It was overcast this morning so I couldn’t see John and Ray madly flashing the Bat Signal over my house. No harm. No foul. Romeo Tango. I’m on it. I’m asked to tackle an old subject which many do not realize is the essence of VA law which illustrates one of the oldest judicial canons on the books. I speak of course of Gilbert v. Derwinski and what it began early on back at the 1989 inception of the Court of Veterans Appeals- now the CAVC. The fact is, I’ll probably line out some of the other presumptions only we enjoy as Veterans as well.
On a scale of 10, today is an 8. I snagged another R 2 for a deceased Eleven Bravo this morning. I got his father-in-law Swift Boat Dan R1 back in 2019 a hop, skip and a jump before he (FIL) went belly up. At the funeral, I was introduced to Eddie. In a first for me, I got him R1 right out of the box at the Little Rock RO without having to go up to the BVA.
His better half began to see the writing on the wall and called me last fall. I promptly filed him for the R2 then. He went into hospice and augered in March 5. We went to his funeral Friday the eleventh. By golly, they even had a real bugler there. Shut the Front door. A for-real hornblower. Who’d a thunk it?? Not me. It sure beat that corny, scratchy recording they usually crank up. This will make a nice addition to any paltry burial allowance and the free flag. It’s only $1328.64/month more than R1 but here it added up to six months. My sensei Bob Walsh always admonished me- “Leave nothing on the table for the scoundrels. They never do for you.” Here’s a short video.
In the same vein today, I got my client Bien Hoa Harry a 90% back to 2002 under §3.816(c)(1). He’s on his last legs and this was important for him to see completed before passing. I won the earlier 2002 date last year but they choked and puked in the face of overwhelming evidence he was nigh on to charcoal briquets back then. The outcome was predictable. ‘Ok, gomer. Here’s your 30% minimum and noooo more. Now get lost.’ I had to go back to the BVA twice to convince them I wasn’t going away. I “reshoved” the 1999 to 2008 evidence back in their faces three times until they simply couldn’t ignore it anymore. He can die happy now that I snagged that last $83,876 for his wife to tide her over when the gravy train ends and DIC sets in. That’s my idea of how a VA poker game should conclude- with the pot in front of my client.
Gosh, I wonder if Bien Hoa Harry knows Senator Dick “Bien Hoa Blumenthal” from Connecticut? Ooops. Hush my mouth. My Tourette’s is showing.
And if that isn’t enough, I’ve been invited back to the Winchester, Tennessee Veterans’ hoedown in November. The County VSOs are mystified as to why no one at VA will brief them in on SMC. I was asked to do the honors. I’ve never had the pleasure of meeting some of these great gentlemen in person. James Cripps, John Stacy, Ray Cobb and I will break bread for the first time in our lives after over a decade or more of friendship. We epitomize the ‘Win or Die’ mantra. We’re like the Energizer Bunny- we take a lickin’ and keep on tickin’.
Thursday’s radio show will consist of a heapin’ helpin’ on the subject of the benefit of the doubt. We hear that phrase a lot but what does it really mean other than “Missed it by thaaaaaaat much, 99.”? I’ll clue you in.
The show begins at 1900 Eastern and 1600 Western. We do hope you’ll tune in to some wonderful Veterans style humor and discussion about some tips and tricks on how to make VA’s life more interesting. If you wish to contribute or ask a question, feel free to push the number ‘one’ and activate your microphone.
The computer link is:
https://www.blogtalkradio.com/jbasser/12263522/connect/79ee281e3820a31b3e82cfef7deb80b6cbcd4118
Or, should you desire to get an obnoxious crick in your arm, you can call the below number and keep your arm bent for a whole hour while holding your communicator up to your ear.









Hi, Congratulations for winning for them. Please keep me on your mailing list. The reason I do not respond anymore is that my personal email address was hacked and man alive it freaked me out. I do not know how it happened but it may be from hadit. Who knows. Keep up the good fight Alex. Holly (formerly stalked in service and out of service)
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Looking forward to meeting you and John at Winchester Tn. 2023. I never thought that I would actually get the chance to meet the Guru. I think we started communicating more like two decades ago, just after I won my claim for AO exposure in CONUS. Somehow you became aware of that chloracne award and made the reemark that the chloracne would probably be 0%. I had to do a google search to find out who asknod was. You was right about the 10% but after it almost killed me I diid get an increase to 30%.
John and I go back to the Hadit Stardust radio days with John and strech. About 2004 or 2005. Hadit was good for all of us, for awhile.