Whooo, doggies. John and Ray have finally got this Zoom Room shindig in motion with a heapin’ helpin’ of Beth Spangenberg from what I’m told. This was a long time coming as many know and gives Veterans the most up to date, in-depth look at the VA claims process by us Agents and attorneys down in the trenches. 

Not to diminish the work done by VSOs and others who like to get their hands dirty, but I must say a convocation of 300 or so VA Attorneys and Agents at a National Organization meeting is bound to create lots of discussion as to technique and outcomes. We get valuable insight from the folks who enjoy kicking ass up at the CAVC which, in turn, creates more useful precedence we can use to win with below. There are actually many decisions which change the course of human events almost imperceptibly and result in a truly more Veteran friendly amphitheater to do battle in.  Witness Duran, Barry and Laska just in the last year.

I gotta get one of these suckers.

To say Loper Bright will make a difference in the future for Veterans now that the Powers That Be don’t get to construe what they think 38 CFR really says, I feel we can safely say a new dawn is on the horizon. And we’re gonna talk all about that tomorrow evening. I’m sure John and Ray would like to know the latest scuttlebutt on how VA is ever going to drag itself kicking and screaming into the 21st Century with half of America insisting it stay in the Dark Ages…because that’s the way we’ve always done it.

Think back to the days of Allison Hickey, USB. We were going to eradicate the backlog by going into electronic records venue. Pretty soon, they said they’d have to lay off raters left and right because they’d be idle with nothing to rate. And then along came the bean counters and the Big Six VSOs who insisted it (Legacy) was too complicated and just had to be simplified. Can any of you out there look at me with a straight face and say Boy howdy I’m sure glad we have AMA?

I’d also like to show you something that will roll your socks down. A VSR, the lowliest form of rater, just arbitrarily took it upon herself to ’86 a claim I filed for my client. Read §3.2501 closely. This is the new supplement reg that tells you what you can, must, might or should think about when you pull the pin on your new claim hand grenade.

§ 3.2501 Supplemental claims.

Except as otherwise provided, a claimant or his or her authorized representative, if any, who disagrees with a prior VA decision may file a supplemental claim (see § 3.1(p)(2)) by submitting in writing or electronically a complete application (see § 3.160(a)) on a form prescribed by the Secretary any time after the agency of original jurisdiction issues notice of a decision, regardless of whether the claim is pending (see § 3.160(c)) or has become finally adjudicated (see § 3.160(d)). If new and relevant evidence is presented or secured with respect to the supplemental claim, the agency of original jurisdiction will readjudicate the claim taking into consideration all of the evidence of record. If new and relevant evidence is not presented or secured, the agency of original jurisdiction will issue a decision finding that there was insufficient evidence to readjudicate the claim. In determining whether new and relevant evidence is presented or secured, VA will consider any VA treatment records reasonably identified by the claimant and any evidence received by VA after VA issued notice of a decision on the claim and while the evidentiary record was closed (see 3.103(c)).

Now, back in the olden days of dial phones, VA could never just say Piss off, sailor. We ain’t gonna look at your bogus cries for justice. They had to at least deny you even if it involved that alien abduction where they inserted the brain control gizmo in the back of your head. Remember that shit? Bummer, dude.

So I submit a VAF 20-0995 disagreeing with the lowball 20% ratings awarded for lower extremity neuropathy because my boy is sporting AFOs bilaterally and still can’t walk. His doctor says total peroneal nerve damage. I file him for bilateral (b/l) loss of use of the lower extremities because…duh… he can’t walk without kissing the concrete. I threw in the clothing allowance denial because …well, shit because it was denied and that’s what AFOs do to your pants. Duh? I Walz off to Minnesota  (pun intended) for the legal conferences in Minnie-Saint Paul and come home to find… no claim. Gone with the Wind. No matching records…

I look it up in VBMS and what do my wondering eyes behold?  Voila…

Michelle 1

Michelle has “construed” I wanted an increase- period. Well sorry Alex but you gotta do that on a 526, right? As for the LOU and the new pants? All I hear is that whooshing, sucking sound of the VBA301 vacuum cleaner that disappeared it all. Well, you fellers know me by now. Time for some nape on the outboard hard points and full 9 yard loads of .50s in the wings. I thought my message was very restrained. I didn’t mention anything about being raised by wolves or what they were smoking at lunch break.

4138 for RECEST of 995

That was Monday night at COB (close of business) here on the Left Coast. I’m pretty sure Michelle and her compadres had already beat feet for the exits assuming VA Secretary Dugout Doug has rounded them back up and actually makes them come in to work at the Beantown Puzzle Palace. I figured it would make a great conversation topic with her boss Asst. Coach Vanessa and the Asst. VSCM Leroy over Tuesday morning coffee. I was right.

As I sucked coffee yesterday morning before going to meet one of my charges, the incoming Outlook announced “You’ve got mail!”  Michelle (ma belle) thanked me profusely for calling her out on her little faux pas and informed me that the claim was now back in the land of the living in Boston as of 0800 Local. She was telling the truth. And she even cc:’d her supervisors to show them she was on it.

Michelle, ma belle

Now, I know all of you don’t have Nape on your wings and the ability to enjoy a target-rich environment like we do. However, it’s always nice to have an attorney or Agent who does. More importantly, you should have a shield bearer with that utter disregard for the chain of command. VA admonishes us to contact the CMA when we need cheese to go with our whine. That can be daunting if they don’t deign to answer for a week or two. I’m impatient so I just look up these asshat culprit(s) and email them personally. I used to get yelled at for doing so but I discovered a little wrinkle in the M 21 that gives me a bye…

“Per M21-1 Part  I. subpart i. Chapter 2. Section B.(1).(b), “VA policy is to work with representatives of claimants and beneficiaries in an equal partnership to effectively serve Veterans and their dependents and survivors. The policy requires VA employees to assist representatives”.

Shut the Front Door, huh?

Considering Pastor Doug is getting ready to give a haircut to about 80,000 VA Klingons, helping Veterans (and me) has suddenly become more in fashion again. And do you know? I get the nicest letters back now from all them folks saying thank you for bringing that to our attention, Mr. Buckwheat. We’ll get right on it di-rekly. And they do. It just goes to show there’s some really nice folks who work at VA even if they’re harder to find than unicorn shit.

Life is good and then you turn 74. For my birthday present this year, the Pierce County Sherriff finally gave me back my ol’ .357 S&W I carried in Southeast Asia- the one I pegged that dipshit with who stole my car back in ’22.  By operation of law, I had to give the dickweed three years to sue me for shooting him. Time’s up Devon. I guess I should tell him if he comes back, I bought one of those Benelli™ pistol grip shorty 12 gauge pumps. There’s something plumb satisfying about hearing that signature slide sound racking the round into the chamber. The best part is you can still hear yourself think after shooting it.

But why spoil the show? Here’s the Zoom link to the party. Grab some Chablis and cheese and tune in to our whine tomorrow evening.

https://us06web.zoom.us/j/81093912514?pwd=KzEzkJ4JXae4h9cKv8aCMubAgtcPlb.1