Mon Dieux, (excuse my French)! This is enough to make a Vet’s blood run cold. The American Legion idiot (excuse me, strike that in favor of Service Officer) representing this Vet doesn’t have a clue what he’s doing. I thought these guys had to study 38 CFR and pass a test proving their competence.

Granted, this fellow happens to have “issues” that tend to cloud the veracity of his testimony. Nevertheless, it’s axiomatic that the Rep make sure the Vet has the “Caluza Triangle”, aka the Hickson elements, to prove his case. For those of you unfamiliar with those references, they are two precedent setting Court cases that specified in very clear English that in order to prevail on one’s claim, it was essential to have 3 elements: A current disease or injury; the same in service or a presumptive risk factor(s) (documented); and a doctor’s nexus letter tying the two events together with clear and concise reasoning after perusing the Vet’s medical and military history (and any post service records available). This has been the case for more than 15 years of VA law. Now, why would an AMLEG Service Officer let this poor Vet patiently invest time and energy into a claim for years and years and let it arrive for adjudication before an Appeals Court Judge in Washington, D.C. without a nexus? This kind of VSO help we can do without.  We have no beef with any individual VSO. We feel a Vet should be represented, not patted on the back and exhorted to “you go get ‘em , Bubba.” or “They so owe you, dude.” That’s not how it’s done if you intend to win. If your claim has a good foundation, you should win at the RO level. Admittedly, that doesn’t always happen, but that is what the courts above them are for.  Regardless, it still requires the basic 3 elements we described above.

As Veterans, you were taught to obey orders and not question authority. Here, you financial (and medical) life is at stake. Never blindly submit to the counsel of an SO from any Veterans Service organization.

Always try to corroborate veracity concerning rules and regs. independently. This poor guy might never win, but he deserves a chance with good legal assistance if it is proffered for free from a VSO.  I’m not an attorney, but this rises tothe level of criminal negligence in my mind. If I were the judge, I’d ask the AMLEG rep. if he was raised by wolves or simply led a sheltered existence in the Wonka chocolate factory.

http://www4.va.gov/vetapp10/files2/1018181.txt

Kind of like a Halloween spooky story, Huh?