I will want to die beneath the white cascading waters
She may beg, she may plead, she may argue with her logic
And then she’ll know the things I learned
That really have no value
In the end she will surely know I wasn’t born to follow
A million words struggle to be first in my typing fingers. Twenty seven years of fighting VA and they still have not learned who they are dealing with. A great song-that one above. Carol King’s lilting version was good but when you add the Leslie speaker as the Byrds did, you have a hit. The ‘she’ is a figurative collective pronoun for Mother VA in my mind. That was the logic of the title choice. Many ask me what provokes a certain song title to attach to a blog post. I have no idea. It just happens. Obviously, I don’t think in Rap. Almost all the best music ever invented happened before 1980 in my mind.
Politically Incorrect Aside before proceeding
Imagine the 2020 census form under
sex sexual preference. See how we have “evolved” in less than ten short years? There are now six forms of Homo Sapiens which will soon all be demanding their own bathrooms. Great news for plumbers and contractors. Shovel-ready jobs.
L [ ]
G [ ]
B [ ]
T [ ]
Q [ ]
H [ ] check one: M [ ] F [ ]
Now, to business. CAVC Case Docket # 16-2089 for Extraordinary Writ was accepted and the check cashed Friday morning 9 AM Left Coast. I cheated and went pro se so I don’t rack up a huge dollar deficit with LawBob Squarepants up in Battle Creek. There’s no money in this filing for an attorney so I filed it myself. Being pro se, the Court overlooks a lot of things too- like I filed two instead of the requisite eight copies to them. I also figure Ronald McDonald, OGC Leigh Bradley, and the rest of the
defendents respondents have their own copy machines. If they want more than one to pass around, it’s on their nickel. Being pro se allows them and you to presume you have a room temperature IQ and can’t read all them highfalutin’ regulations. Call it the Presumption of Stupidity. It’s another legal protection we enjoy and employ as Veterans.
Using Your Writ as Harassment & Interdiction Fire
My Extraordinary Writ was filed to force Special Forces Team Member Bob McDonald to cough up a greenhouse or explain what the problem is in English rather than VAspeak. This Writ is what we call H and I (Harassment and Interdiction) fire. In Vietnam, when firebase guys with 105s and 155mm guns (think big like six inches-plus) were bored or had nothing better to do, they’d kite these puppies off into Indian country just to piss Capt. Chuck off. Imagine one of them arriving out of the blue 22 miles from its origin just before a nutritious serving of fish and rice soufflé with one’s Darjeeling tea at noon break. Boom. The soufflé falls flat and everyone is très en colère. NVA commanders were known to drop you from their Tet card list for less. A Writ has the power to do that too.
In all the history of Extraordinary Writs of Mandamus before the Court of Appeals, the numbers won can be counted on your fingers. That’s not the object. Knowing you’ll get a cogent answer or remedy some long-delayed action on what you asked for is the objective. It’s a game of bluff. You know, the VA knows and the Court knows you’re going to be denied or dismissed in 999 out of a 1000 cases. Thus, the sole reason for a Writ becomes an attempt to fix something RFN. If you won and they haven’t paid you, file a Writ. If you won and they remanded it to the Twilight Zone RO in 2013 never to be seen again, file a Writ. Filed a Notice of Disagreement in 2014 and still waiting for that DRO Review? File a Writ. This is a variant of the new VA game named “Call Me” our latest VA Secretary invented and was espousing last year. In this case, the email doesn’t go to SPAM. The cell phone message storage isn’t always full. In fact, the Court asks VA to explain why Johnny Vet is conflicted and what they intend to do about it.
In 45 days, it will be resolved one way or another. Magically, the OGC’s attorney will file an
apology answer about 30 days later asking the Court for another thirty days to look into these disparaging, unsubstantiated allegations. After 45 days, they will discover nothing wrong-just like the VA’s Office of Inspector General. It will not be substantiated that the VA secretary is arbitrarily refusing to perform his ministerial duties. Quite the contrary, just two weeks prior to this answer, the VA Regional Office will hurriedly issue the missing DRO Review and pretend it was in the process of completing it all along. The coincidence is remarkable in that this very same phenomenon happens about thirty times a month at the Court. Vet files Writ. Court asks VA whazzup? OGC responds with “We honestly haven’t a clue, your honor. We’re plumb mystified. We mailed that out over three weeks ago. USPS ain’t what she used to be, I reckon.” The upshot is simple. Vet gets Fully Developed Denial (FDD) and is off to get in line at the three-year queue in front of 810 Yellow Brick Road NW. A win-win for everyone. Writ dismissed.
This is also a quick way to get your c-file if you have been hammering the VA for over a year. Cite a few Due Process and FOIA statutes and presto!-instant C-file. Eventually, something has to give. The Court is not happy that we are using Writs for a Q&A forum with VA honchos. Eventually, Secretary Bob is going to be forced to ask his little people to start answering their phones. No more three day waits for the 800-827-1000 Dial a Prayer to get back to you. There are very few times you can use H&I on the VA Cong. The Writ is one. Pro se status insulates us against retribution.
There’s nothing to see yet. That’s not the point. They have accepted it “as is” so it passed muster. The Court no longer allows us to view the pro se pleading or declaration of empty pockets for the filing fee. I always pay to help keep the Court solvent. $50 for an Extraordinary Writ? There’s Mastercard™. 45-day justice? Priceless. Here’s the Writ :
I always make them sound melodramatic and throw in a Mayday! or two. What the hey? You just know the VA is going to come back and call you a liar anyway so you might as well draw first blood and occupy the high ground in advance. Well, that’s all for today, kids. Tune in next week to see who I draw as a Judge. Today has been brought to you by the letter W and number three (3) Writ.
This is the second in a series of Extraordinary Writs for CAVC #16-2098. The series continues here