ANOTHER PENINSULA VALLEY SUNDAY- (FIRES BURNING EVERYWHERE)

We live in interesting times. While the Pacific Northwest goes up in flames, we’re in a secluded niche where the prevailing winds blow all the objectionable smoke over the border to the North (Canada). VA SMC wins have been spotty for the majority of summer but the Dog Days of August have resulted in an avalanche of long delayed claims and appeals at the Board.

Winning SMC at the ‘T’ rate for severe Traumatic Brain Injuries is obviously right up there in terms of difficulty and attaining success as those poor women Veterans who suffered (and file for) undocumented MST. I find I could have all the evidence in the world proving my client is certifiable and VA will go to inordinate lengths to prove he isn’t. A recent example is a Veteran here in Washington near me (138 miles as the crow flies down I-5) who was on the verge of sucking on the lead lollipop when they were able to intervene. He had a rifle and 50 rounds of ammo hidden under his bed and was biding the perfect time when everyone was out of the house.

Even with that, and a genuine rating of 100% for the TBI and 70% for his PTSD (combined by VA of course), a new medical opinion (Number 3) by some gomer hired gun swore on a stack of M 21s that it was due solely to his 40% for his back and the 100% TBI could clearly be differentiated from it thus TBI had nothing to do with his a&a. They disremembered they’d just given him the L for a&a due solely to the PTSD. The upshot of this amazing revelation was “Sorry, Tommysan, no SMC T for you. We were able to segregate all the symptomatology and your need to be institutionalized is due solely to your back pain and your tinnitus. TY4YS (Thank you for your Service).

RD 6.25.2026_Redacted

In spite of that setback, I’ve already received 3 T wins since June 1 and a large number of a&a Ls-some with and some without- their Barry bumps pushing a few Vets up into M 1/2 and N. Now- about this phenomenon of Barry bumps, there has been much discussion as to whether this benefit is retroactive prior to Mr. Barry’s most excellent May 2024 VA bitchslap.

Some of my fellow litigators insist it isn’t- even in spite of my complete success in the endeavor. Some of these same litigators also insist that more than one increase under §3.350(f)(4) granting a second full-step bump is still a matter of first impression and was not litigated- let alone discussed- in the Barry decision. On that, I couldn’t agree more. Barry did not decide it was permissible. The Seattle DROC (Decision Review Operations Center) did. But VA has been giving me double (f)(4) bumps so I’m not complaining…

Here’s one example of the retroactive aspect of Barry. Mind you, I don’t claim a clear and unmistakable error (CUE) occurred. Why should I? That’s like flying from SEATAC to Paris via Peking. You get your rating decision after you get your L for aid and attendance (or loss of use /blindness/bedridden)-usually from the BVA. VA generates a rating decision and you file a 995 objecting to their failure to grant the bump(s). In this one, I attached a 4138 and explained it.

995 filed 5.06.2026_Redacted

Actually, that’s unmitigated torture for a RVSR or a DRO. Think about it. VA raters can never admit error. It has to be someone who did it 14 years ago who retired. Raters are loathe to admit they stepped on their neckties and did a face plant. I help them out by throwing in the 4138 as the required “new and relevant evidence” they demand to docket a supplemental claim. As I expected, they CUE’d themselves (or the idiot who missed it in 2014) and granted most of it. But here, they shortsheeted us and didn’t give us all that I asked for.

What’s a real hoot is that the BVA just granted this as a brand new L in 2020 granting retroactivity to the L for aid and attendance back to 2014 but the Ratings Pros down at St. Pete’s (the other DROC) haven’t learned to dial in on Barry. So it couldn’t have been “forgotten in ’14” because it hadn’t happened yet. Somebody needs to buy VA one of those DeLorean time machines with a 6 gigawatt flux capacitor strapped on the trunk lid. I think the paradox escapes them but let’s not confuse the issue further (or them).

RD 7.14.2026_Redacted

CS 7.14.2026_Redacted

Now, the absolute worst thing you can possibly do is to ask for an HLR 996 to fix this. VA VSRs needs methane detectors just to find their own asses- let alone understand SMC. That’s why they have coaches who tell them how to do it (wrong). If you are foolish enough to go down that road, remember I warned you right here. My last one led to Saint Pete’s finest turning it into CAVC #25-5399. So, in order to leave a bread crumb trail for Hansel the VSR (or Gretl if it’s a feminine-oriented soul), I now attach this gem to the 995 we are beginning to see in the Veterans’ VBMS folders on remand back to the AOJ.

Barry Memo for 995s

After they screw it up again, I just head back to the BVA to clarify it. You can’t fix stupid.

10182 Filed 7.31.2026_Redacted

But that’s not the end of the teaching moment this afternoon. Our fearless leader Dugout Doug seems to have had a recent attitude talk with the higher-ups at the BVA and the new metric is no more double A&A awards. Read this gem from VLJ Estella Velez to one of my widows I just received. You’ll be able to keep an eye on it soon up at the Court. No way am I going to allow them chowderheads to create new SMC Law after I’ve won well over a hundred of these. Look at pages 9-10 highlighted in yellow. Sorry, folks. That ship has already sailed. There’s no way they can cram Pandora back in her box now.

BVA SMC M 7.29.2026_Redacted

And that’s the way it is… Sunday 8/9/2026 at LZ Grambo.