While sending in my Notice of Disagreement with The Vocational Rehabilitation and Employment chuckleheads today, I was chatting with the Post Office Mistress, or is that
postmasterperson shoot, postmistressperson, masterpostperson, (this politically correct thing is hard to get the hang of) about having to send mail to the VA via Certified Mail, Return Receipt Requested (CM3R) and how that set me back several good bottles of single malt scotch over the years. She asked me why I was doing this and I told her about the Presumption of Regularity and the Common Law Mailbox Rule(CLMR). Her eyebrows went up because she’s over, well, she’s over 40, okay? Not being a spring chicken and knowledgeable about all things postal, she was dumbfounded to say the least as I explained that Veterans are lower than whaleshit in the ocean and lie a lot. Therefore, as their credibility is always in question, they must prove that they mailed something. Whereas the VA, who is honest and above board, shits ice cream, and walks on water need prove nothing when they mail a letter to us.
I’m not one of those idiot men who never ask for instructions. I’m the opposite. I told her I have this site and it costs a lot of Veterans a pretty penny to send all this in with a green card when they’re indigent. So I opined as it was a shame that the USPS didn’t have anything that would work in its stead. When what should my wondering eyes behold? The PostHeadwoman waving a Certificate of Mailing under my nose.
PO Form 3817 is a date and time stamped certificate that certifies-probably under penalty of death- that the article being mailed is from , You, Joe Vet and is being sent specifically to the VARO in (add your city here), the BVA in D.C. or to the CAVC in the same burg. She then gleefully went on to explain that the CLMR cuts both ways. Once the article is in her possession, all the VA’s rules apply to them as well. And here’s the clincher.
How much would you expect to pay for this USPS service? A flat $5.00? $3.50? No siree, kemosabe. Just think. It’s 2011, they’re bankrupt and a dollar fifteen will put you in the driver’s seat. She explained that it was rather antiquated and very rarely used, if ever. She’s only used one 3 or four times in the last decade. I analyzed this for a minute or so and I think it holds water. What’s sauce for the goose, gentlemen. Regardless, it would make a lovely 3 judge panel at the CAVC and you can get you name emblazoned in lights like Rafael Rios did forever… NOD v. Shinseki (2019). Dude, I’m sending everything this way in the future. I can’t drink fine scotch anymore, but I can sure serve it to my friends now. Thank you Madame Kathleen. I’m glad they change her title. Mentioning you saw your Postmistress today won’t sound very innocuous to the wife-san.
Check out my post on Rios v. Mansfield in the CAVC category to get the grasp on how the CLMR works. Also look at the way the BVA treats us poor greedy Vets when we ask for benefits under a statute Congress wrote specifically for those of us who are damaged beyond repair (BVA decisions attached below).
P.S. The NOD was for their denial of my request for them to buy me a MAC notebook and some software. They’ll spend $18K on retraining a”educationally challenged” Vet who never learned how to read, but won’t cough up $1200 so I can print this? Outrageous! They also turned me down for the greenhouse and the sewing machine, but I padded the request to give myself some bargaining room. I’m available for a beer summit. I’m certainly not trying to be unreasonable here.
http://www.va.gov/vetapp11/Files1/1109753.txt (metal detector)
http://www.va.gov/vetapp11/Files3/1124514.txt (tractor, lawn mower, snowblower)
http://www.va.gov/vetapp10/Files6/1046460.txt (art and photo supplies)
And the Certificate of Mailing- too cool for school. Click on it and it gets bigger if you are blind like me.