LZ CORK– CAVC ACT ONE-THE OPENING BRIEF


Lonestar belt buckles and old faded Levis… and each night begins a new day. And here we are at the Big House. It’s been a long journey from 2008 to 2020. Learn, learn and learn. And I had to go back to school and learn how to write a true, acceptable legal brief. They probably teach all that in law school but I traded it for a fun-filled two- year all expenses paid vacation in sunny Southeast Asia.  I have always fought and won below at the BVA. The chances of winning 3/4 to a million at the Agency level are somewhere between ‘never going to happen’ and ‘when you’re dead’.

I kinda figured this was going to happen so I started preparing and got admitted to the Court back in 2018. I didn’t realize the BVA was going to drag their feet so long and try to come up with a really good post hoc rationalization to explain why Butch missed it by thaaaaaaaaat much. Considering the mortar round hit about two feet away from him, it’s a miracle he isn’t in a Heavenly Zip Code. We hope to improve his luck soon.

Butch (in black tshirt) to the left of Gypsy Lee Rose and Bob Lockett January 17th, 1969-one day before the shit hit the fan and everyone’s life was turned upside down forever.

The BVA isn’t as picky on how you present an appeal. Lay it out. Facts. What happened. What should have happened. What didn’t.  Gimme the money, honey and be quick about it. Right? As for the VAROs, they don’t even read it until you get to the DRO zone. But, now that I know, I guess I could start writing them all like this. My former neighbors but still my friends, fellow warrior and clients all these years, Butch (and Barb) are now at the beginning dance before the “trial” and the verdict. Next up, the Court has the Rule 33 Conference scheduled for May 19th at 1030 Hrs Local PDT.  I have to provide a Rule 33 Conference submission to the Court’s chosen Central Legal Staff person who acts as a possible mediator and Secretary Wilkie in the person of Melissa Timbers, Esq. 027 OGC. In the briefing notes, I have to mention why Butch is right and why we believe the Secretary has been smoking too much Mantanuska Funderthuck, to put it politely. Every comma has to be perfect. Every cite has to be right. Every RBA has to be accurate. Or it all comes crashing down and you have to fix it. Time out. Delay. You look bad… like an amateur.

By law and Court rules, I get 60 days from February 28th -the receipt of the “claims file”- to submit my Appellant’s brief. I accomplished it a week early but spent the last month doing it. My mentor,  Robert P. Walsh, Esq., yet another distinguished Vietnam Veteran, has been my North Star.  VA can blame the damage I’ve done all on him. He taught me and now I’m loose like Pandora or the Fates and running amok. Very few of you know Bob is an 11 Bravo- admittedly Birdshit (Airborne) from the 173rd. He even has a CIB so he’s the real McCoy. There are damn few of us who do this who have walked in those green boots. I hope I do honor to us and don’t screw it up. Talk about Busting your Maiden on a claim like this…

Sit down. Get a beer or better a good single malt on a couple of rocks and start on page one. If you’re a law dog, you probable begin on i.  I only have one client who’s a lawyer so Lori may offer me some positive feedback. Cupcake and Buckwheat Junior, J.D. already gave me a boatload, too-on what to leave out. And of course, Pickles who demanded I take her out for play breaks and the call of nature. A Law dog literally.

The morning coffee klatch w/ heavy creme

Long 19-7301 Filed 4-23-2020 Opening Brief14

THE CORONA BRIEFING

If the Corona bug had to choose a time to appear, it picked the perfect one for me. Not that I welcome it but it relieved me of having to go to Spring NOVA in Atlanta right in the middle of my first opus. During this time, everyone of you readers seem to be sitting at home and scraping the internet for humor to keep yourselves amused. My mailbox doth positively runneth over.  I attach a few of the best and save the rest for later.

At LZ Grambo, Cupcake has been working with the horses on how to wear their masks properly and practice social distancing. Here’s Day one at lunchtime. Cooper is a Thoroughbred which explains why he was socially correct. The mask thing needs a lot of work. They don’t get it.

