Welcome to the CAVC. Meet Saint Coral Wong Pietsch (pronounced peach) or abbreviated to St. Coral. She’s a member of the Holy Order of the Sisters of 625 Native American Ave. NW APO 20004 (Ninth Floor- Women’s Lingerie/Sundries). With the large number of vacancies (five), and a President endeavoring to look more presidential and less like a skirtchaser, I’m guessing we’re going to see some more lady juris doctors ascend to the throne.

I’d personally like to see Amy Odom or Jeanny Mark up there. Of course, true justice would be served up with a reverse bitchslap if  the Donbo selected Katrina Eagle. Her memories of Judge Davis’ obnoxious behavior will be a long time in fading for all of us. I disremember who said it but “Stupid is as stupid does” always comes to mind. No offense, Katrina, but I had to have my 15 minutes of Warholian fame…


Meanwhile back to James W. Bell. Jimbo signed up at the cusp of the end of the Southeast Asian Olympics and Indochinese Boundary disagreement in 1972. He signed up for three years and served honorably. In May 1973, however, he contracted what appeared to be Hepatitis (not otherwise specified) and it is presumed it was acute and resolved. Being ignorant of Hepatitis C, they presumed wrong. I’d like to interject a side note here. Using the Metavir Scale to rate the progression of Hepatitis C, the age of the disease is easily determined by the stage of progression. Mr. Bell had a liver biopsy in  August 2001 that revealed Stage 4, Grade IV (4) with cirrhosis-meaning he’d had it for a very, very long time. Most gastroenterologists , if interested in the etiology of such things, would determine the genotype and Metavir Scale and look back 30-40 years for an event that might presage it. Et Voilà! May 1973 jumps out and bites your eyeball if you were a nonadversarial, cutting edge VA examiner.

After mulling it over for nine years, Mr. Bell filed for Hep C and blamed the jetguns from Basic Training. Fortunately for him, two things can be said. He did not have any legal help (VSOs don’t count) and he’s not a doctor. He cannot say what bit him and gave him the virus. You can actually point to Groves v. Peake (2008)    as a good precedential Fed Circus decision to lean on. Walker v. Shinseki might have obliterated §3.303(b) but §3.303(a) is still intact. In that sense, Groves is on point.

This case should never have reached the Court for any number of reasons.  But then we’d be unemployed and idle hands are the Devil’s workshop. Fortunately for all of us leagle beagles, the VA will never get it right. We have job security for as long as they remain paralyzed from the neck up. Besides, think of all the cirrhosis Attorneys and Agents avoid because they have no time to hang out in bars. It’s a win-win combo for all of us.

Mr. Bell’s problems began in September 2010. His VA examiner (gosh that sounds so exalted a title for a R.N.) got conflusticated with the vapors and declared she simply could not “offer any opinion” about whether the appellant’s disorder is related to his active service “because any opinion would be  speculation”. She might  well have added that the terms of her contract ensured she’d lose her job and that 2010 Christmas bonus if she did say it was related to service.

From here on, it was the same old comedy of errors. Obviously Mr. Bell had not brushed up on what the VBA considers unacceptable verbiage for a valid nexus. Dr. Belur S. Sreenath (probably his VA doctor in that golden era before they had been forbidden to opine on etiology) opined that the “appellant’s disorder is probably related to the airgun injections that he received during his active service”.

Well boy howdy is that right out. Probably, possibly, mighta, coulda, shoulda looked in the mirror, my Uncle Earl died of that and other “equivocal” definitions won’t put you on Bucks Boulevard. To get to Dollar Drive, your doctora have to use those “unequivocal” statements like “at least as likely as not” or “more likely that less likely” etc.  In addition, you can’t just spout like a whale. You have to explain why it is that you have come to that conclusion. VA would like to think they came up with the perfect foil for telling the truth by simply declaring it to be “too speculative to venture a guess. When we were kids, that was the equivalent of yelling “Not it!”

St. Coral

St. Coral has to gently explain to Veterans Law Judge U.R. Powell some of the finer points of law as she seems to have glossed over the subject in law school. Fortunately for Veterans, Congress, in its munificence, recognized in 1988 that some BVA folks with law degrees slept through some of their lessons. Not wishing to denigrate them directly by insinuating they were raised by wolves, Congress wisely set up an Article I court of review which some legal scholars say has more the reach of of  an Article III court if they so chose it.

