In a poker game, you don’t want to scare them off with a superior hand, but rather inveigle them to see you and raise yet again. We’re playing VA poker here so I want to convey the futility of further bets but let Mr. McNabb depart with his dignity and his pocket watch and fob. He is free to fold gracefully-as he should. I firmly believe he is at liberty to do this and is not being pressured to hold the line by higher ups. By the same token, he has delegated far too much authority to the Seattle RO and little people like VSCM AynMarie Lofgren.
The CAVC is an august body who is legitimately head and shoulders above the legal riff raff in Seattle as well as the OGC. They will not take lightly the stance of a Veterans Service Center Manager telling Veterans they will get their c-file when it is damn well “ripe for copying”. Nor will they cotton to a condescending attitude of “semi-compliance” after a dilatory twenty two year lesson in how not to adjudicate claims. As for Mr. McDuff’s belief that a score and two years hardly meets the threshold of a refusal to act, I look forward to Judge Davis’ opinion.
Miz Lofgren has been hung out to dry by Mr. McDuff’s inattention to law business. He allowed her to use hangman’s language in her affidavit. She could have correctly stated it based on “information, knowledge and belief “instead of the much higher standard of a stack of Bibles with her right hand raised. She has been fed the OGC Koolaid and inadvertently perjured herself in the offing. Bummer, Ayn. Did they promise you a performance bonus?
Tomorrow the sun will rise in Seattle but Ms. Lofgren will be busy seeking legal counsel to extricate herself from her falsehoods. Mr. McDuff will be looking at his hole cards and making plans to either bluff again or fold. I never thought it would come to this to be truthful. But then I miscalculated VA’s entrenched intransigence.
Motion of Petitioner to Strike affidavit
I take no pleasure in wreaking havoc on these folks. I have given them ample time, in my view, to comply. Their recalcitrance is incomprehensible in light of the weight of evidence against them, yet they refuse to chieu hoi. What part of non adversarial was lost in this twenty two year dialogue? What did I say or do to offend them? Unless I am mistaken, ’tis I who is the aggrieved party.
“I take no pleasure in wreaking havoc on these folks”.. I believe these are probably your feelings now as you already have them roped, hog-tied, and just waiting for the official buzzer. After the fact when it dawns on you how many folks will have a positive resolution… well think you’ll feel different. Kinda like bringing death and destruction from above for some poor grunts in a Fire Support Base being overrun by Charles. Some of the FNG’s having already shit their drawers knowing they will never ever again see the sunrise. BAM… BOOM… WHAM… After getting the crapola smacked outta them from an unknown warrior from whereabouts unknown, Uncle Ho’s followers have a change in heart and decide to “leave the kid alone”.
Throwing this boulder in the pond will send ripples for years, and many deserving Vets won’t have to throw their own rocks.
Brother NOD your mission of yesterday morphed into the mission of today. Rough ride back then and rough ride this time around…. Headed toward the revetment. Thanks is not enough, but all we had then….and now.
In the real world perjury gets you fired and sometimes charged with crimes. How sad that is business as usual with the dept charged with aiding our heroes
And the beat goes on….and on, and on, and on. Until the day when fresh eyes can see the travesty.
That’s the tactical advantage of striking so soon in the same vein for something equally as egregious as whacking you from 100% to 0 for missing a c&p in 1997. Imagine winning and they refuse to pay you and tell you to go piss on a flat rock in DC. The boorish behaviour is learned while working there-indeed carefully nurtured. It’s almost akin to North Korean brainwashing in the 50s. They honestly and altruistically believe strongly that they are objective and pro Vet. It’s merely an odd unfortunate coincidence that only 15% of the myriad applicants ever prevail. I hope the article will teach many how not to do a claim. The Writ is a tool of last resort. The Court takes on the mantle of a factfinder and becomes a Court of Equity in these instances. Continued travesty is met with ever-increasing sanctions. We hope for the same outcome here as with Erspamer, Harvey, Poussan and Groves and perhaps even a bit more to chisel in a new toehold in this exciting facet of VA law. Extraordinary Writs outside the VA are almost unheard of.
My CUE sits with district court after 8 years going through all levels of the VA. Wreck havoc if you please.
Wreck havoc on the VA with pleasure! These dirty bastards deserve all they get and more. They have f****d a couple of million vets at low estimate out of mucho green, including me. Kick them one time for me.
Do you think Judge Davis is already aware of the fact that Ms.Lofgren wasn’t even employed by that RO when the events of which she swore personal knowledge took place there? You were very polite and reserved in not pointing that out as the reason her attestations fell under the category of hearsay. Not to mention that she clearly did not personally verify even the simplest of facts, the payment to you, which begs skepticism of the other “facts” she’s sworn that she has personally confirmed. It looks like they’re so used to winning writ petitions that they’re giving minimal attention to yours, expecting the same outcome. Also wondering why it appears you didn’t challenge it in the Motion to Strike on the basis of it being new “evidence” submitted to the Court that was never before the Board, which is then inadmissible, which you’ve discussed in detail previously. I like to hear about strategy in cases like this, you never know when we may need to do something similar in our own appeals.
This Writ was carefully constructed to avoid being thrown out. It has been guided by attorneys across the continent will probative input. Each motion is designed to reveal the VA’s intransigence. McNabb would have normally just complied with the Writ demands but the habit of delegating authority down to the janitor runs strong in this Agency. Seattle’s “Let him eat cake while he waits for his c-file” is not going to sit well with the Judge.