Veterans Claims Help

This was just posted several hours ago on the BVA appeals site. As usual, it does not set precedent as a panel decision of the CAVC would, but it shows the thinking of the Veterans Law Judges who decide these cases. In this instance, the Nexus letter was dead on and the Judge realized it. End of controversy, n’cest pas? I have abbreviated some of the legalspeak to get to the meat of the argument. If you wish to read the unredacted version go to the BVA site>:
http://www4.va.gov/vetapp10/files2/1016262.txt

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

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?

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.