A conceptual misapprehension pervades the Board’s analysis. The September 2010 examiner’s opinion “provides neither positive nor negative support for service connection.” Fagan v. Shinseki, 573 F.3d 1282, 1289 (Fed. Cir. 2009). “Therefore, it is not pertinent evidence, one way or the other, regarding service connection.” Id. The Board, however, labeled the September 2010 examiner’s opinion a “negative nexus opinion.” R. at 9. The Board later stated that the examiner opined that “it would be speculative to medically attribute the [appellant’s] current hepatitis C to the in-service injections via air gun.” It should have stated that the examiner opined that she could not answer the medical question presented to her without resorting to speculation, a subtle but important difference. In general, the Board chose to view neutral medical evidence as medical evidence against the appellant’s claim. That erroneous view of the evidence colored the Board’s ultimate conclusion. The Board found that the “most probative evidence of record does not show that it is at least as likely as not that the [appellant’s] current hepatitis C is etiologically related to his active service.” R. at 12. For that reason, it concluded that “the preponderance of the evidence is against the claim.”

St. Coral offers one lovely last parting shot.

The Board made two important findings: (1) the nexus question must be answered by a person with medical expertise (Colvin); and (2) it can never be answered by a person with medical expertise without resort to speculation. R. at 5 (finding that the September 2010 examiner’s report is adequate and that VA need not make any additional efforts to assist the appellant).

Always remember, when VA makes a finding of fact, it cannot overturn it without first declaring it a clear and unmistakable error (or CUE). Since  VA hates to contradict itself or admit error (or appear stupid), they will cling to this finding and go down with all hands before admitting they goofed. That’s why this is at the CAVC-because some asshat Appeals Coach in St. Petersburg was too lazy or terrified to grant SC to Jimbo when it was clearly due. The Hepatitis in service was a dead giveaway. The hepatitis now meets the chronic clause. What’s the problem? Sadly, the problem is a denial mentality. It is not expected that VA will win every time. A few minnows always get through the net. Here, St. Coral had to cut a hole in the net to perform the necessary VA catch and release. Boy, howdy do I love reversals. Make it so, Numba One! And see that you’re quick about it or I’ll box you about the ears.

You have to pick your fights carefully. VLJ U.R. Powell’s  staff attorneys prepping Mr. Bell’s Texas Necktie Party should have rethought this one for any number of reasons. I reckon the last thing you can throw at this one is…

You can’t fix stupid.

At the VA, they promote you.

Dan Curry

P.S. A big thank you and an immense attaboy to Danial G. Curry, Esq. and his firm for his legal acumen on this one. Excellent work, sir.

Posted in CAvC HCV Ruling, CAVC Knowledge, CAVC ruling, CAVC/COVA Decision, HCV Epidemiology, HCV Risks (documented), Jetgun Claims evidence, KP Veterans, Medical News, VA Medical Mysteries Explained | Tagged , , , , , , , , , , , , , , , , , , , | 1 Comment


Jerrel caught me shoveling horse apples in the bottom pasture when he called the other afternoon about doing a show. It (shoveling manure) reminds me of my dealings with the VA in many respects. But that’s another story we’ll talk about some other day. I think it gives me time away from the office and a chance to let my mind wander and sort out some of the intricacies of VA law. Poop-scooping is one of those pastimes where men can actually accomplish two disparate jobs simultaneously. Women call it “multi-tasking” as though it comes naturally to their sex. I’ll buy that. 

I’ve been doing a case for an §1151 claim for old friends and really never have toyed with this entitlement to service connection before. Think of the myriad rules in a CUE (clear and unmistakable error) claim and you’ll find many similarities. About the only major difference is that you don’t have to prove that the error manifestly changed the outcome. It’s pretty obvious your liver just bit the dust when your eyes look like they were marinated in FD&C #2 Yellow food coloring for a week..

