FEDERAL CIRCUIT JUSTICE


Cupcake asked me to blog about this anomaly. Imagine filing your VA claim at the local Fort Fumble.  You wait 125 days (right!) for your denial. You are then in for a long wait for an appeal. We’re talking six years currently on a downhill claim that is sustainable. How is it that a CNN reporter who is disenfranchised from his job reporting the news (Mr. Jim Acosta) can obtain a court date before a Federal District Court Judge in Washington, D.C. a week later and have the case heard? I’ll wager they issue a decision within the month.  

Conservatively, it would take you or me eight years to get it docketed at the Court of Appeals for Veterans Claims which, incidentally, is also a Federal Court of Appeals. Were it to go to up the CAFC (Court of Appeals for Federal Claims), it would take another year minimum for just a memorandum decision-perhaps longer for a panel.

What’s wrong with this picture? First, I am not viewing this through the lens of politics. I personally find it abhorrent that anyone, press corps or otherwise, would be so rude, crude, socially unacceptable or boorish as to treat another (let alone a sitting President) in such an abusive manner. In the same vein, I find it equally abhorrent that the President can be so intractable and socially inept in these situations. Ignoring bad behaviour is far superior to drawing attention to it- or worse- holding the individual up for a lip-whipping.

And that’s all I’m going to say about that.

Thank you Dennis for the humor. Man cannot live without it. Vets certainly cannot.

About asknod

VA claims blogger
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13 Responses to FEDERAL CIRCUIT JUSTICE

  1. asknod says:

    I apologize for questioning Mr. Stermer’s mental health.That was uncalled for. As I have no psychiatric training, that would be pure conjecture. However, since I have continued to maintain the post has no political undercurrent, any continued insistence that it does can only be read as an obsessive, compulsive (and desperate) desire to find same. As for the comment “an attack against one’s constitutional rights takes present (and has priority in the courts) over just about all other claims.” , I think the word he seeks is “precedence” rather than “present”. Since Mr. Stermer is obviously erudite and conversant in law, it helps to use the correct term so as not to confuse our readership.

    I would further observe that since I have a well-known propensity to publish red herring, false-flag, white nationalist, misogynistic and sexist dog whistle posts laden with exquisitely subtle political innuendo only the most psychic among you can discern, that those offended cease and desist reading my musings.

    What I will never apologize for is my firm commitment to defend Veterans when I perceive they are being shortchanged legally in an untimely manner. CNN, as a news entity, has a 1st Amendment right to freedom of the press and thus, access to the White House. Mr. Acosta, on the other hand, does not have a right to appropriate WH press conferences and turn them into The Jim Acosta Show on a daily basis. This is not a political observation no matter how any of you spin it. From what I read, Mr. Stermer would have me believe Mr. Acosta’s right to immediate justice far outweighs the rights of Veterans to the very same due process and a timely adjudication-i.e. a red herring. I feel that is a myopic viewpoint shared by a minority. I submit that is heresy and a true violation of due process. Fortunately, everyone in America (and here) is entitled to their unbridled opinion.

    • Jack Stermer says:

      Being sarcastic, insincere and using mean spirited personal attacks don’t generally advance an argument. But hey, perhaps you think they do. In either case, I’m not offended. I just think it’s unfortunate you don’t see how your most recent remarks prove my original point – that you can’t help yourself from using the long delays associated with Veteran appeals to advance your personal political views (faintly disguised as they are). I continue to think that tactic is disgusting and frankly, I really thought you’d be better than that. After all, I’ve been a big fan of your valuable insight into how the VA works as well as your remarkable tenacity in representing disabled Vets. I still am. What’s ironic is that you continue to embrace using the problem of extra long judicial delays facing Veteran appeals to broadcast and rebroadcast a political commentary (that includes a misdirected apples & oranges comparison about how the legal system works). Yet you try to simultaneously deny doing just that and then condemn me (my personality, my mental state, my intellect, my belief system and even my proof reading skills) for pointing it out. Shakespeare had a observation about such things: “Me thinks thou protest too much”. Shakespeare also noted: “Nothing is either good or bad, but thinking makes it so”. This last one best sums it up for me and with that, I’m off to enjoy the weekend…..ps: I haven’t performed a spell check or run a grammatical analysis, so please forgive any shortcomings in those areas.

