Sorry it’s taken so long to take keyboard in hand and write. I’m almost recovered from the most godawful cold that kicked my ass hard. I ached so bad I lived with my trusty neck sock full of rice. You nuke it in the microblaster for 3 minutes and it cooks your neck muscles for an hour or so. This hummer also carried a nasty headache so work was virtually impossible. 

But, I’m back. In fact, I’m Nationwide. The Boys in the ‘hood in Winchester, Tennessee have invited me back to explain SMC in Veteranspeak-something easier to decypher than VAspeak. It’s a free Veterans Seminar being conducted all day at the First United Methodist Church, 100 South Jefferson Street in beautiful downtown Winchester.

Vet seminar

Ray Cobb and James Cripps, in concert with John Stacy of Exposed Veteran Radio Show, will all be there. I contacted some of the wonderful people I’ve had the pleasure to represent over the years that I’d be honored to meet them in person. Fact is, this area represents a cluster of R1s and R2s that I’ve had a hand in helping. So it’s only fitting that I finally get to meet them too.

I was also going to contact all my old friends over at Hadit.com and invite them to this exciting VA hoedown but my password must have expired. I haven’t set  eyes on old Loyal (Broncovet) in years and he’s almost the President Emeritus there now since Berta and Tbird retired. Not to worry. I’m sure the Veterans network jungle drums will spread the joyous news. We in the Veterans world are blessed to have such a tightknit camaraderie. “Leave no Veteran behind” is rich with meaning-depending on what you’re smoking, I reckon.

 As for the continuing litigation for my greenhouse, the latest update is one of my good friends over at CCK™ was kind enough to provide me with a recusal template to employ when these distasteful situations arise. After suitable modification, I completed it this morning. That cold nightmare caught me at about day 2 of building it so it went nowhere until I began to feel human again.

Anyway, below is the finished product sent out this morning. One addresses these things to the Head honcho of the BVA- i.e., the Chairman of the Board. You don’t deal with the front office L&S krewe.

Redact Recusal Motion

Now, regardless of what people think, graduating 59th in a class of 64 doesn’t condemn you to the ranks of the IQ-challenged. I prefer to think my low standing in 1969 was based on trying to keep my teacher’s expectations low and sliding through to the needed pedigree. What the hey? It worked. My command of the English language is attributable to mom but I wield it like a Jedi Lightsabre. Nothing says F*** You better than a good ol’ multisyllabic word.

As most of you have probably heard, my oldest claim, Butch’s LZ Cork saga, was denied again at the Board. That’s merely a temporary setback. He’ll win. These idiots are blinded by the impossibility of conceding defeat on a million dollar claim. Always remember the immortal words of Saint Coral Wong Pietch: “§3.156(c) is the exception to finality.” Finality will always sit in the back seat to §3.156(c) because a rating must be predicated on all the evidence. If some of it gets there 50 years later, reconsideration is in order.

Most importantly, Butch’s claim differs from all the  §3.156(c) precedence to date. He isn’t relying on the JRRSC to produce something saying LZ Cork got the stuffing knocked out of it on 1/18/1969. Butch’s case hinges on the 135 pages of STRs , a CIB, an ARCOM and a Purple Heart showing combat and injuries by name all introduced into the record 48 years later. Just because I forgot to attach all the evidence the first time isn’t a disqualifier. You’ll note the fine print in §3.156(c) says “At any time…” That sounds pretty wide open to interpretation before an impartial jury. The operable word here is “impartial.”

VA calls this a “freestanding claim”. We call in by it’s legal name- §3.156(c). for some reason, VA thinks if you keep calling a duck a chicken enough times in spite of it’s proclivity to quack rather than cluck, that nobody will notice. Move along. Nothing to see here, folks. These aren’t the ‘droids we’re looking for.

When I began the latest rebuild, I did some dumpster diving into the history when it changed over in 2005 and moved to its present location in §3.156 from where it had been hiding in §3.400(q) all these aeons. I spotted this in one of the present cases on the subject. I can’t say which but that’s immaterial. I immediately ran out and got IMOs on the neuro and ophthalmological aspects to pour concrete around the case.

“Of note, VA proposed revisions to 38 C.F.R. § 3.156(c) in 2005. In the proposed rule located in the Federal Registrar, VA specifically describes the situation in which 38 C.F.R. § 3.156(c) would apply, stating the provision of subsection (c)(3), which instruct how to calculate an effective date for an award based on records identified in (c)(1):

“would apply, for example, in cases where a veteran files a claim for disability compensation, which VA denies because there is no evidence of an in-service injury. Years later, if VA receives service department records that show an in-service injury, and obtains a medical opinion that links that injury to the claimant’s current disability, it would grant service connection. Although the doctor’s opinion is not a document that meets the definition of proposed § 3.156(c)(1), the service department records showing incurrence, which provided the basis for the medical opinion, is such a document. Therefore, the veteran in this example would be entitled to reconsideration of the prior decision and retroactive evaluation of the disability.” New and Material Evidence, 70 Fed. Reg. 35,388, 35,389 (proposed June 20, 2005) (codified at 38 C.F.R. pt. 3).”

I don’t reckon you need to have one of them fancy summa cum laude Juris Doctorates in VA law to figure that one out, huh?

Now take a gander at page 11 below and tell me how all of you think this will play out up at the Big House  on Indiana Ave. NW. Shoo doggies, this one might even garner a panel. I’m filing the NOA next week after I can get the signatures without being the west coast distributor of this consarned cold bug.

Redact LZ Cork BVA Denial

You fellers know how I suggest you build a good, old fashioned punji pit with legal bamboo skewers for them to impale themselves on. Well, take a gander and see how they walked right into this one. I just love it when a good ambush comes off as planned.

P.S. here’s one from Ed the LURP. Who else?

Personally, I think this one is photo shopped but I had to share it.