BVA–We have a winner!

While this decision doesn’t set precedence, we hope it is a harbinger of better things to come. This Vet won his claim by carefully preparing it. he has good nexus letters from several doctors who attest that the jetgun is the culprit. He does have combat blood exposure and claims to have had a transfusion, but that evidence is not conclusive. This VLJ in essence is giving him SC based on the jetgun. And we thought all those pictures of guys in skivvies waiting for their date with the gun in basic were for naught. This Vet was smarter. He claims he’s in the picture. What the Hey! He won.Onwards through the fog. Vote for Oat Willie. One small step for Hepkind.

http://www.va.gov/vetapp10/files3/1024254.txt

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BVA–Another winner

We at asknod are hoping this decision becomes normal for Vets with HCV. You will notice the Vet arrived without a nexus, but was provided one by way of an IME. These usually don’t go well for the Vet, but this one did. Bravo for the BVA!

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BVA–Navy Jetguns

Ah, yes. We certainly hope this type of decision gets to be the norm. Notice that the doctor uses the liver transplant info as a timeline indicator for how long the Vet was infected. This is becoming more accepted by VA now with Metavir or Child’s ratings of your biopsy. This may become the yardstick for proving the age of the infection.

http://www4.va.gov/vetapp10/files2/1016262.txt

In a November 2009 statement, an IME indicated that, the  Veteran served in the military, during three time periods  between 1955 and 1976, and received numerous vaccinations, at  least some by air-gun injection; that he was diagnosed with  hepatitis C in 1995; and that, prior to that time, he denied  any behaviors, exposures, or risks that would transmit  hepatitis C.

Therefore, the exact date of hepatitis C infection is  impossible to determine, although acquisition of the  infection in the 1950s or 1960s would fit with the history of  progression to end-stage liver disease in the 2000s.  The IME  added that the transmission of hepatitis B via air-gun  injections has been well documented in the medical  literature.  Transmission of hepatitis C has not been, never  been, clearly documented to be related to use of such  devices, although the VA’s own Medical Service stated in 2004  that transmission of hepatitis C in this way was  “biologically plausible.”  The IME agrees with this  statement.  Therefore given the information available to him,  the IME believes that “it is highly likely that the  [V]eteran acquired [h]epatitis C between the 1950’s and  1970’s, encompassing the time of his military service, and  given the absence of any other know[n] risk exposures or  events it is as likely as not that this exposure was due to  the use of jet gun injections.”

Pretty straight forward, huh?

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BVA- must have been the gun.

Hot off the press last night. A cogent reasoned jetgun win based on lots of preparation. Very well prepared and presented. Plausible and most probable.This Vet had all the wrong stuff in his file. Drug use, tattoos after service.Yet he still won. Read how.

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BVA– Jetguns, razors, incarceration–2009

This is a new adjudication and gives a lot of insight into razors and toothbrushes, incarceration, alcohol abuse and other possible vectors for HCV. Percentages of infection based on the risks is what made us think it was useful to Vets for citing in their claims. It shines quite a bit of light on why VA will look at any evidence against and ignore anything for, if possible. We make no comment on whether the Vet should be awarded SC. He has quite a few issues with alcohol abuse and being incarcerated for running afoul of the law…

http://www.va.gov/vetapp09/Files1/0908562.txt

Vets can find a lot of information in this decision- information on what not to include in their claim or appeal. We hope this has been helpful.

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BVA–New jetgun win 10/10

Ah, yes. A good nexus and a plausible claim. All the ingredients for a successful claim came together here.


If you want to win, you might try the LEGO method- one block at a time. It works.
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BVA–De gun, Boss, De gun!

 With deep apologies to Herve Villasanchez.We missed this one from February of 2010

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BVA–Private “K” in front of me

 I just ran across this decision today. If this Marine gal finds Private “K” and he/she has HCV, you realize what that means? Living proof that jetguns spread HCV is what. I’ll bet they bury that one deep under the new Trade Center and don’t let it out. She’ll get her bucks and we’ll never hear about it because it was just a fluke. Or, on the other hand, they will tell her they are diligently looking for Private K like OJ was looking for the killer of his ex-on golf courses all over the U.S. They won’t even get on a phone to anyone anywhere and then will claim Private K is nowhere to be found. Return to sender-address unknown. No such number, no such phone. This would break the bank if Private K shows up.


http://www.va.gov/vetapp11/Files2/1112955.txt

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BVA– 2/2009 Pure Jetgun Risk(win)

No risk factors other than the jetgun, ladies and gentlemen. There is hope for this type of claim based strictly on guns, but we think its the day of the week, the Judge, PMS, the full moon or just boredom on the Judge’s part. How does one account for one of these every 3-4 months?

http://www.va.gov/vetapp09/Files1/0902911.txt

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BVA–Finally- Jetgun Nexus Works Well

We always try to show you how. This gentleman did it. Most importantly, examine the top of this decision for the name of the VSO who repped him. Gottcha! There is no VSO. He did it by himself which might explain why he has a nexus letter from his doctor. Had this been run through the VSO machine he would arrive with no shirt, no shoes and thus, no dice. The new 2011 BVA decisions were just posted and virtually every one of the first 100 I viewed  arrived with no nexus IF they were repped by a VSO.

AmLeg also is leaning on the AO= HCV pretty heavily still. We thought that went out with bellbottoms in the 90s.

     Here’s another one. This was done by none other than the illustrious Virginia Girard-Brady, Attorney at Law. She is hot if you can get her. She has a 95% Kick ’em in the ass record.



See the commonality? No VSO…

But see this. A VFW-repped Vet gets it and he arrived w/ the nexus:
 
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