Jerrel caught me shoveling horse apples in the bottom pasture when he called the other afternoon about doing a show. It (shoveling manure) reminds me of my dealings with the VA in many respects. But that’s another story we’ll talk about some other day. I think it gives me time away from the office and a chance to let my mind wander and sort out some of the intricacies of VA law. Poop-scooping is one of those pastimes where men can actually accomplish two disparate jobs simultaneously. Women call it “multi-tasking” as though it comes naturally to their sex. I’ll buy that.
I’ve been doing a case for an §1151 claim for old friends and really never have toyed with this entitlement to service connection before. Think of the myriad rules in a CUE (clear and unmistakable error) claim and you’ll find many similarities. About the only major difference is that you don’t have to prove that the error manifestly changed the outcome. It’s pretty obvious your liver just bit the dust when your eyes look like they were marinated in FD&C #2 Yellow food coloring for a week..
We’ll discuss that facet of VA law this afternoon at 1600 Hrs on the left coast and 1900 Hrs back east. We’ll also discuss §1151 claims versus a Federal Tort Claims Act (FTCA) filing for malpractice. They are two pathways to the same basic thing but the FTCA claim is a finite, one-shot deal versus an §1151 monthly VA check until you kick the bucket. I’d compare it to a winning Lotto ticket. You can take all the money now in one fell swoop with about a 50% loss (FTCA) or make them keep paying it out over your lifetime (§1151 claim).
At any rate, we’ll probably talk your ear off so come on down and sit as spell this afternoon. Put your feet up and pour yourself an iced tea or one of those Long Island versions that make you feel fuzzy. Here’s the web link http://www.blogtalkradio.com/haditcom
To call in and talk