Yes, folks. The above headline is true. Remember the old “well-grounded claim” we were required to submit before the 2001 passage of the VCAA? No evidence was equal to no dice prior to that passage. What happened if your records were burned up in the 1973 NPRC BBQ? Sorry, no dice.
Worse, in the new World Order of the AMA, the duty to assist has flown the coop. From now on, you’re on your own, cousin. If you can’t find anything you need to help you win and the VA or the Army has it, you better sharpen up the FOIA punji sticks and build a pit. It will take a month or three of Sundays to evict this from the Govt. Poohbahs. Or, they may even say, we have it right here in Maryland at NARA. Come on down to view it because we’re not going to reproduce it and mail it to you.
We’ll discuss the two components of claims-case and controversy- that are the bookends to any VA claim. We’ll talk about the difference between VA “inventing” law and the true meaning of “by operation of law”. We’ll talk about the “legal standard of review” of a claim versus VA’s convoluted legal abortion.
I won’t spoil it ahead of time for you folks. It’s heavy on legalese but this is going to become important to you when you see how we got sold a bill of goods disguised as a “much-needed reform” to help us win. If you think VA is going to help you win, you’ve been smoking too much Mantanuska Funderthuck.
Lots of stories. Lots of knowledge. Be there or be square. 1600 Hrs on the Left Coast and 1900 on the (L)east Coast. John and Jerrell are our hosts and I look forward to this chat.
Dial one (1) to activate the microphone and enter the discussion. Remember, this is all about you Veterans. Feel free to ask questions about these subjects. Try to refrain from telling us your claims history. We want to inform, not focus on any and every screwup VA has ever committed. I find that there’s a reason the rearview mirror is so small and the windshield on a car is so large. It’s more important to see where you’re going than to endlessly replay the past. If it didn’t work out in 2006, you need to up your claims game. Tune in to see what you need to succeed.