This decision is a perfect illustrator of what occurs (or should) when the VA steps on its collective pink snake. In its rush to judgement, the AOJ and then the BVA ruled against this poor Vet who was laid up in a nursing home. He had applied for some benefits he felt he was due through his VSO, the Paralyzed Veterans of America. The RO obliged him by loading him up with all kinds of ratings associated with SMC, Aid and Attendance,etc.
After a while, someone noted that he was in a nursing home and the Great Takeaway began. This was followed by the “Jez, Dude. You owe us a lot of money back.” The poor Vet was so ill he probably had no idea what was going on and really couldn’t care less. He sure wasn’t spending it on a new Porsche. His VSO finally appealed this up to the CAVC and they finally rebuked the experts in the lower court. Pray this doesn’t happen to you. Better yet, keep track of what VA gives you and bank it if it looks suspicious. When they come back looking for it, they can be rather vindictive as this case illustrates. You can always throw yourself on the mercy of the court and ask for forgiveness of the debt. VA often grants this if you have the IQ of a fruit fly. If you invested it in the stock market and made thousands off it, they won’t be so understanding. With that said, allow me to introduce Mr.Gerald L. Erickson…

