This one should be called the ‘Colvin on your collar told a tale on you‘ . This claim/appeal now spans sixty five years and has outlived the Veteran. Still VA tries to squirm out of doing it locally. I get that. This is 4th and long and the Seattle Puzzle Palace ain’t going near it. They’re punting to the BVA. If you drew the VSR GS-9 short straw and had to write this up, or were the unfortunate Coach it came back to like an errant boomerang, or anyone even remotely associated with this stinker, your chances of rising to the hierarchy of the VBA DROC team would be right up there with ice creme in Hell if you were party to cutting the paper handing out a million +.
Why shucks. Folks would be surreptitiously pointing over at you down in the lunch room for years saying ‘See Sherista over there. She’s the one that wrote thet RD on that Korean dude that died last year. I’d hate to be her. I heard she’s trying to transfer to VR&E she’s so bummed out.’
So they pawned off the Texas Necktie party on the VHA neurologist (again) and said ‘You’re it.’ The problem is it’s against the law in 48 states to allow the doctor to spout law or the law dogs to spout medical opinions. That thirty pieces of silver gig for stretching the truth went out with printing press. There’s a chasm between doctors and attorneys/judges that must be observed. Take a gander at the VA’s 42-page version of a Monty Python I’m a neurologist and I’m okay. I work pretty hard and opine all day skit. I don’t reckon this is going to impress the VLJ.
The only problem with all that ‘weight of medical evidence” is none was provided. I’m the little old lady that pulls up to the drive-in window and yells ‘Where’s the beef?”. The HLR booth bitch looked at the ceiling, disremembered my legal points, whistled past the graveyard and cranked out the RD in 30 minutes. I’d have given my eye teeth to have seen her twisting and squirming on Zoom. I could have submitted a 4138 from Jesus Christ swearing “What he said, dude.” and it would still have crashed and burned. This thing has resume-killer writ large all over it. The only guy oblivious to all this is that wild and crazy French VA narcissistic neurologist (the undersigned).
Look up Monzingo, there’s a great quote there that reinforces Colvin precedence. Anyway, this is the first time I’ve ever cranked out 22 pages of legal brief. I actually distilled it down from 28 pages. I didn’t want to appear verbose.
As I pointed out in the brief, this guy found absolutely nothing related to s/p encephalopathy-not so much as a numb lip. VLJ Skaltsounis had this docketed 4 days after it hit his desk. I put “Attention: VLJ MIKE” on the FAX cover sheet. I didn’t even get a chance to ask for AOD but they gave it to us anyway. Remember the old Allison Hickey “Rocket Docket” program back in 2013-14? This one appears to be one.
Thursday’s show will begin at 1900 Hrs on the East coast and thus, because of the phenomenon of global warming, 1600 Hrs out here in God’s promised land. Really. We have no skanky rattlesnakes on this side of the cascades. No black widows, no poisonous nothing except for the Brown Recluse spider and you have to hunt high and low to find one of them. Really. No hurricanes, no tornados-zip. The only problem I see is all those new citizens up here who migrated from down south. Somebody ought to teach them what yield and merge gracefully means.
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Check this one out. I bet that old boy rolled a few socks down. Would have loved to have been the Peter Pilot.
The research and finished product is as good as it gets. Your better than most attorneys and certainly care which certainly shows! Amazing stuff Alex- Congratulations!
Peter pilot? That was a move to make it thru those bridges and then make a climb…Big Cahonnies…WOW