Imagine filing in 2002 for Hep. Okay, you get the VARO love letter and file the NOD. SOC, Form 9, SSOC and off to DC where you finally get the short end of the stick. About this time you put 2+2 together and figure out they couldn’t possibly be looking at your medrecs or they’d figure this out. Fact is, they probably did and still turned you down in hopes that you’d go away. This vet went up through the NOA and to the CAVC. THEY figured it out that he got screwed. He didn’t have any trouble convincing them . About this time, VASEC Peake says “We’re so sorry, son” and offers a remand for a redevelopment of the case. It’s as obvious as the Big Zit on Prom Night that this old boy isn’t going quietly into the night after 6+ years of doing the HOKY POKY and shaking it all about. The VLJ this time around is starting to get the picture that maybe them fellers down at the VARO in Waco weren’t giving the VET a fair shake. Again, fellow Veterans- SIX plus years of wasted time, energy and anguish. Does anyone see how easily this could have been avoided? Do you suppose anyone is the slightest bit embarrassed about hanging this gentleman out to dry for over six years? Perhaps the VLJ, but I suspect even she is becoming jaded and feels overwhelmed by a system that was designed to hinder a Veteran’s chances of being given justice. Thank your lucky stars we have this system. It’s not perfect, but it does have safeguards built in if you stay the course. But that is the trick, isn’t it? Stick with your claim and never give up. If your claim has merit and you persevere, you will be rewarded. God forbid you would have to wait as long as this poor Vet has. I would classify this as a crime if I were the Inspector General of the VA. I expect they have a different take on it.

http://www.va.gov/vetapp08/Files5/0837115.txt

It would be interesting to keep an eye on 2009 decisions to see if this comes back up on appeal. My guess is VARO Waco is going to punt and give him the 10% knick knack, paddy whack rating and make him fight another 3 or 4 years for a 20% or higher rating. Makes me ill to see Vets accorded this kind of “Justice”. Maybe they’ll fix it during course of this new administration.