February and March have been fortuitous months for wins, apparently. I haven’t been on a roll of this magnitude in years. We began with Leigh’s win and Kelly’s was right on it’s heels. My Writ compounded it with interest and almost immediately I heard from Miz Vicki telling me of hers and her husband’s long battle to the Big House for justice. Writing that book is beginning to have a financial impact on VA. Concepts like nexus letters and credibility determinations are now becoming household terms in Veterans’ lexicons.
We can only wonder how it is that our VSOs disremembered these important ingredients all these decades we have fought for service connection. I read a DAV honcho had stated he had 16 (sixteen) months of training in the field of 38 CFR and considered himself an expert yet he was unaware of any bump in the SMC if you had an additional 100% rating above and beyond the first one. Sixteen months, ladies and gentlemen. I want to see their chapter on providing IMO/IME/nexus letters and a careful briefing admonishing the Vet filing to make sure he obtains one. Seems that chapter is AWOL and always has been. One quick look at recent BVA decisions reveals they’re still holding that knowledge captive like the ILP entitlement. Here’s a recent example:
Anyway, let’s rejoice for Vicki and Phil. A long journey into the night has finally concluded. It’s all over except for the rating. That will take some time as the BVA hates to be the loser. After they finish pouting for a few months, they’ll get to work.
Vicki and Phil have been fighting this as long as I fought my claim for hepatitis and AO-1994. Twenty one years of denials and obfuscation. So much for the CAVC and BVA’s admonition of RFN. VA most assuredly marches to the beat of their own deaf drummer boy.
Here’s another claim to put away in the win file cabinet. By now they are too numerous to count. Strangely, that is satisfying. I do know we have only had three that lost outright and I still hold out hope for a win on Malcolm “in the Middle” Melancon. He has an excellent shot at a CUE claim for VA’s and Navy’s mismanagement of his separation while still jaundiced with active HCV (misdiagnosed as HBV) in 1990. All in good time.
For your reading pleasure. Curl up with an ice cold IPA and read of Miz Vicki’s adventures in VALand. They had an able law dog in the person of David E. Boelzner, Esq. We hope his phone will be ringing off the hook with breathless Vets in search of his expertise. You can reach him at: