This morning I was greeted by this post on the BVA Decisions 2011 page. I take all your comments seriously and this one troubles me.  It’s not the implied threat so much as what the respondent asks for.

One Response to BVA HEP CASES 2011

1. Cleotis says:

   March 15, 2012 at 07:35

   I believe in privacy . It’s only proper for you to Ask people if It’s okay to add their claim to your BVA Hep Cases Page . Don’t let me find mine on there ..

   Cleotis, you bring up a good subject. Let’s examine it in minute detail. I hope others will chime in and contribute their thoughts as well. Healthy discussion of any subject in the light of day makes for a clearer understanding of what we’re doing here. My “pages” below the Vietnam Service Medal, for the most part, are links to sites. Thus, the BVA site identifying Hepatitis cases that you are posting on is just that-a VA site that publishes BVA decisions. I have no control over the content. If you find yours on there, I suggest very strongly that you do not make any veiled threats to the VA. The chances of finding people with Federal badges at your front door is directly proportional to the enormity of the perceived threat you vocalize.

   Let us start with the two sources of legal cases we discuss here. The first, to which you object, is the BVA site. The BVA publishes these, not us. We simply reprint them, or rather a few of them, for educational purposes. The VA is notorious for holding their cards close to their chest and preventing us from seeing how the cogs of justice turn. We peel back the the layers of the onion and expose the technique, the inner workings and the convoluted thought processes that go into each decision. Knowledge, in a word, is power. Veterans come here looking for that power, that unique edge, that je n’sais quoi of VA jurisprudence that may enable them to prevail.

   The second, which does not offend you (yet) are CAVC and Federal Circuit decisions. These do indeed name the individuals and we have had two disgruntled Veterans who have expressed their feelings about it as you have. The difference is obvious. You take umbrage with the idea that your decision, sans any identifying criteria, may inadvertently surface here. If it does, I will be unwittingly guilty. As for the two individuals mentioned above, we accorded them space and an opportunity to rebut what was published. In the case of Mr. Keith Roberts, I have apologized as good taste requires. His wife, daughter and attorney amply showed he had been railroaded by the VAOIG. As to Mr. Wayne Theofrastou, I pointed out that his case was one of interest to others here for what he lacked or depended on for justice to be served. Ad hominem attacks serve no useful purpose. If someone feels I have done so, I will welcome their criticism and address it on a case by case basis. If they request this to be sotto voce, I will comply.  Simply posting a request for privacy with no apparent way to comply, accompanied by a “if you do, you’ll be sorry”  is misguided at best and humorous to some degree.

   If at some time in the future I step on my necktie and publish your case with some embarrassing discourse, please do not take it personally. Someone here will promptly remove it and you privacy concerns will be observed. If it happens at the Court level, I suggest you see my advice below.

   While I have been accused of having a tortured mindset and questionable intelligence, I have never been condemned for telling untruths or fabricating facts. You have asked me (us) to give you some form of special dispensation that we simply cannot produce. How, pray tell, could I possibly ask your permission, or any other Vet’s for that matter, absent a way to identify you? BVA decisions are silent for names and are identified simply by a Citation and docket number. The closest thing that could be considered an identifying trait is the location of the VA Regional Office. Since there is generally only one in each state, that is pretty ambiguous for identifying where you live beyond the state. An example, just in case you have never examined yours,  looks like this:

   Citation Nr: 1147500
   Decision Date: 12/30/11 Archive Date: 01/09/12

   DOCKET NO. 05-08 630 ) DATE
   )
   )

   On appeal from the
   Department of Veterans Affairs (VA) Regional Office (RO) in
   Cleveland, Ohio

   I strive to keep a civil tongue in my head when posting. I have the utmost respect for all Veterans, whether they served in war or peace. When Veterans use the VA’s judicial forum for nothing more than a place to complain, knowing full well they have no hope of prevailing, I let slip the discouraging word. A claim for benefits to the VA should have some basis in fact. It should be predicated on sound legal tenets. Some view the VA as a cash cow to be milked for perceived injuries incurred in service.

   This site serves a legitimate teaching need for Veterans filing legitimate claims. You will notice I include a section on Frivolous Filings. These are included as an example of what not to do or why you will fail if you do so. They are not drawn upon to diss Vets but to educate them.

   While I sympathize with your desire for anonymity, Cleotis, you task me with the impossible. I believe your argument is first and foremost with the BVA for having the audacity to publish these decisions in the first instance. If you are looking for additional scapegoats, you will not find them here. Once in the public domain, your decision is fair game and the First Amendment of free speech applies. In order to maintain your anonymity, you will have to give us the actual decision number, the year it was published, and a citation number.  We will strive to keep your case from the prying eyes of our members. If it contains some cutting edge technology for winning claims, I will not extend this courtesy. Your technique, if you indeed have one, deserves to be shared. On the other hand, if it merely contains embarrassing information that will cause you great emotional distress, then there is nothing to be gained from sharing it.

   One thing many fail to realize is that when a Vet chooses to file a claim, he relinquishes any hope of  privacy. The internet airs everyone’s laundry with no respect for privacy. The BVA, to their credit, attempts to maintain this curtain over Veterans’ identities. The Court of Veterans Appeals does not, as a normal matter, do this. However, you can petition them for some modicum of ambiguity by requesting the appeal only divulge your initials. Witness that Mr. E.F. did so in June 1991. Mr. A.B. also used this ploy in October of 1993. Cleotis, I strongly suggest you avail yourself of this avenue if you desire to remain nameless if and when your appeal arrives before the Court.

   In the meanwhile, since I have no way of identifying your case via the moniker “Cleotis”, I am dependent on you for identifying your claim. If you do find it here, it will be an inadvertent action with no personal animosity attached.