Yep. Here I am. I thought I hit this one out of the park.  What was I thinking? Apparently they do not allow new evidence to be submitted during the appeal. If they do then they owe me some serious go  to town, walking about money. Bucks Boulevard. Dollar Drive. Some think I’m doing it for the money. I say I’m doing it because they called me a liar and told me to piss off. Either way, I would have appealed it. I can hear Senator Jim Byrd of West Virginia, his jowls quivering, shouting his trademark “It’s wrong. Wrong! WRONG!”

If you weren’t aware, and perhaps the new kids at vA didn’t notice, they put a date stamp on everything. Twenty years ago they put it on the back of documents. Now they stamp the front and scribble all manner of notes on them. Check this out. That pretty much says “Yes sir, Mr. Nod. We got your NOD and the new and material stuff. We’ll get back to you.”

NOD’s RBA pg 3387

If they had examined my NOD more closely, they might have noticed I submitted some stuff called “new and material evidence”. When you do that, it comes under the heading of 38 CFR §3.156(b) and a new decision must occur. They did it right in my tinnitus claim and awarded it back to 1994. They simply cannot bring themselves to take pen in hand and start writing 60% back to 1994 and TDIU to 1989. I don’t blame them. What am I saying? Of course I do.

Here is the CUE I argued with it. That makes me 2/7 at the BVA- not an enviable record. That’s why I’ve called in the Rainmaker from Michigan. I think his motto is “If you want to win, hire the very best”. This one is going to earn him his shekels. VA made some dumb errors and then declined to discuss them in this decision. If they were to vacate and remand, that lets me introduce all those lovely new records Air America and her boss were finally so kind to share with me. If they just reverse, I’d be very happy. Anything other than affirmation is also Dollar Drive.