We’ll discuss that facet of VA law this afternoon at 1600 Hrs on the left coast and 1900 Hrs  back east.  We’ll also discuss  §1151 claims versus a  Federal Tort Claims Act (FTCA) filing for malpractice. They are two pathways to the same basic thing but the FTCA claim is a finite, one-shot deal versus an §1151  monthly VA check until you kick the bucket. I’d compare it to a winning Lotto ticket. You can take all the money now in one fell swoop with about a 50% loss (FTCA) or make them keep paying it out over your lifetime  (§1151 claim).

At any rate, we’ll probably talk your ear off so come on down and sit as spell this afternoon. Put your feet up and pour yourself an iced tea or one of those Long Island versions that make you feel fuzzy. Here’s the web link

To call in and talk

347-237-4819 plus the number 1

Posted in 1151 claims, IMOs/IMEs, KP Veterans, Medical News, SC For Cause of Death, SVR Radio on, VA Agents, VA Attorneys, VA FTCA Claims, VA Medical Mysteries Explained, Veterans Law | Tagged , , , , , , , , , , , , , , , | 1 Comment


Did you ever have the pleasure of meeting one of those Asshat REMF Light Colonels who always showed up right after the shit quit contacting the rotary oscillator? You know. The ones who always bandied about the collective pronoun “we” as in  “Boy, we sure nuked those gooks back into the dark ages, didn’t we?” I think they must have applied Eau d’ Cordite behind each ear before landing in the Huey. How else could you smell that way over the top of the BO?  

Well, folks. Meet Mr. Jet Infectors ®©? extraordinaire. As near as I can tell from his history, Mr. Brown showed up underfoot late one day in August  of ’15 at Patricia’s loosely knit HCVets coalition and volunteered to help get the word out. Tricia said he boasted of great organizational skills and lots of contacts within Congress. In addition, he was a ball of fire and a valuable addition to the team. She let him run wild with all her information she’s patiently assembled over the last two decades. Silvia, the Resident Registered Nurse was more than happy to supply him with all manner of data, photographs and articles she unearthed. He even came to me asking for information.

Then one day, Shaun changed.  Suddenly, all HCVets’ hard work was actually his hard work. He started WordPress Blog on January 3, 2016. He contacted me and suggested I better “take down” some of my 2011-2016 posts that plagiarized his hard work or there would be litigation. Amazing. Someone who isn’t a Vet, who never had HCV and was five years old when the negative reports from CDC about ‘jet injectors‘ began surfacing arriving 43 years later telling all of us how it “went down”.

I reckon I can’t in good conscience claim I coined the term jetgun. When I found Harry, Patricia, Gary et al in 2008 at the Delphi Forums, she was still referring to them by their trade names of Pedojet or Munji air guns. Having a military background and noticing their similarity to a pistol/revolver, I seized on the nickname of Pedojet and  Munjigun. It stuck. They even use the term in BVA decisions! This one was published in March 2017.

And no, Veterans Law Judge  M.C. Graham is no relation to me so I didn’t somehow cajole or suborn usage of it to gain popularity. Just sayin’.


The Veteran’s current liver disease was not manifest in service and is unrelated to service, to include jet gun vaccinations in service;

Hey. Jet Infector sounds cool, too. Don’t get me wrong. Only problem is, like the Colonel above who lands after the fray has subsided, every Vet on the planet knows about the spread of Hepatitis C via air inoculation devices by now. We love you Shaun but really? Preaching to the choir? It’s like announcing the discovery of Penicillin and pretending like it just happened yesterday. And then telling us we bogarted the info from you ten years before you showed up with it? Hellooooooooooooooooooooooooooooooooooooooo?

All the data published on jet injectors  by jetinfectors® is in the public domain. There simply are no propriety documents or peer-reviewed articles solely composed of critical data by Mr. Brown other than his valued conjecture. His diatribe recently (March 16th) that hurled invective at HCVets for usurping his data is much like the hollow hyperbole Vice-President Al Gore once spouted about how he invented the internet and was the good ol’ boy idea for “Love Story”.

