Johnbo, the proud (and only) owner of what is unarguably the one of the best, if not the premiere example, of how to do a radio show, has graciously invited me on to Exposed Vets to share my fare. I had the great pleasure of meeting this fellow Veteran in person back in November ’23 in Winchester TN for a killer Veterans Day production show.
In this business, helping Vets is the Holy Grail. Some aspire to be reps, some to be attorneys and then of course there’s that special niche of VA Agent. Frankly, we have it made. Under Calma vs Brown (or De Perez v. Derwinski), we get to skate on the rules. You heard me. As agents, we’re relegated to the untermenschen of legal existence-right down there on a par with VSO service officers. We have no legal education to mention so anything that issues forth from our mouths has to be treated sympathetically and our arguments must be granted great leeway. How cool is that? Who ever said it doesn’t pay to appear ignorant?
Because appellant is proceeding pro se, he is entitled to both a sympathetic reading of his informal brief and a liberal construction of his arguments. See Calma v. Brown, 9 Vet.App. 11, 15 (1996); De Perez v. Derwinski, 2 Vet.App. 85, 86 (1992).
This really pays off when you go to the Court. I used to “ghost” my client’s appeals to the CAVC before I got accredited. If I’m doing my own, I’ll eschew my acceptance to practice there in lieu of a pro se appearance. It’s like flying First Class. They give you white glove treatment and I’m not above pointing it out at the beginning of every one of my briefs. Hi. I’m Alex Graham and I was raised by wolves. Please accept my client’s brief as a demented attempt to help a fellow Vet. Works like a charm.
But that’s not why I called you here. I have a Vet I’ve been fighting the good fight for. I’ve written about him a bunch of times while we bided our time waiting for our shot at a hearing in DC at bayonet distance. This case was a new one on me. We had to fly back there not once, but twice, to get it perfect. They forgot to turn on the microphone at the first one in April ’23.
Doing a hearing face-to face is le derniere cri in the New World Order. Used to be back in the olden days of Legacy that these were a dime a dozen. As we all know, every time VA improves the system, it adds about two more miles onto a very long tunnel. In this case, the advent of the AMA effectively eradicated the in-person hearing as we know it. If’n you want to talk to the judge mano -a-mano, you gotta go to him now. That kinda puts it out of reach of most Vets.
But, there is a time and a place for this insanity. Think about two nights at the Hilton or Hyatt for a couple three yards/day and a round trip airfare for 12 more and you have the makings for a solid BVA win. This only makes sense if you’re shooting for a §3.156(c) EED going back to 1972. Which is what we were doing.
I’ll share more of that this evening.
To my knowledge the Johnmeister hasn’t changed the call-in number.
(515) 605-9764
And for those who prefer hands free computer hook up:
https://www.blogtalkradio.com/jbasser/12331935/connect/9dcb55a25991d0bd558a2bb38eaf299ae36e81e9
We look forward to seeing you virtually this evening. Don’t forget the chips and dip.
P.S. This document just landed in my lap. Imagine. VBA complaining that VHA psychologists are far better at denying PTSD (legitimately) than subcontracted QTC/VES/Optum Serve/LHI/ Loyal Health psychologists who are giving away the farm. I’m not sure whether I ‘m gonna shit or go blind…
asknod
Bethanie Spangenberg
kcraveiro
robinhoodesqvetsatty
Wesley McCauley
Veterans Claims Help 