Big Shot, Cooper and Kona

The perfect Quarantini:

6 shots (3/4 cup) Pomegranate juice

3 shots Citroen Vodka

1.5 shots Cointreau liqueur

Shaken, not stirred. Chill the glasses.

 

Next, from LRRP Ed, I got the inside scoop on where this virus started. A bit racist but not over the top because I don’t think this is real. No one, blonde or not, could dial this one up.

Next, a Swedish beer commercial. Hey, I don’t shop for these. They arrive unsolicited. It’s still g rated so I’ll allow it.

And last, practicing social correctness and sneezing properly into the upper arm to avoid spreading germs. I think this flick is from Kyrgyzstan.

I do hope all of you are staying safe and lack for nothing. These are rough times for some and are not going to get better for a while. Learn to share. Help others. Keep smiling. God isn’t pissed at us. At least I’m pretty sure He isn’t. Anybody stupid enough to eat bats was bound to come down with something like this.

About asknod

VA claims blogger
This entry was posted in 1154(b) combat presumptions, 3.156(c), All about Veterans, C-Files and RBAs, CAVC Knowledge, Corona pandemic, Corona virus, Earlier Effective dates, Inferred claims, Informal Claims, KP Veterans, Lay testimony, LZ Cork, NOVA Attorneys, Pickles, TBI, Tips and Tricks, VA Agents, Veterans Law, Vietnam War history and tagged , , , , , , , , , , , , , , , , , , . Bookmark the permalink.

7 Responses to LZ CORK– CAVC ACT ONE-THE OPENING BRIEF

  1. Bruce McCartney says:

    Don’t figure anyone sitting on the Court has ever experienced a CBU strike. This reminds me of one, albeit a bit less strain on the ears and other body parts.

    GO GET EM Buckwheat

  2. Calvin Winchell says:

    The beauty of this is you pushing yourself past what you said you would not participate in, the United States Court of Appeals. That brief is as good as it gets! Going the limits for veterans is what you have always done! Your the best!

    • asknod says:

      Well, Calvin. You know us Walmarket-shopping, low account trailer trash Veterans can’t be taken at their word. I lied. I promised Butch I’d see this thing through. I got his medals and now we’re trying to get justice. What’s really the worst that could happen? I lose? Always remember… Win or Die. If you don’t try, you’d wonder the rest of your life what might have happened. I’ve come this far. It wouldn’t be sporting to punch out. And I sure wouldn’t trust this to another law dog after all this. I have Butch’s data indelibly stamped in my mind. His DOB and claim number. His SSN. I know his ratings and what day he got them. I have page numbers from his RBA memorized. I’m a friggin’ Butch walking encyclopaedia. I think I’m turning Japanese at least I think so.

  3. A.Fan says:

    Gordon, (aka: Alex)
    I have rarely read an entire CAVC Brief or Case, …this time, however, I remained spell-bound throughout the 29 pages. I’d guess Cupcake, Pickles and the ‘faint-of-heart readership’ would award you a ‘Gold Star’, …just for keeping it G-rated (Good Job!)

    Furthermore, I gleaned 2 pages of notes, along with your cited Precedent Case law. I’m anxiously awaiting BVA decisions on two CUEs for EED, …so your subject matter is timely, and has me deeply invested.

    Email sent

    A.Fan

  4. Emmit Collier says:

    I love it. Keep them coming!!!

  5. Calvin Winchell says:

    The blubbering mumbling bigot blond makes me happy i dont live in Jacksonville… hey, can i get some blinders like your horses? Think it would help with quarantine and blonds? Pickles will be a legal beagle soon!

  6. Appreciate Your humour! Do you have an solicited opine on the period that VA displays on their website regarding BVA Remands from the CAVC; “sixteen to 29 months”??? i.e. how long can they stall under a Court order where they did not prevail?

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