CAVC–ACEVEDO v. SHINSEKI– TWISTING THE MEANING


Claims appealed to the CAVC should have to pass the smell test. This one didn’t. Bernadine Acevedo should be ashamed of herself. Actually Bob, Zach, Myung and Alexandra from the Providence Rhode Island Improv Society should have to apologize for trying to infuse this with any legitimate legality.

What Bernadine is trying to attempt here is to call “hostile military activity” the same as a fellow serviceman assaulting her in a hostile manner. Biiiiiig difference. If the hostile member had been that NASDAQ Sand Rancher Major down at Fort Hood, she might have gotten a modicum of traction. Here it isn’t going to fly.

PTSD has been liberalized to make it easier to claim. At the same time they (vA) have changed who gets to say that you are or are not bent. What you cannot liberalize is the concept that the guy raping you is a hostile military force. He’s hostile and no doubt in the military but he’s in our military, not Iraq’s or the Taliban’s.

38 CFR §3.304(f) (3) is for MST bent brain and always will be. § 3.304(f)(5) will always be reserved for ragheads shooting at you and making you nervous. Trying to twist the meaning and torque it into what Bernadine and company is attempting is an insult to the process and wastes valuable judicial resources.

We all eagerly await our bite of the apple there and for this young lady to use such a lame legal theory speaks volumes for what Vets shouldn’t waste their time and energy on.

Unknown's avatar

About asknod

VA claims blogger
This entry was posted in CAVC/COVA Decision, Gulf War Issues, PTSD, Veterans Law and tagged , , , , , , , , , , , , , . Bookmark the permalink.

3 Responses to CAVC–ACEVEDO v. SHINSEKI– TWISTING THE MEANING

  1. Randy's avatar Randy says:

    Gives credence to the term “noneffective representation”. It is always important to check the win loss record of a legal entity before retaining them. Not sure how she would have faired if she had lawyers who knew the regulations. Her law dogs have turned into lap dogs and wasted a very coveted seat at the big table/podium. Next.

Leave a reply to Randy Cancel reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.