We at Asknod, (my feral cat, two dogs, pony and goat) are extremely sensitive to Veterans and their claims. We strive to give you useful information not so much on how to win but on how not to lose. Obviously, in dealing with the vA, there is no rhyme or reason as to why you can lose a case on Monday and come back and win it on Thursday. Some might attribute it (a win) to a more caring VLJ or the weather. After my latest setback last week, we (the goat and I) think it has to do with inattention, indifference and an uncaring attitude. The dogs disagree and side with the pony as usual.

I had a long talk with an attorney about representing me on this yesterday. He enlightened my thinking considerably. Law dogs, as a subset of humans, are cynical by nature. His explanation is much more sound and erudite. Simply put, the VLJ’s minions are tasked with generating a decision a day per judge. Even with this prodigious effort, it follows that the backlog is going to get bigger without more judges and a revamping that encompasses the independent ALJ model.

The last time I checked there were 60 positions for VLJ. There are temporary Acting VLJs who get to dress up in robes and put VLJ makeup on, too. These constitute about another 30 or 40 individuals. They are assigned inconsequential cases that are fairly cut and dried such as this. This teaches them to be good worker bees and instills confidence later on when they are asked to deny on seminal cases by their boss. Mind you, they are not ordered to do so but who signs the paycheck?

Trying to manufacture one case a day in a boiler room atmosphere is a daunting task for any group. Assuming the normal compliment of 12 able-bodied future VLJs, it would be akin to asking a jury of disparate individuals to assemble, collate, weigh (the good ol’ benefit of the doubt) the evidence and come to an informed decision. Or would it? Try this on for size. My C-file currently won’t fit into 2 carry on bags as defined by the airport gestapo. How in Sam Hill are they going to peruse this in an 8 hour period and still find time to slaughter the chicken and adduce the entrails?

The explanation is fairly obvious. Assuming the case is viable and has legs, it will depend entirely on whether they luck out and find something that supports your contentions. Absent this in the magic 8 hour window, you are destined to join the 70 percent club. I speak of the number of denials generally attributed to that august body of pseudo-impartial jurists.

Many are quick to cast blame on the individual VLJ, but this is unwarranted. He is simply at the mercy of the aforementioned bozos-in-waiting who blithely gloss over your C-file and pretend to be objective. As with any judicial process, there are good and mediocre individuals who still have a conscience. There are an equal number, statistically, who have the intelligence quotient of my goat. I certainly don’t mean to denigrate my Wally. He has a viable excuse.  He actually is one.

The illustrious attorney pointed out several other roadblocks to a logical decision based on all the evidence.  Imagine assembling a file the way you and I might do so. Scratch that. Imagine assembling a file the way a woman would be inclined to. Everything would be color-coded by claim in the latest designer tones like fuschia, burnt umber and celery. Next, the documents would be chronologically ordered with  the medical  and administrative components separated to make it easier to navigate. A table of contents would provide a road map for the educationally challenged. All in all, it would be a splendid example of order and common sense, n’est-ce pas ?

Now meet the vA version. Did you ever go to Vegas and watch a 21 dealer shuffle 3 decks at once. You get the idea. Imagine a three page medical nexus with the pages spread galley west from one end of your file to the other. Mind you, I’m not saying they do this on purpose. I merely state how it arrives on the CD. If this is the manner in which they hope to ascertain SC, we’re doomed. Wait. We already are. That’s why we have an appeal process! Don’t you love my humor?

I have opted to do the smart thing here. Rather than hoard my shekels, I’m creating  a shovel-ready job to keep my leagle beagle’s mortgage current. It’s a win/win. I can claim I hired him and probably get a tax credit for doing so.  I’m going to let him shovel the shit this time. I’ve been at it for six years nonstop. Eighteen off and on since 1994 with the hep claim and twenty three since 1989 on the back/hips. The fact of the matter is I want to find a scapegoat in the event of failure. I have one now.

Rational thought processes tell me that giving up 20% of my winnings is better than collecting 100% of my loss. Rainmakers earn their money. Make it so, Number One.