I understand the concept of justice.  I also understand interminable delays on VA’s part. They are famous beyond words for that. Look up delay in the dictionary and there’s undoubtedly a picture of the façade of 810 Vermont Ave. NW. Washington, D.C. 20420.

     George Singleton knows of this phenomenon. He’s been fighting VA since about 1980 for SC on his PTSD. The fact is he had it. No one will argue that any more. VA finally got around to acknowledging this about 2001 and only under threat of the Court.

     They gave him a glorified Fenderson “staged “rating with variable percentages predicated on the progression of the disease over time. Phase III of this progression entailed a slight drop from 100% down to 70% because he was able to hold employment during the ten year term on and off.  Phase IV went back to 100% to present. George felt this was tacky and against the law so he lawyered up with one of the finest VA lawyers around- Kenneth Carpenter. Ken must have thought there was some merit to the argument because they took this all the way up to here. Here being the Federal Circuit.

     Having now lost on appeal to the BVA and the Court, it is unclear why Ken and George thought they could find a sympathetic ear at the Fed’s bench. If you do not attempt it, you will never know, I guess.

     I’m not going to say things like gee, what a greedy bozo he was. I suppose it’s a lot of samoles, but Lord look at the settlement he received.

Period 1 is 8 months @ 50% (1980)= $800/mo.= $6,400.00 (approx.)

Period II is 10 years and 10 months @ 100% (1980)= $2600/mo.=$ 338,000.00 (approx.)

Period 3 is 8 years and 11 months @ 70%(1980)=$1300/mo.= $141,700.00 (approx.)

Period IV is 10 years and 8 months@ 100%(2000-10)=2750/mo.= $352,000.00 (approx.)

    On paper in percent form it doesn’t sink in. When translated into dollar figures it makes one stop and take pause. That’s $838K in rough figures,  slightly more or less for some rug rats.  Without interest for all those years makes it a crime, but we often don’t get a lime in our Corona either. So our buddy George is blowing an ass gasket over another $196,300.00. That’s no small sum and I’m sure Kenny egged him on since he gets 20% of all of it. In the scheme of things old George hit Monty’s cookie jar. I can think of a lot of Vets who might have been happy and gone home. Not George. He and the Kenster started kicking this can up the ladder  once they smelled the money tree. Their logic was infallible, but this was a rare form of justice being administered back into the past based on available evidence. To say that VA can or can’t do  something  they’ve  never been faced with is being pushy. When it’s an argument over 200K or so after over 4/5ths of a million dollars has been proffered is being petty. Maybe I’m just jaded and have different mores.

     The good news is they can take it up to the Supreme Court if they can get certiorari. That’s a big if. 

http://www.veteranslawlibrary.com/files/Fed_Cir_Cases/2011/Singleton_10-7106.pdf