A 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.
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.
The 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.
The 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.