to these claims. In light of the foregoing, the Board has jurisdictional authority to review the claims of entitlement to service connection for multiple sclerosis and hepatitis C. For the reasons noted below, however, VA must take action before the Board can proceed. ORDER The appeal on the issue of whether the veteran timely appealed a September 2000 rating decision, in which the RO denied service connection for diabetes mellitus and hepatitis C, is granted. Just because you don’t use the man’s forms doesn’t mean they can deny your claim. The VARO down in Oakland learned this the hard way. You don’t dis the BVA if you work for VA. They don’t like that.

http://www.va.gov/vetapp06/Files3/0613126.txt

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BVA–COMBAT ENHANCEMENT(38 USC 1154b)

 This shows the relaxed standard of evidence necessary to prove a claim if you were involved in combat. The Combat Infantryman’s Badge is a sure fire indicator of combat, as is a Combat action ribbon. Well, so is a Purple Heart or a Bronze Star. I didn’t mean to exclude them.
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BVA–GUNS ‘N HOSES

Seems like Women VLJs are more forgiving of VETs with HCV. I don’t think this Vet should have had to go thru the appeals process. He’s a war hero with a Purple Heart. How many of you guys have been shot? Trust me, it hurts . Take a 28 ounce waffle headed framing hammer and hit any finger as hard as you can to get a general idea. Or drop on by my place, sign a hold harmless agreement and I’ll prove it. This is also a decision that says if you are a Combat Veteran(and this Vet undoubted was), your testimony is accepted without need for corroboration. If you get shot they believe you! Mighty big of them.

http://www.va.gov/vetapp06/Files1/0600691.txt

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