CAVC–BIRTH OF A WRIT- ACT III SCENE 8-DOWN FOR DOUBLE


vetcourtappealspromoA short while ago in VA time, when I won my claim in June 2008, I noticed they (VA) forgot to go back to 1994. That wasn’t a deal breaker. I knew they weren’t going to pony up without a good fight. What I didn’t see coming was the rater, Victor Morales convincing  me to throw in the towel on my newly filed claims for cryoglobulinemia and fibromyalgia. I didn’t know I was going to win the Hepatitis and porphyria claims when I filed them. I felt it was prudent to file for any that might kill me.

When I was told of the big 100% win over the phone, the rater said there simply was no higher rating and it might be a good idea to let some of the other Vets in line get a shot at justice, too. I readily agreed and withdrew the claims. Unbeknownst to me, they were completely developed and ready to rate back in September 2008 when I pulled the plug. There they have sat complete with private doctor nexus letters for seven years.

images

Dad and crew chief in November 1944 (only three kills on canopy)

When the VA tipped their cards and indicated they would not be granting the Motion to Revise my 2008 rating, I figured I needed a down for double path to an extra 60% to attain SMC S. I had 40% for porphyria and 10% for tinnitus. In VA math I needed another 20% for anything to get to the S rating. My two diseases above would grant me enough to reach the 60%. Problem solved. Unfortunately VA buried them somewhere and never made any effort to decide them. Fast forward to March 2015 and a red hot Writ.

In typical fashion, VA chose to run around the vehicle in a Chinese fire drill. They granted the SMC S under another method  but still continued to develop the Cryo and Fibro. Had they a good negotiator, we could have saved them oodles of time. Mr. Mark McNabb could have  offered to teleconference with LawBob Writpants and make some quick off the book deals which would have been greeted fairly. Instead, in true OGC fashion, Engine #6 was dispatched to 625 Native American Ave. NW and Mark was instructed to put out the fire poste haste and call in another ladder truck and a tanker if necessary.

Several days ago, on Friday, I attended my required C&P examination for cryo and fibro at QTC. Everyone including the doctor was swell. Cupcake helped me in and out and we both told a sordid tale of a year in the VAMC, bodily insult and infections. Dr. _________ gave me the exams which involved an oral interrogation for the cryo symptomatology and the pressure points to ascertain Fibromyalgia. A quick tube of blood and we were history. Coming out, a fellow Brother of the Red Clay had a lovely bumper sticker I must possess.

Vietnam — We were winning when I left.

downloadThe naming of this chapter is a memorial to my father. His fighter in WW2 was named the same -Down for Double. Dad was very fond of this Blackjack trick. It often guaranteed two payouts. He also was fond of keeping the sun at his back in true fighter pilot fashion. Don’t worry about your six. That’s your wingman’s job. Concentrate on the hunt. The hunt here was for that elusive 100% for porphyria but now VA has compounded the bet by forcing me to go down for double. When all is said and done, my actual rating may be well over 250%.

Excuse me but this is becoming ludicrous. I want them to husband scarce judicial resources and grant that which is blatantly evident in the c-file. VA is so obsessive-compulsive they feel obligated to proceed strictly by the book. Considering McNabb has great leeway to “arrange” these things, one can only wonder at the Keystone Cops comedy that is unfolding each day. Cupcake counted three assistants and the doctor at the C&P. That will run about $ 850 for each exam.

Add in turning the Seattle RO into an exclusive claims center for one Vet all week on the 17th through the 27th of February and you’re talking some serious baksheesh.  Across the country McNabb and his little people put a dent in the National debt over the same period.

I feel at this stage as though we are dealing with the Gang who couldn’t shoot straight. All you budding law dogs should take note. This isn’t a claim on appeal and OGC’s staff attorney is normally precluded from addressing you directly. The accepted way to proffer a repair order would be to do it in the Respondent’s response and retire gracefully. VA is still trying to play the incremental game of slowly advancing your token up to 100% from 10%, then 40% and the latest 60%. We are at seven years on this now and I grant you they have reached 60%. That last hurdle is what we will negotiate in the next few days.

It never ceases to amaze me how many resources can be deployed to defeat a Vet for such a long time to stave off the inevitable. Surely, someone with basic forensic claims skills could have fathomed this. You don’t need Hooked on Phonics to accomplish it. Nevertheless the Blind continue to lead the Deaf and get well-paid for it. I cringe to think how much time and money is being squandered to fix something so obvious for so long. We look at this claim and see the rot, the entrenched mindless regimen and the futility of accomplishing anything in a timely fashion.

FOPEJV1HLZROC8J.LARGEThe next few days will be anticlimactic and then Judge Davis will inveigh. That will be the “fat lady singing” moment that indicates it’s over. Or not. Could be McNabb will become incensed and throw down. Stay tuned. I’ll remember to keep the sun at my back. LawBob is my wingman so it’s his job to cover my six. He seems to be doing that quite well.

