If you have never filed a claim with VA, I suppose you could be a little lame as to what the procedures are. When VA tells you that you need to go to a Dog and Pony show to determine if what you’re claiming even exists, it behooves you to do so. If you forget and blow it off, they send you a Statement of the Case (SOC) informing you they are continuing your denial because you didn’t show and you have sixty days to get your shit together. You can still pull the bacon out of the fire at this point if you request another D&P. If you don’t and just send in the F-9, VA will oblige you and mail it to D.C. as is.
Our good buddy, Robert J. George, must think the rules don’t apply to him. He filed and lost. He filed a NOD and VA agreed to give him the D&P. He was a no show so he got the SOC treatment. Instead of asking for a new D&P and pleading stupidity, he exercised his Constitutional right to remain stupid and filed his F-9. The Board explained what he did incorrectly and that he had many chances to right the wrong. He chose to file an NOA and go to the Court. NOA filing fee? Fifty dollars. Guaranteed denial? Priceless.
What Big Bob hoped to accomplish at the CAVC escapes me. His argument has about as much gravaman as screen doors in submarines. If there is a process to be followed to reach the pot of gold at the end of the rainbow, why would BJ think he was absolved of the responsibility to comply? I cannot believe he did this all by himself. This has all the hallmarks of an AWOL VSO. The strongest argument he seems able to resurrect is the latest “due process” one. Everyone is trotting that one out this year. It consists of “I was dissed” or “Nobody told me”. Another one I hear is “Its no fair the way the law is written.”
As much as I dislike the VA process of ex parte justice, there are many safeguards built in. My favorite is § 3.156(b). You are allowed to submit new evidence or even to ask for another exam when those rude, inconsiderate mugwumps issue the SOC . VA will oblige you. You can keep this up forever theoretically or until you run out of New and Material evidence to submit. As Judge Hagel pointed out, this is a two-way street and if the Vet makes no attempt to help out, he mustn’t be appalled when he discovers he lost. While he was sitting around waiting for the BVA to docket his case, he could have legally petitioned the Judge to remand this for an exam. Tellingly, he didn’t. This exudes stupidity and inattention from start to finish. The amount of time and money expended to make sure Bobmeister had his day in court (twice) rankles me. I have no beef with cutting down trees to build houses and such. I do find it wasteful, however, devoting their pulp for printing appeals like this one.
I guess I should bite my tongue and be silent. The system was designed to actually accord the Vet every consideration at every phase in this process. His voice must be heard even if what he has to say is gibberish. Where I diverge with this procedure is when the Vet has no legal argument to present, but simply wants a soapbox to stand on while he cries. The time and money spent taking this to the Court was uncalled for. One should have to have something to cite to ask for review on appeal. Due process violations must have some substance. Simply shouting the phrase in haec verba does not make it fact. Everyone but BobbiJay knew this. At the end of the decision, the document shows he had a legal beagle tagging along.-Jeany C. Mark, Esq. What on earth was she doing besides her nails?
Given the interminable delays we encounter for legitimate adjudications, this kind of jurisprudence leaves us desirous of giving Mr. George a much deserved Texas Necktie Party from the nearest tall Oak tree. This being the 21st century, such enlightened justice is forbidden. Two purple nurples and a severe noggin noogie will probably be his fate from his wife. I sure he told her this was in the bag and she was out spending money like water on a new ensemble (accessorized, of course).
asknod
Bethanie Spangenberg
kcraveiro
robinhoodesqvetsatty
Wesley McCauley
Veterans Claims Help 