CAVC–WHY A WRIT CAN BACKFIRE–WE FIXED IT, YOUR HONOR.


imagesIn keeping with Writ week, I peruse the Court decisions daily for fodder to illustrate how and why your writs can go astray. Here, Ms. Rhonda Hunt is going to find out that she was granted what she asked for. She is using Daniel Krasnegor and Co. as a shield bearer. She is also paying the filing fee which indicates she’s not indigent.

What happens next is predictable. So predictable that I was careful to bring my problems to a boil and keep them simmering for almost two years to give VA plenty of rope to clothesline themselves with. Ms. Hunt is complaining that Fort Fumble in Whacko, Texas has held her remand hostage for several years. VA is preparing to “fix” it as only they can fix your wagon.

Rhonda Hunt’s Holy Crusade Writ

Instead of adjudicating or responsibly dealing with Ms. Hunt in a nonadversarial manner, the RO jury quickly opens the door a crack and hands out an envelope with her SSOC continuing the denial. This squanders scarce judicial resources and will force Rhonda to climb back on the hamster wheel for several more years awaiting her claim’s immaculation as a certified, Form 8-stamped, Substantive Appeal ready for transmission to the BVA.

One thing you can be assured of. No one at VBAWACO even cracked the c-file. This puppy was Adobe II’d and sent to the copier. $50 dollars says they copied and pasted the denial onto the SOC  verbatim just to satisfy Judge Mary. Sadly, Schoelen is relegated to simply stating that the VA and the RO have complied with Rhonda’s request.

And when she and Mr. Krasnegor finally get a seat in DC at Vermin Lane NW, they’ll be insulted yet again by the paternalistic system set up to run us until we drop in the traces. Fortunately, her chances with Mr. Krasnegor are light years ahead of using her local DAV.

unnamedThat is what will happen to many of you who arrive at the CAVC seeking this avenue of relief. Be aware of it.  Always do everything in your power to prove you have been diligent in pursuing the claim but realize VA is heartless. Here, going after an extra-schedular rating was futile. Rhonda should know, and unfortunately does now, that going for extraschedular is like saddling up for the Holy Grail Crusade. Don’t expect a miracle. Good intentions aside, very few claims increases are achieved via this approach. Your circumstances must be so unique and extraordinary as to defy imagination for VA to even consider it.

About asknod

VA claims blogger
This entry was posted in Extraordinary Writs of Mandamus, Tips and Tricks, Veterans Law and tagged , , , , , , , , , , , , , , , , , . Bookmark the permalink.

3 Responses to CAVC–WHY A WRIT CAN BACKFIRE–WE FIXED IT, YOUR HONOR.

  1. asknod says:

    I found this today:
    1993 — VA Deputy Undersecretary of Benefits R.J. Vogel testifies to Congress that a growing backlog of appeals from veterans denied benefits is due to a federal court established in 1988 to oversee the claims process, the Washington Post reports. The VA, Vogel tells the lawmakers, is “reeling under this judicial review thing.”

  2. SquidlyOne says:

    Just file an FDC and all of your worries will be over, right? Your VA doctors won’t fill out a DBQ or do a nexus letter, but what the hay. County VSO: “we’ve had really good luck with the FDC process”. Question is, How many of these duped vets ever make it to the BVA? FDC = claim guillotine?

  3. steve says:

    I wonder if waiver of a SSOC is possible, based on intentional delays by the RO.. It is the veterans right to a SSOC, so I wonder if the veteran could request the SSOC be waived and decided BY THE JUDGE on the information at hand.

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