vetcourtappealspromoTuesday’s on the phone to me-Oh yeah. (She came in through the Bathroom Window, Beatles). I note with some satisfaction the Clerk of the Court has uploaded my Petitioner’s rebuttal to Respondent’s Faery Tale. In this game of tennis, I’ve discovered you combat untruths as rapidly as possible to preclude post hoc rationalizations and mistruths from accruing and growing roots.

It dawned on me this morning that something amazing is transpiring here. On Tuesday morning, I received a phone call from our regulations-challenged VRC/VR&E Officer-in-charge at Fort Fumble that he ‘contended’ he had recently ( within the last hour) received a phone call from the VA Secretary. As he is frequently confused as to what he does and where/when it occurred (as evidenced by his “repeated consultations’ with me in the spring of this year), I presume he means he allegedly talked with one of the VA Secretary’s staff members or with someone in authority at VR&E Services in D.C. What the hey? Maybe Secretary Bob did call him and ask him if he had the vapors. If he believes he conducted numerous imaginary conversations with my doppelgänger, he may be laboring under the delusion he talked to “Call me Bob” as well. You know these GS-14 AFGE blowhards. They’re all name droppers.

What became apparent is that Mr. Boyd is operating in what we call a “real time environment”. My filings with the Court of Veterans Appeals had not been posted to the ECF docket appendix yet. In fact, it was not published until this morning or overnight. As such, it could not have fallen into the constructive possession of the Veterans Administration prior to delivery at 810 Yellow Brick Rd. in Oz, DC yesterday morning-fully 24 hours after Mr. Boyd’s phone call. Ruh-oh, Rorge. That can only mean Secretary Bob and the  Keystone Kops Krewe are reading this blog. Who woulda thunk it?

Mr. Boyd reluctantly stated VA Secretary Bob instructed him, that upon hanging up from their call, he call me directly and explain that he had been pulled from the case. He went further and explained that he would not be my VRC in the future and that my VR&E services request for a Greenhouse had been forwarded to Washington DC to “comply” with the BVA decision. No apology was proffered and none requested. I acknowledged that if asked, I would confirm our conversation occurred.

If VA SES poohbahs can use “realtime” communications like to access sensitive information as it occurs, just think what this means for VBMS. If every Veteran had his own blog, s/he could transmit live denials and express the rationale for why the denial was flawed. RO investigation of misfeasance/malfeasance could be instant or near-instant to rectify these rare mistakes and correct them promptly. From the record, it is obvious that VA could not have the requisite knowledge to call Mr. Boyd 24 hours prior to receipt of the OGC’s courtesy copy of the Court filing rebutting what appears to be the perjured testimony of Mr. Boyd.

clotheslineAh, the miracle of the internet. We live in exciting times my friends. Would that I could have been a fly on the wall for that alleged telephone call from Secretary Bob. Without seeming gleeful, I will note there was a marked change in Mr. Boyd’s telephonic demeanor when he called. Gone was the arrogant, self-assured persona and in its place was a hollow, resigned, seemingly deflated employee. Can’t say I didn’t give them about a mile of rope before I clotheslined them.

In this business, evidence is king. If you send pleasant emails chirping like a songbird and later find out VA has been reading to you from Grimm’s Faery Tales, it makes you far more credible when you finally pull the rug out from under them. VA uses the paper trail to hang you. I discovered the reverse is equally true. If they lie and say they planned your ILP in great detail with you and have no evidence, it’s lay testimony tenuously held up by the presumption of regularity. When you demolish the presumption with unequivocal proof otherwise, suddenly there is a presumption of lying. Throw a tablespoon of perjury in and you have a recipe for VA humble pie.


Petitioner’s rebuttal of Boyd fiction

Like sand through the hourglass of life. We’ll keep you all posted, hear?




This is the seventh in the Extraordinary Writ #16-2098 series. To view the next one click here


About asknod

VA claims blogger
This entry was posted in All about Veterans, CAVC Knowledge, Extraordinary Writs of Mandamus, Independent Living Program, KP Veterans, Tips and Tricks, VR&E and tagged , , , , , , , , , , , , , , . Bookmark the permalink.

5 Responses to CAVC–#16-2098–SUNDAY’S ON THE PHONE TO MONDAY…

  1. david murphy says:

    What is sad about this is that Mr Boyd will most likely get shoved upstairs and promoted.

  2. WindTalker says:

    This is cool. Your vast knowledge of vA, and the regulations, was brilliantly
    and strategically used to accomplish, and shorten the time it will
    take to accomplish your goal.
    Sending your rebuttal very quickly engaged Boy {d} in a most assertive way.
    He needs to learn some manners. How can anyone think it is ok to be insulting and
    disrespectful? Thanks for the education Sir Nod. It would be nice to learn there was some
    accountability and Boy {d} got an article 15, or worse.

  3. Edmund Davis says:

    Could I hijack (borrow) your blog to post my own grievances to Call Me Bob over VARO Reno’s shenanigans in denying my claim? That way he can read them here and get back to me by tomorrow morning to grant my every wish.

    • M.S. Frank says:

      Likewise, for VA shenanigans v. me (12 years, and counting).

    • asknod says:

      Hey, I called him late last week and had one of his gal assistants on the horn the next day. She just gave me the “we’ll look into it” and I could tell from that lukewarm response it wasn’t going to catch air. But now with a three-ring circus at the CAVC, VRE HHC and Seattle Fort Fumble with a side of Congressional eavesdropping, it all seems to have accelerated somewhat.

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