Yeppers. I augered in at the CAVC on old Butch’s claim. But due to the wonders of the new AMA system, I merely have to hit the turn signal lever, make a quick u-turn and go back to the Seattle RO. There, I will file yet even more §3.156(c) records and demand not just one- but four new reconsiderations- one for each claim in 1970. What? You think I filed aaaaallllll the new service department records in back in ’15 and ’17? Are you mad? I don’t trust the VA any further than I can throw an F150.
Turns out my distrust was well-placed. I couldn’t figure out why these dipsticks never said a word about §3.156(c) for five years. There was a good reason. They’ve never heard of it. Every filing I submitted (and boy howdy was that a shitton) was granted outright with nary a word about the magic DeLorean Regulation. Along about the time they issued the SOC, they threw in a blurb about how they allowed as they had done a §3.156(c)(1) analysis and came up with a blank. Unfortunately, this doesn’t pass the Vigil v Peake 2008 test nor does it satisfy the newer George v. Wilkie decision last month. You see, in order to prove a merits reconsideration occurred, it requires more than verbal assurances. They actually have to perform things like going back and getting your SSA records and emailing a few PIES 3101s to the NPRC or the appropriate military service to take a gander at the military personnel file back in 1969-maybe even discover the General Court Martial for failure to report to duty due to TBI secondaries.
I have decided to enlist another to help assure I get this right. Who, exactly, I’m not free to divulge just yet. Two heads are better than one. The financial stakes for Butch demand it. It doesn’t take a bean counter with a Masters in CPA to figure out what 60% with spouse and four chilluns works out to from April 1970 to September 2015. Who you gonna call? Ghostbusters, dude.
The decision was 19-7301 and came out July 31st. Always remember my motto. Win or Die. It isn’t over in AMA land until you keel over and can’t sign the 995 or 10182. That’s about the only neat thing you can say about the new appeals system. As long as I’m penurious and husband the §3.156(c) documents I have left, I’m pretty sure the Poohbahs are going to realize that this could turn into a twenty-year war. What the hey. I began building this Butch Bomb in 2013 when I promised his daughter I’d get him a Purple Heart. I’m not about to throw in the towel now.I still have plenty of ammo for my Thumper.
We’ve come a long way, baby. It’s not over until the
fat weight-challenged DRO sings. And maybe not even then… stay tuned for the next installment of VA poker. Here’s the first one:
P.S. One thing I did not realize. As a nonattorney practitioner at the Court, I’m still accorded deference due to my lack of a Juris Doctorate. Amazing. Butch and I still get the white, kid gloves treatment and retain the right to the presumption of stupidity. Awesome.
Here’s a few winners.
Butch: “I have ringing in my ear.”
Gee, I wonder what that means….
All explained here: https://asknod.files.wordpress.com/2020/06/long-19-7301-reply-brief.pdf
Should we be disappointed with the Court’s response regarding the informal claim that is pretty clear based on the material facts mentioned but not addressed? Or have they applied the correct rule?
Wow…how long does it take a group of V.A. employees to authorize a combat infantry badge? Or recognize a recipient of wounds to get a Purple Heart? And we are asked to trust these snaptopenic jackasses to process our paperwork?
Get old Butch’s beautiful bride what she deserves and he earned! Fair is fair in love and war!