Veterans Day 2010 

The CAVC (Court) just came out with a panel decision regarding communications between a claimant and the VA. As expected, it simply reiterated the same argument. VASEC Eric Shinseki felt that it didn’t apply to the VA and more precisely, the BVA. He was reminded to do a little more research on this subject before denying a claimant based on faulty logic.

     Fithian v. Shinseki examined the concept of what happens when you mail info to the BVA, VARO or the CAVC. Precedent setting cases in the past have held that if a Vet accidentally mails his NOD, MFR(Motion for Reconsideration) or NOA to the wrong agency, it is still constructively in the hands of the VA. This is important as it stops the clock for judicial purposes and preserves your right to appeal. Our illustrious Lt. General cum VASEC chose to ignore years of precedence and reinvent the rules on this subject. As usual, the Court had to take him out behind the wood shed and explain it in Dick&Janespeak as he simply didn’t “get it.”

     This seems to be a disturbing trend with this esteemed VASEC. We (as Veterans) were overjoyed to see one of our own at the helm at the start of the new administration several years ago. Our enthusiasm has since evaporated and we are appalled at the numerous adverse decisions being handed down by the BVA and defended by the Secretary. The equally large number of remands, reversals and vacations of decisions by the Court amply proves the defective logic of the individuals who purport to deliver unbiased justice to injured Vets seeking remuneration.  Our hats go off to the educated Justices of the Court for being able to see through the subterfuge and tortured logic the VA uses to defend its defective practices.

     What is possibly more disturbing is the thought of how many Vets walk away from their claims after a BVA denial without appealing to the Court. The system isn’t perfect, but Vets of all stripes expect a fair shake rather than the bum’s rush out the door after a shoddy trial. We served honorably and deserve as much in return.  Anything less is a travesty of justice. Worse, the tenor of the denials is becoming more nuanced and authoritarian. Using the excuse that “We don’t make the rules. We just enforce them” doesn’t cut it. When a government entity purports to deliver a product (justice) to us, it behooves them to do it properly. It is also expected that they are not going to keep moving the goalposts further down the field and implying its simply a trick of perspective from the Veteran’s point of view.

     The oft touted phrase “All gave some. Some gave all.” has even more resonance when it comes time to sweep up the remnants of wars. We, as Vets, refuse to be swept under the carpet. The clear implication we take away from these flawed BVA and VARO decisions is VA’s attempt to decrease its backlog of undecided claims and appeals at the expense of the Vet. Appealing to the Court is now the only guaranteed way to obtain a decision free from error. We used to counsel Vets that it was imperative to appeal an adverse VARO decision as the BVA was populated with college graduates who were more intelligent and ostensibly wiser. We can no longer make that statement in good faith.

     The downside to war is the collateral damage that ensues to the participants. Instead of complaining that VA’s budget is too meager and its resources are stretched, perhaps the VASEC should implore Congress to either quit waging wars or honor their commitment to those injured Veterans who selflessly offered themselves up to defend their country. President Lincoln, in his second inaugural address, said this in part, which has since become the VA’s motto:

“ to care for him who shall have borne the battle and for his widow, and his orphan…”

       When and if this ever happens, it will obviate the need for this website and others like it. We look forward to that day with great anticipation. In the interim, we will continue to counsel Veterans on how to navigate the minefield that VA has so artfully constructed to deny our legitimate claims. Happy Veterans Day to all of you from the Asknod crew.