Hot dog. Nothing I like better than talking about VA’s myriad problems. The only thing neater is talking about real justice, or as close as we’ll ever get to it at the Court of Appeals for Veterans Claims. They used to go by The Court of Veterans Appeals (or COVA) and everyone seemed happy with it. Sorta like SCOTUS-easy to pronounce and it rolled off the old tongue after a fashion. As with all good things, someone just had to come along and fustercluck it into an unpronounceable acronym-CAVC. Ca-vee-chee? Cav-cee? Cavic? Aruuuuuuuu?
Since everyone is into “retro” now, I say we return it to its former glory-and pronunciation- if for no other reason than to facilitate ease of texting. Imagine how much more sense it would make to text your NOVA buds and thumb in :
“cova just gave doug (rose emoji)nski the whole nchilada in 17-1117. #novahighcotton(thumbs up emoji)”
But that’s not why I called you all here. Jerrel called while I was busy helping my buddy Butch in his never ending travails with the VA. I didn’t get to talk directly but agreed to do a show with him and John this Thursday evening. Please tune in on Hadit.com’s podcast live that evening with a cold one at 1900 hrs on the (L)east Coast or 1600 on the Left. They’re all recorded so you can actually listen to it later if you so choose. But, if you’d like to call in, I’d be happy to backfill a blank spot.
The subject will be -what else -Extraordinary Writs of Mandamus. How to. When to. If you should. What they do and don’t do. And why your odds of getting hit by lightning while cashing in your record- winning Powerball Lotto Ticket are far higher than getting the Caa-vee-chee to grant one. But don’t lose heart. Winning an Ex Writ isn’t the name of the game. It’s all about filing one.
I’ll show you a few things I’d do and certainly things I would never do. I’ll explain why you have to have the patience of Job in order to wait two years and some change for a SOC they’ve forgotten to write. Why you’ll need a lot of postage stamps. By rights, you’ll need calluses on your finger pads from all your typed entreaties to please finish the claim.
A trip to the Cavic seems daunting on it’s face. I know. I was shakin’ like a leaf on a tree when I filed my first one back in 2010. I got my ass kicked. It was the biggest waste of a U.S. Grant coupon I ever pulled out of my wallet. Note to self: Don’t ever begin an Ex Writ when you’re having multiple surgeries in a VAMC whilst being hosed with Dilaudid. Especially VA’s Binford™ 5000 automatic IV dispenser with the 15-minute ‘Supersize me!’ button. Baaaaaaaaaaaaaaad idea.
Since I’ll be speaking from the pro se, representing yourself pulpit, I’ll give you the crude version. There are also numerous examples on my website here in Extraordinary Writs in the “Blogs by Subject” Header down the right side. Your ability to file a fairly good product at the Cav-cee is only limited by your manual typing dexterity and familiarity with Microsoft Word©. No expletives deleted. No sexist remarks. Double entendres are permitted but not encouraged. Tune in for more Thursday post meridian.
Be there or be square. the call in number is
(push #1 to join the conversation)
JapanMan goes to Eye Doctor. Eye Doctor says “I know your problem; Cataract”!
JapanMan says “No, I have Rinkin Continental”
Happy Hollow weenie
I went to CAVC via my lawyer and we all got our asses kicked. It was sort of like The Old Bailey in the time of Dickens. The letter of the law is all that counts and you are lucky if you escape hanging. It was more adversarial that a criminal court because you (the accused so to speak) have few rights. You are presumed guilty of not having a case worth a damn or you would not be at the CAVC.
I’m 3/5 at the Court, John. I knicked them in the high six figures. You just have to have the Perfect Storm- an amazing confluence of irrefutable evidence even Homer Simpson’s trick monkey Mojo could figure out. Win or Die. The truth is you win because they cannot get a toehold in your logic with something quasi-logical that would rebut it. I grant VA this. They are artful deniers but the M-21 occasionally “shorts out” and what sounded logical for years (like Walker v Shinseki on §303 (b)) suddenly changed the legal posture 180 degrees. Back in the 70s-90s, they began calling things “acute but resolved by separation and was not considered chronic”-BUT- they illegally used §3.303(b) to demand your disease or injury be “chronic” whereas it really only had to have occurred in service. But if it ain’t on the §3.309 lists, it ain’t chronic, hoss. It cuts both ways.
We call that road kill over here… and as long as the buzzards ain’t took the first bite….Momma sharpen the knives.
Roger That. Them rear haunches look pretty limp. Might want to turn them into jerky.
Thank you Asknod 6:00 pm Central time..jc