 This is a continuing series on how to file an Extraordinary Writ. Click here to read the final installment. All in all it was quite successful in provoking Secretary Bob into acting.

https://asknod.wordpress.com/2015/03/22/cavc-birth-of-a-writ-act-iii-scene-9-welcome-to-the-hotel-california-again/

About asknod

VA claims blogger
This entry was posted in AO, BvA Decisions, C&P exams, CAvC HCV Ruling, CAVC Knowledge, CAVC ruling, Earlier Effective dates, Porphyria Cutanea Tarda, SMC, Veterans Law, Vietnam Disease Issues and tagged , , , , , , , , , , , , , , , , , , , , , . Bookmark the permalink.

15 Responses to CAVC–BIRTH OF A WRIT- ACT III SCENE 8-DOWN FOR DOUBLE

  1. Gary Butler says:

    For your next book or e-paper I would sure like to see something on CAVC… I read a small book edited by Ron Smith, but it was geared towards those who already practice law. It would include all the “how to” part, like this font double spaced etc. AND some hints of spotting in the BVA decision what to hang your hat on 😉

    • asknod says:

      I am waiting for the claim to be finished. VA seems to be in no hurry. I thought it would all be done in the Extraordinary Writ. Alas, I underestimated the intransigence and lengths VA was willing to go to drag this out.

  2. steve says:

    heres another.. VIETNAM,, WE DIDNT LOSE,.. WE LEFT.

  3. hepper74 says:

    I wish you well, as always, but who is watching them deal the cards? seems as though they are masters at dealing from the bottom.

    • asknod says:

      These guys always manage to engage the toilet paper in their pants and trail it out the door behind them. A c-file is often a compendium of their errors and the tracks are immortalized for all to see later. Mine certainly were.

      • Gary Butler says:

        Yup my .Pdf C file includes pictures of black man (named with C file number) having a skin condition he wants rated. The only problem is I am white and don’t have a skin condition…

  4. Kiedove says:

    (kry-oh-glob-u-lih-NE-me-uh)–Had to look this up even though I still can’t pronounce it. As Hepper often remarks, we need to gather up these diseases related to HCV, since so many are potentially killers, like your cyro, and see what we can do about them.

    HIV research is so far ahead in this regard, even in the VA. I’ve read research that shows Vets with HIV actually have better outcomes at the VA than they do in private care. For example, the VA will admit them to the hospital when needed (for so many associated conditions) whereas private care likes to keep them out of private hospitals. There are also social reasons. Veterans feel “safer” and more comfortable at the VA for this infection. On the other hand, the VA has not been as successful treating veterans with HCV and associated conditions are not taken as seriously or acknowledged it seems.

  5. mikey says:

    Your Doubling Down someday will payoff for you. But remember, like in Vegas, the House wins most of the time.The VA knows that they are money ahead. They will out live the Veterans,break their spirit and just as odds are in Houses favor, time is in theirs.We all see the numbers of Veteran victories, how much paid out, but what would the numbers say if we all got what we deserved and when we deserved it.The numbers would be boggling and probably bankrupt their system. They can’t afford to do the right thing. I just wish they would balance the scale more. So many of us are trying to fight them and exist with most getting less than 30% disability. We can’t afford to be sick, yet we are forced to by things that were out of our control. Mikey

    • hepper74 says:

      And thus the reason for this blog. We are here for a purpose and we call em like we see em. We are ready to assist any and all Vets work through the maze. My sensei is very well versed and has imparted massive amounts of knowledge. Ask and yea shall receive.

  6. david j murphy says:

    This posting reminds me of the conversation I had with the appeals rater in october 2014. As I was showing him all the statements that they had placed in my rating saying diffrient things he told me” I am actually going to go in and read your rating and the doctor’s reports”. Sounds kind if stunning at first. You would thing someone in the food chain would sit down and actually read the case and cut their losses.

    • hepper74 says:

      Easier for them to put things on hold for an even longer period of time. Believe me brother I know from whence I speak. Currently stonewalled, lied to and ticked off in CO.

  7. Kevin says:

    Sir Alex,

    Perhaps I should endeavor to say that you honestly deserve a Sainthood after this is all over. I cringe to think of this as a master chess game with each piece slowly measured to advance towards the opposing player. You have battled this for so long that its time for the VA to give up and give into your win. After all, you did win already, now its simply time to pay the piper (you), your dues:) I wish you continued success my friend, and thank you sincerely for your help with my own plight…

    ~Kevin

    • Kiedove says:

      Like the “Sir” for NOD is certainly knightly in this struggle.

      • asknod says:

        I am most assuredly not Knight material. I’d characterize myself more along the lines of the Whitesnake song:
        “Like a hobo I was born to walk alone.”
        After 22 years of this, I can almost do it in my sleep. I’m almost there for the majority of the compensation game. The ILP is going to be a big bone of contention and I/we hope to carry it to the CAVC for all of you to benefit from.

    • asknod says:

      We are all differently abled and bring different assets to the game. I can’t say I enjoy the legal sparring but it keeps me on my toes. That it provokes more help and knowledge to help unravel this outfit’s shenanigans is a byproduct-albeit a valuable one. One phrase says it. Win or Die, sir

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