This decision has absolutely no bearing on HCV jurisprudence. I simply attach it here for the sole purpose of showing the readership what we have in store for us soon. At the top of the decision is the list of appellant’s leagle beagles. Prominently displayed is the name of Meg Bartley. Ms. Bartley is slated to become a new judge at the CAVC soon-Congress willing.

Chandler

Meg has been kicking around over at the National Veterans Legal Services, a consortium of like-minded law dogs with the Veterans’ best interests at heart. They are, for the most part pro bono and dearly beloved to all who seek an ear before the Courts. One can imagine how refreshing this will be when she ascends to the Bench soon. Judge Mary Schoelen, who is another strong advocate of ours, will find herself in good company soon. I do not advocate for an unfair advantage for Vets. I simply beg for an even playing surface. Considering that we get such shoddy justice and surly lip service below, this addition to the Court gives us one more valuable tool with which to curb the excesses of the VASEC.

Vets should find it incongruous that they get such disparate justice in the lower venues. One can readily excuse the lowest echelon (VAROs) as being constrained by a benefits manual that all but guarantees none but the most patently obvious claims will ever reach fruition. Nevertheless, this shouldn’t be perpetuated at the BVA via some blind march in lockstep with the flawed decision from below.

We are seeing more reasoned opinions emanating from the BVA only because they are beginning to recognize a trend coming from above that refuses to go along with the Gomer logic presented. Face it. Most judges would be appalled to have their decisions rent asunder based on false premises or improper analysis of the available evidentiary record. The BVA, being minions of the VASEC and dependent on him for their livelihood, often stick their licked finger up to see which way the legal wind is blowing. Arguably, there are some members whose altruism has not become a casualty to the party line. I commend those souls. We know by reading decisions that some are poorly contrived and pointedly slanted against the Vet. This is why Congress decided to give us a better shot at justice than the rump form we endured for a century and a half.

Nod predicts:

We’ll attain true, unadulterated, meaningful jurisprudence only when the VLJ system mirrors the ALJ one incorporated by the Social Security Administration. That is, a truly independent judiciary that cannot be swayed by their paycheck cum blind allegiance. That’s the rub in a nutshell, isn’t it? The CAVC more closely resembles what true justice could be but obviously can be subtly told to rein in by the 3rd Circus.

We at the Nod factory joyously look forward to the coronation of  Ms. Bartley the sooner the better. In case anyone hadn’t noticed, the CAVC has unceremoniously shut its doors in protest and is waiting for our fearless Commander in Chief  and the Senate to get off their derrieres and restock the Judge pond. Even with the investiture of Bartley and Wong, we’ll still be short one judge. How soon that will be rectified is a mystery. I have heard nothing from Sen. Sneakers-not even a discouraging word about this deficiency. Considering her umbrage with the Army’s PTSD imbroglio, one would think this might rise to the level of a news conference, too.

Come on, Patty. You have the ear of the President. Let’s get with the program or are Vets a lower priority that getting reelected for the umpteenth time?