John and Jerrel have invited me to come spill the secrets of the NOVA Witches and Warlocks Supreme Council in Lost Wages, Nevada last week. I gladly do so in hopes none of this valuable information is buried but rather dispersed far and wide. What we learn to help others should never be hoarded and kept in a locked room. This is the primary reason for NOVA’s spring and fall conferences. Unfortunately, I am not able to bail on harvest season to go gallivanting hither and yon for legal acumen. My tryst is always spring after the tomato starts are safely birthed.
Eagle-eyed horticulturalists will spot the cilantro in the foreground and try to call me out. Well, excuuuuuuuuuuuuuuuuse me.I have a powerful hankering for that in my salsa and my last batch bolted. I think the tomato count was about 488 yesterday morning and they’re still popping up like popcorn.
The show Wednesday will focus initially on DRO reviews. I learned a passel of goodies in that class. The one on VA agent training for the test was even more intense. I’d love to share that one with any of you who aspire to that high calling. The information is proprietary but by no means unique and unheard of law. As most who know me will agree, it’s just a springboard to more audacious behaviour. I can never sit still when I consider the enormity of the crime being perpetrated on Veterans. The more regulations I read the more I discover how dumb I am. Did you know we have the power to subpoena a VA doctor and/or his curriculum vitae and present it as evidence? Did you know you could ask for a “Predetermination hearing” to allow a briefing to the VSR/RVSR who will be adjudicating your claim —before they decide it? Think of it as a “pre-denial review.” You can make certain s/he doesn’t come down with a bad case of dumbitis right before doing your claim or go temporarily blind and miss the exculpatory evidence. Pretty cool beans, huh?
If that doesn’t perk your interest, maybe the abysmal report from Mr. James Ridgeway Chief Counsel for Policy and Procedure (and a BVA VLJ) will. He sees seven lean years of slow BVA progress until the appeals subside. Newsflash. We just finished 16 years of continuous warfare and a Marine bought the farm last week in Iraq. What part of Appeals Nightmare on Elm Street don’t these chuckleheads get? Their own current statistics are projecting a certified appeal today will see the light in 3.5 years sans remands. Let’s do the math. 60, 000 claims in each year. 40,000 out currently. They’ll catch up in… (use VA core math). Ridgeway estimates a million appeals on “hold” in 2020. Then the shit really begins to hit the fan.
Mr. Ridgeway is an avid advocate of the new Fully Developed Appeal. That might seem like tongue in cheek humor but it isn’t far off the mark. The lengths the BVA is willing to go to fix USB Allison Hickey’s VBMS hurry up and wait program is legend. All manner short of outright suspension of any rights to due process is subject to rescission in order to make this go away. Their desperation is palpable. You thought the VA budget was in trouble? Try adding about another one hundred or more VLJs to the payroll at $150 K + and see Congress’ eyes roll back in their collective head. What do you do with all them leagle beagles when this phenomenon finally subsides? Right. Sub it out to 3M or Xerox.
As for my favorite Vegas hobby, I was not disappointed. Cupcake made me refrain until school was out.
The show will begin at 1900 Hrs on the East Coast and a far more civilized time of 1600 Hrs on the left. We welcome callers and will be happy to hand out tips on the care and feeding of one-armed bandits. The call in number remains
“Did you know we have the power to subpoena a VA doctor and/or his curriculum vitae and present it as evidence? Did you know you could ask for a “Predetermination hearing” to allow a briefing to the VSR/RVSR who will be adjudicating your claim —before they decide it? Think of it as a “pre-denial review.””
Very cool beans. Are there special forms for the subpoena and predetermination hearing requests? Can a pro se vets take these actions?
There are no special forms. Address the hearing request(s) to “Court Division” and identify you VARO. As usual, send it in w/greencard to Cheeseville WI 53547-4444(of course).
Is a pre-determination hearing equivalent to the discovery process, that is, can we determine what the exact evidence is on record that the VA is using to get a sense of the outcome, before they actually make a formal decision? Can a veteran access this procedure representing him/herself? Will be listening, thanks!
A pre-determination hearing is to make sure these chuckleheads are going to look at specifically what you present to them to look at and not “disremember” it come ratings time. All documents will be a matter of record both before and after the hearing. In essence, you perfect your claim as you might have to at a DRO hearing. This way there can be no confusion come ratings time like ” the record does not indicate the claimant ever had hepatitis in the service” when you already presented the STRs to prove it.
ANod….Had to look up “curriculum vitae”