WHAT WILL THE FED. CIR. DECIDE IN MACKLEM?


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VA claims blogger
This entry was posted in Fed. Cir. & Supreme Ct., polls and tagged , , . Bookmark the permalink.

10 Responses to WHAT WILL THE FED. CIR. DECIDE IN MACKLEM?

  1. Robert G says:

    This post has me thinking I shouldn’t of took all that acid at the cheech and chong concert in 73. I have a solid “CUE” for SC back to 2001. I don’t figure I will get over the 1/4 mil the VA hates to award. What I am reading here is I have the same chance of getting screwed with good evidence to revise a denial. I am six clicks away from 60 and I have cancer. I am waiting for my dog and pony show at the Los Angeles RO. So if I prevail in my CUE could Leroy be used against me to not get all 3 signatures or something worse?

    • asknod says:

      Leroy’s CUE predicament was legend. It had nothing viable and was on life support when he sent it in. It should have been tossed but some chowderhead pulled it out of the trashcan and got his superior to sign it at 4:59PM on the Friday of a three day weekend.Come the following Tuesday, somebody else (probably the VSC manager ) picked it up and sent it to C&P in DC thinking the EAP still was operational. You won’t get screwed by Leroy’s holding. Relax. You may get a haircut by the “We’re not a EAP committee” that doesn’t officially exist anymore though. What I have seen is VA may grant the CUE but give you the popsicle stick in lieu of a complete popsicle. Court precedent says you can then start a Fenderson rating and play that hand for 8 years. When all is said and done, you’ll win but need more Grecian formula for those distinguished sideburns.

      • Robert G says:

        Reading Leroy was a gut check for me. I always pray for the best BUT prepare for the worst. What is a Fenderson rating? Oh I did listen to the hearing on other post. I liked the DAV counsel’s arguments which I understood. What I didn’t understand was the VA bloviating and lawyer 3rd lip arguments. I hate lawyers but I must learn from them to survive in the VA psycho circus.

  2. SquidlyOne says:

    Nothing would really surprise me when it comes to how a Federal Agency operates against the law of the land in many cases; the VA is no different in that regard. In theory the Fed Court should leave the CAVC alone to delve out justice for the Veteran. I just can’t see how the Fed Court could cut the CAVC and the BVA out of the picture and remand all of the way down to the RO again. To think the VASEC has probably spent at least half of Leroy’s award litigatiing the case up to this point when there are so many disabled, starving, homeless, Veterans just boggles ones’ mind!

    • asknod says:

      Fed.Cir. does not remand to RO. This is why Leroy may be dead by the time it gets there. Fed. Cir. remands to CAVC in about six months when the decision is handed down. Six months later CAVC will remand to BVA. BVA will monkey with it for several months and then remand to the RO. So, conservatively, The RO will send old Leroy out for another C&P when they finally get rolling in about August 2013. Another six months will be ripe for the denial. Leroy will be 90 and starting a new NOD. Add another year for that to get the SOC and then another year to get the boot from the VLJ. VA is going to really drag it’s feet on this. I don’t see Rule 900 on the horizon. I’d say Leroy would be about 94 when he got back to the Court. This is toast if he loses. It would be a nice try. What would be interesting is to see if VASEC could get certiorari at the Supreme’s bar if he loses here.

  3. arkhick50 says:

    Federal courts only make precedent setting decisions on small change cases. They don’t have to be, but, they are politicians in the sense that the appellate judges raise their finger into the air to see which way the public wind is blowing, and if they foresee an outraged populous if they come down on the wrong side of things, the fix is in. It’s a no brainer really. Sorry, Leroy!

  4. Loyal Blair says:

    This is VA’s “work around” because of the demise of EAP. Rest assured, even if the VA prevails on this, there will be another EAP “work around”. The VA does not hand out 6 figure awards like they are candy at a parade, and I dont see that changing any time soon.

    The VA interprets the regulations as they see fit, and we regularly see things like “benefit of the doubt goes to the Veteran” to be obfuscated into “we (the VA) doubts the Veteran will get any benefits”.

    • asknod says:

      Using the historical record of compensation back to the revision in 1960, it appears it may be as high as $890,000.00. That’s a lot of martinis and VLJ bonuses up in smoke. Trust VA when they say that they are trying to give you everything you deserve-such as the shaft.

  5. randy says:

    Cannot see them giving up that amount of cash without playing some form of hide and seek.

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