Shaun’s most awesome adventures in jetinfector land

I know I risk a lawsuit for opening my piehole.  Look what happened with a certain Veterans Charity several years ago. Hey, We love you Shaun. It’s great to have this story shouted from every mountaintop. Just remember yours is the most recent mountaintop and your story has already been told thousands of times by thousands of HCV-infected Vets. Moreover, it’s simply bad form to denigrate other bloggers with legitimate websites like yours. It makes you look like, well, you know, that maybe you’re trying to drive readership to your site. And for heaven’s sake, brush up on the use of [sic] if you insist on using it.

“… found more than 100 successful appeals of regional decisions between 1992 and 2014 that didn’t [sic.] entertain jet guns as a causative factor for a vet’s hepatitis.”

“Didn’t” is spelled and used correctly. Never use a period when employing [sic] either. It makes you appear illiterate.

My favorite line was buried down in paragraph ten:

“However, in reality this is nothing more than a puffed-up assertion to make HCVets seem grandeur than reality.”

You definitely will need a [sic]after ‘grandeur’ if you want to leave it  that way. Maybe it’s a pun or a misspelling but it sure looks like incorrect usage. It’s one thing to appear ignorant. It’s quite another to pick up a pen and proceed to remove all doubt.

Remember, asknod what your country can do for you.

And that’s all I’m gonna say about that.

Posted in All about Veterans, Complaints Department, HCV Risks (documented), Jetgun Claims evidence, Jetgun Manual, KP Veterans, research, Tips and Tricks | Tagged , , , , , , , , , , , , , , , , , , | 8 Comments


Hopefully, all you meatheads have survived Quatro de Julyo and still have all your digits attached-either by God or surgery. We fired off our share and I noticed you can actually get a crick in the neck from looking up at mortar rounds going off. As most also know, Cupcake adopted something only a six-month baby can ride. I can saddle him up and both feet touch the ground when I’m in the cockpit. What’s that all about?  The only thing I’ve seen ride him are the birds in the pasture. Enough. On to the CAVC’s version of “Justice delayed is not Justice denied.”

Meet Buckshot. Check out those cute blonde eyelashes. Buckshot’s going on a diet before the Ischemic Heart Disease gits him.

As most know, I launched another AIM-54 several months ago to prepare for Seattle’s VR&E request for a financial disclosure report of I and my Cupcake’s net worth. You can see Tim Allen in Home Improvement facing the camera and silently mouthing the word “Arruuuuh?” with his eyebrows raised. That’s what it appears it’s come down to. Since I discovered is well-read at the Seattle Regional Office now, I can telegraph my intentions to give them time to gather their wits about them and assemble a new war plan. Remember, in this game of VA hide-and-seek, you want them to view you as a hand grenade with a straightened cotter pin- synonymous with an omnipresent danger.

Here’s the report. VA Lions–5, Asknod– 0. This wasn’t a well-reasoned or well-received Ex. Writ. It was a plea to get things moving-or better yet- convene a Panel and ask themselves once and for all,  “How much delay can VA drum up while telling him to cool his heels in the waiting room for several years while they fiddle about, fiddle about, fiddle about?”

Any good legal gripe needs a long, slow simmer to bring it to fruition. Once won, VA usually complies. What the hey? They lost. Time to Pony up, boys. VR&E, on the other hand, is that unique office where they march to the beat of their drummer- not VA’s.  St. Margaret’s staff attorneys want to see much more of an “arbitrary refusal to act” before they set loose the dogs of war on Shulkin.

Thus, you can understand Saint Margaret Bartley’s apparent ‘shortness’ with me in this decision. What the hey? I thought it was worth $50 to see what cards they were holding. Patience, Alex. If they delay building the greenhouse until next spring, I’ll have more time to get rid of my backlog of claims. Jez. Now I sound like the VA.

17-1450 CAVC decision

Onward through the Fog.

Vote for Oat Willie

Posted in CAVC/COVA Decision, Extraordinary Writs of Mandamus, Independent Living Program, KP Veterans, VA Agents, VA Attorneys | Tagged , , , , , , , , , , , , , , | Leave a comment

US National Guard 2017 Twitter Greeting


“In the truest sense, freedom cannot be bestowed; it must be achieved.” – President Franklin D. Roosevelt.

Happy 4th of July!