  2. John says:

    Time to reread the original post. It’s about how quickly a news reporter can get a hearing while veterans wait years to get theirs. Nothing political about that, just another slap in veterans faces. Not that there shouldn’t be incidents deserving of quick hearings but I don’t see where having a press pass removed meets that criteria. Let him go to the streets of Chicago, Philly, Baltimore or other American city and report on the weekend carnage because the politicians are inept.
    I stand with Asknod on this and you naysayers are flat out wrong.

    • Jack Stermer says:

      Nice try. But unfortunately, the post used the Acosta situation to advance a political commentary. Your anger with my response underscores that point. You seemingly don’t care what happens with Acosta. He can effectively go pound sand – if I get your drift. If you did care (particularly about the 1st Amendment), you’d understand why comparing the Acosta suit to veteran appeals is a red herring.

      • asknod says:

        I so enjoy finding a readership with psychic abilities, Mr. Stermer. It would seem that I need not write at all as everyone knows what I think and feel in advance hence eliminating the need to write anything whatsoever. You must be related to Karen S. who commented here attacking me as being a mysoginist a month ago simply for defending Supreme Court Justice Kavanaugh against his “victims” prior to verifying his numerous accusers’ unfounded tales of sexual assault. As I feared then, and have subsequently been vindicated, his rights under the Fifth Amendment (and the First) were abrogated.

        Best of all, I relish everyone telling me what to write, how to write and what I’m permitted to discuss. I do not censor comments here which allows others to witness really weird personality foibles such as yours. Paranoia does not serve you well. I never responded to your comment. I answered my friend Harry Hook’s comment as well as Karen Stern’s but without any rancor or animus towards Mr. Acosta. Do you hear voices too?

        • Jack Stermer says:

          What I hear (loud & clear) is an attack against the 1st Amendment was just spanked down by the court. That said, you are free to characterize my personality in away you feel fit. From this perspective, it’s sad to see that you can’t take a critique (actually, being called out for using the crises facing VA appeals to advance your political point of view) without stooping to belittling diatribes. Point in fact – an attack against one’s constitutional rights takes present (and has priority in the courts) over just about all other claims. One would think you’d know that. But then, if I was clairvoyant I would. Seems I don’t.

  3. Jack Stermer says:

    Dear Asknod…..Seems your self described nonpolitical observation may miss a key point. Namely, the duality of rudeness, as you describe it, must surely be in the eye of the beholder. To wit, and from a different perspective, questioning a disgraceful, lying individual like Cadet Bone Spurs demands a take-no-prisoners approach because doing that just happens to be a necessary consequence of who the guy is – not the office he holds. But stated a little differently, how exactly should one confront such an individual? Perhaps all questions should be submitted in writing.

    • Karen s says:

      It seems that any question Trump doesn’t like is offensive to him, and he calls the questioner names. No, not FAKE NEWS.

      • asknod says:

        The man (Trump) doesn’t have a way with words. No one can grant him that. Is it a deficit of character or a psychiatric disorder? It’s not for me to opine on. It does, however make for excellent Twitter theatre.

  4. Harry says:

    Were you this angry when the Press treated Obama badly? YES, they did. However, you have to choose to remember. Did you post about it? I don’t think so. Not covering both sides makes it politics, as usual.

    • asknod says:

      If the press was obnoxious to Obama and a reporter got this treatment, then yes. I might have written about it at the time -assuming arguendo, it involved a matter concerning Veterans. As it ( a lawsuit) didn’t happen (in spite of the fact that Obama likewise once 86’d a reporter), then no, I would have no reason to write about it. If it doesn’t touch on how we Vets are treated, then I have no reason to mention it. No, this is not a political site. They are more numerous than the stars above. The blog places blame for boorish behaviour where it should-on the immature participants. It laments justice is swift for a reporter and much less so for Veterans. You seem to desire to find politics where there are none. For the record, I think. I don’t blindly attack. For insight, look to the title of this post. It’s about justice, not politics.

  5. Thank you Dennis as well! Amazingly funny cartoons on a smoky, rarely breathable afternoon in Northern California, and a special prayer goes out to the many affected families in the pathway of this super destruction.

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