CAVC–CHISHOLM V McDONALD- I HEAR YOU KNOCKIN’ BUT YOU CAN’T COME IN


vetcourtappealspromoIn a bold strike, with an Extraordinary Writ, no less, Robert Chisholm and his Merry Band in Sherwood Forest, Rhode Island have won a dandy victory for all of us at the National Organization of Veterans Attorneys (NOVA). We all have employees who we affectionately refer to as Our Girl Friday who we need to delegate authority to. Now we can allow them to view Veterans’ files remotely without having to be a registered attorney or nonattorney practitioner. 

Robert V. Chisholm, Esq.

Robert V. Chisholm, Esq.

Imagine how that lightens Bob Chisholm’s load. Much like a Veterans Law Judge, everyone of us who can afford it, hires staff attorneys or paralegals to help triage the paperwork. In a firm the size of Chisholm, Chisholm & Kirkpatrick, I’m sure the principals have two or three each. CC&K does all the Disabled American Veterans (DAV) losses from the BVA to the CAVC. I imagine they do a land office business trying to repair about eight years of legal disasters. Well, that’s why there’s NOVA. Eventually someone comes along and tells you about that  Philippine Guerrilla Fighter Veteran in Manila named Mario Caluza and his epic battle with Jesse Brown.

secret-sqjuirrel-2Congratulations on winning (partially) an Extraordinary Writ forcing Call me Bob to allow us more access to the one document (claims file) that we can actually use to win with. What’s with all this Secret Squirrel crap? You need the magic password to view it but no one else can? Spare me. VA loses more computers and wastes more money every year endangering Veterans information than a handful of inept  CC&K paralegals will ever accomplish in a twenty year career. Gals like Heather and Shawn up at LawBob Squarepants’ law offices have more of an idea of COMSEC than a twenty year DRO ever will.

Here’s the decision. Lots of fun reading. CCK 5, VA 0. Again.

chisholm-v-mcdonald-ex-writ

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This entry was posted in CAVC Knowledge, CAVC ruling, Extraordinary Writs of Mandamus, Important CAVC/COVA Ruling, KP Veterans, NOVA Attorneys, VA Agents, VA Attorneys, vA news, Veterans Law and tagged , , , , , , , , , , , , , , , , , , . Bookmark the permalink.

One Response to CAVC–CHISHOLM V McDONALD- I HEAR YOU KNOCKIN’ BUT YOU CAN’T COME IN

  1. Kiedove says:

    Good work. I think this strategy can be used by other advocates when the Secretary delays making rules/decisions the Court has told him to make. I think the Court needs to give deadlines to force the Secretary to act on various matters that affect benefits. The Court has already done the heavy lifting for the Secretary. Surely two weeks should be plenty of time for the Secretary to write a few sentences? If they don’t push these out, it’s going to look like Winston-Salem in D.C..and the floors will sag from the weight of unissued decisions. No action? Then what? Lock him up–a political
    appointee?

    —————–

    “Although the VA Deputy General Counsel for legal policy has issued a statement outlining
    the basis for withholding access, the parti es have informed the Court that the Secretary has yet to
    issue an official decision on the matter, and has apparently refused to do so. The denial of a
    “decision[] by the Secretary under a law that affects the provision of benefits,” see 38 U.S.C. § 511,
    frustrates judicial review. See Cheney, supra. Accordingly, because decisions regarding access to
    claims files are rendered pursuant to a law affecting the provision veterans’ benefits, Mr. Chisholm
    is entitled to a writ and the Secretary will be directed to issue the requested decision, which may be
    appealed to the Board and ultimately the Court. See 38 U.S.C. §§ 511, 7104(a), 7252, 7261(a).”

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