Posted in 4th of July, All about Veterans, General Messages, Guest authors, Uncategorized | Tagged | Leave a comment


I extend a warm and free 4th of July to you all. Someone on our Key Peninsula (we live on something that looks like Florida but is 28 miles long and 5 miles wide) suggested we, in what could generously be called a rural area, consider outlawing fireworks because they bothered her dog. A young lady who was not  heavily invested in a larger parcel was complaining that someone down the street in their neighborhood was setting off what sounded like incoming 40 Mike Mike HEs.

My response to  the conversation occurred about the time it segued into how even legal booms also forced poor PTSD Vets to relive their nightmares.   Hell, I thought the sign above was a general plea to bring your fireworks over and share them with him.  Hey, he may be on VA comp. at 60%. You can’t buy decent skywork on $1159 a month plus dependency for a better half and a few wall crawlers. Share? Of course. The Fourth of July reminds me of a direct hit on a bomb dump about 2330 around here. Lock the dogs up. Give them about a half a tab of Ace Promazine. Check to make sure they don’t swallow their tongue every so often.

 I can imagine our forefathers all congregating on the Concord Bridge to fight the British. What I can’t imagine is one of them saying “Hold the phone, guys. This is going to make the devil of a ruckus and the cows will quit giving milk and chickens will quit laying. Let’s all just put a fork in this and go home. Let the British rule us. It isn’t worth upsetting the pets.” I did two years in Vietnam and Laos and they were loud ones. I was kicked out when I came home due to ”personality disorders”. Military folks with PTSD get it from their experiences in war or due to major sexual trauma. You don’t get it from hearing too many booms. If you do, there’s far more problems afoot. Asking everyone to forego loud fireworks on the Fourth is selfish. It’s like your neighbors insisting you celebrate a birthday with no presents and cake because it might upset their kids. Celebrate your freedom how you wish. If the fireworks are legal, and the fire danger is low, fly at it. Be glad you are free and can celebrate in this country. Many people cannot do this. I served America to preserve your right to celebrate as you see fit. A new generation has decided we have to “be nice” and worry about others’ feelings and wants and desires. If my actions (or fireworks) upset you, vote with your feet or vote to change the laws. Please don’t ask me to give up my freedoms. I fought too hard to preserve them for both you and my family.

When I came home, and for about a decade after, every car backfiring close to me would make me want to hit the dirt. A few times I did. It went away. Other than that, a boom is a boom around here. We live in a free fire zone. All you need is a minimum of five acres to make it legal. Jez, I even have an indoor pistol range.

My blurb neglects to point out that most who  signed up to be all they could be back in 2001 had reasonable expectations of being around gunfire, booms, big booms and occasionally even really big booms if the enemy is shooting back at you. So all of a sudden booms are out for everyone because one person or a dog objects?

Here’s Cupcake’s newly rescued Miniature Horse. He has a real name any vertically challenged male equine would relish.  Ladies and Gentlemen Vets, meet Buckshot.

Funny thing is they’re like dogs. He doesn’t know he’s not the same size as my 16 handers. Anyway, have a safe Fourth, be glad you can light up the sky with green 7.62 tracers and think whatever you want to about our Presidential Tweeter.

Posted in 4th of July, Humor, KP Veterans | Tagged , , , , , , , , , , | 2 Comments


I’m always running to the googler to find an APO for a bare spot on a mountain in Vietnam… or Laos or wherever. It’s nice to have an alphabetical order to the system as well. Here’s the First MOB’s-short for 1st Mobile Communications Group . They were technically part of GEEIA (Ground Electrical Installation Installation Agency) out of Clark Airbase PI. They were just as convinced it stood for the Greatest Electrical Engineers in Asia.

You can visit their site here 

The list below is there. I find sometimes someone forgets to pay the bills and these treasures are lost forever-thus I copy them to preserve them.

I ran into these guys in some of the most out of the way places I may talk about some day. I shared Box L APO Seattle 96243 with them in 70. Thank you 1st MOB for putting this list up for us. I include it as a widget above as well for quick references

Posted in Tips and Tricks, VA Agents, VA Attorneys, Veterans Law | Tagged , , , , , , , , , , , , | Leave a comment