Here’s a classic example of why we need to implement the Veterans Benefits Management System now rather than in 2025. Johnny Vet has been fighting since July 2008 (six years) to get his SC for hep C. VA has been doing it’s damnedest to fence him out with the Hamster wheel remand treatment.
FROM THE HORNSWOGGLE RO
IN UPSTATE NEW YORK
Looking at this decision, you see the endless remands to get the VA examiner to continue eating his ADHD medications and stay on subject to answer the questions posed by VLJ Steve Wilkins correctly. You notice the VA examiner refuses to let go of the Willful Misconduct doggie bone and goes down in defeat still screaming “It was the IVDU!”. The reason Johnbo, and untold others finally prevail, is that they are given the 38 USC § 1154(b) combat presumption eventually. Everything that falls from your lips is the unvarnished truth- as it should be.
What’s worse, you will notice all his other claims have been growing moss all this time because his c-file has been sitting in DC at the BVA. Had it been digitized into VBMS while it (and he) sat there for a year waiting for his docket certification, the claim could be in two different places at the same time. By now, he could easily have been rated for his DM2, received his increase (if warranted) for Bent Brain Syndrome and the lipoma mentioned.
The record currently available to the Board, including the appellant’s Virtual VA file, contains no indication that the RO has ever addressed these matters.
But no. VA would prefer to drag this out until he’s room temperature under the aegis of “Justice delayed is not Justice denied”. And they wonder why we decide sucking on a lead lollipop is almost a blessing in lieu of this treatment.
Here’s my take on the VA’s ages-old Jeopardy board game: