They say the third time is the charm. Golly doggie, I’d hope to think so. Judge Bartley kinda got a little hot around the collar on my last foray to try to pour concrete around the  Individualized Independent Living Program (IILP)”plan” (CAVC # 17-1450). The way I read §21.92 is a normal progression of 1) plan (§21.92(a)); 2) approval of all stakeholders (§21.92(b))  and lastly 3) Implementation of said plan (§21.92(c). Seems it would be a shame to pour a pad for a 20′ X 28′ only show up with enough lumber to build a 15′ X 20′.

I built a daisy of a 3,800 SF 4 bedroom in the spring of 07 with individual baths and the blueprint  called out a rather dramatic 10/12 hip and ridge with enclosed soffits and Chinaman’s hats on the corners. The truss truck shows up with 4/12 Gable trusses. So who stepped on their necktie? Who cares? A little bit of communication keeps everyone on the same page. This is why I tried and tried to get those VR&E pukes to  write it up and keep everything “transparent” as they like to say down at the new Denver VAMC.

Back in April, 2016, my case manager showed up for the grand consummation of the IILP plan, whips out the old pen and the VAF 28-8872 and says sign here and we’re in business. I mean this old boy would have made a killer aluminum siding salesman. I ignored the urgently proffered pen and began to read. When I went back to Page one for a second BDA, he began to get ruffled and make inarticulate “throat” noises while he studied his fingernails. I couldn’t find any size for the greenhouse listed. I’d initially asked for a 24′ X 48′ in 6/12 pitch to grow those Jack and the Bean Stalk tomato trees in the middle. I figured that was a good ante to see what this poker game was for. I looked up and asked the big burning 800-lb. gorilla question-how big is this offer? Appeared that would be determined based on studying chicken entrails later on that night  after dey be casting dem bones, mon. I deferred, declined and said I’d need a mutually agreed-to plan that spelled it all out sans entrails and teas leaves. I was told this was really going to throw sand in the “plan” gears. A size? Sacré Bleu! How uncivilized. The dolt demands to look the gift horse in the mouth.

Finally, in July, the word went out. The IILP plan was formulated. All signatories would convene in the hallowed garden area at 1000 hrs and stake out the….15 X 20. I declined once again to sign the 28-8872 and the 90-day clock began. This began the first Ex Writ (CAVC 16-2098) Judge Barley pointed out that this required a mutual agreement  from all per §21.98(b) after I briefed them in on it. That made October 14th, 2017 Bingo Day.

We did some intense bargaining as the days wore on and finally, on that very last day about 43 minutes to Bingo, they began agreeing…to anything… to everything… I coulda asked for a winning Lotto Ticket and they would have agreed. I knicked them for a couple of years of VBM to give to friends (a $350 per year bennie) and kicked myself that I didn’t ask for a life subscription. Of course, now, in retrospect, it looks like that was mere window dressing and an elaborate dog-and-pony show of the highest calibre.

CAVC #17-1450 was a little premature. I should have given them more rope to clothesline themselves with as they did anyway. I apologize profusely to the Court for that one. I knew they were going to cheat but I didn’t have the smoking gun yet. Boy howdy did that all change as you will read about here. It’s like Arlo Guthrie said in Alex’s Alice’s Restaurant about the “city’s finest taking glorious 8 ½ X 11 glossy color photographs” of their garbage for evidence. Well sir, I submit I caught these boys with their fingers in the pot and they left themselves a passel of evidence on the trail to this Texas Necktie party.

My mentor Bob Walsh always intones the phrase “belts and suspenders” folks. Always have support for what you claim in law. Finding that perfect analogy is the only challenge. You want to find the perfect case that most closely parallels yours. What better analogy than the immortal Extraordinary Awards Procedure EAP where Director, Comp and Pen Tom Murphy was taking a chainsaw to your huge retro check behind your back. Busted.

Enjoy. Pop an IPA, get the popcorn popped and sit back for a perfect ambush story. This is more akin to the Gang Who Couldn’t Shoot Straight meets Godzilla.

EX WRIT 18- FOR FILING 2-20-18 Redact





About asknod

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


  1. Gary Butler says:

    I do so much appreciate a wonderful template! By the way Abbyy Fine Reader will reduce the size of your document from 3 to 1 meg and it makes it all a searchable document and as bonus automatically rotates your appendices to portrait layout.

    • asknod says:

      Jez, Gary. I’m computer illiterate. I thought the cites were spot on though. That EAP game in 2008 even bit me on the buttocks. They wouldn’t go back to 94 without a full-blown appeal to the CAVC.

  2. azeejensmom says:

    Well done 👍🏻

  3. Kiedove says:

    The reviewer(s) thinks he is personally authorized to change the law AND renege: “to go back on a promise or commitment.” This is the VA culture.
    Thanks for taking a stand –again and again. Wonder if the director keeps a Graham vudu doll in his desk drawer and sticks pins in it daily. I don’t know, maybe Seattle RO needs a real live exorcist since they are unable to stop “speaking in tongues” or writing in tongues.

    You’d think they would want you to be busily growing plants in the awarded greenhouse as soon as possible to get you away from your keyboard and occupied with VA matters for a few hours a day.

    (Typo? p. 31 date?)

    • asknod says:

      Yep a pro se mistake. I was going to file as an officer of the Court but decided I’d get more sympathy as a poor Vet. Minor error thank God.

      • Kiedove says:

        Ha ha. I think they only have sympathy for their devilish selves and the saintly ones keep a very low profile.
        Reminds me of Mick’s “Symphony for the Devil.” “Pleased to meet you, hope you guess my name, But what’s puzzling you is the nature of my game.”
        Here, are we not puzzled by the nature of their games?
        I dunno know, maybe someone knows an experienced exorcist that can drive out the evil spirits since not much else is working. Talk about bad opics if public!

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