BVA– SIXTEEN YEARS LATER-SMC S TO T

I don’t like to measure time and statisticate on how long it takes to get from A to B or how many hours I spend in litigation. I’m like Larry the Cable Guy. I want to ‘gitterdone’ and move on to the next Vet. Like all of you Veterans, I learned how to wait once for my own claims to get done. It started in 1989 and wrapped up in 2016. Fortunately, we have “drive-thru lanes” now so it takes less time. For Chris here, it took 16 though.

I won’t go into the whole schtick and bore you but it can be said that a VLJ summarized everything back in a February 0f 2024 BVA decision and VA blew her off. And now it’s gonna bite off a big chunk of Dougout Doug’s cookie jar. Just shy of half a million to be exact.

Chris got toasted on one of his deployments into the Sand Box and they medevac’d him back to Germany. TBI is… what can I say? It’s probably caused more divorces and suicides than VA is willing to admit or statisticate on. I admire Chris for getting this far and still being married.

VA did a rip snortting good job of finding yes-men doctors and nurses who would say Chris was a little bit off but good to go. So he got the TDIU shaft until the first BVA judge in 2024 saw through the ruse and ordered VA to fix it with a&a. Their idea was a mechanical 100% + 60% for housebound but this purposeful error set the stage for today. Karma can be an absolute bitch. So here’s my opening gambit.

Redact BVA A&A filed 11.01.2025_Redacted

By granting the SMC S, it was the VA’s placemarker for when Chris first “qualified” for SMC. It was arguable that he deserved higher and as long as he threw a rock at the front window of the Fort Fumble at least once a year, he could keep this battle up forever. After VA screwed him with the “A&A LIGHT” (SMC S) , he called me.

My arguments pointed to all the times VA could have made this right and didn’t. The ’24 VLJ, Vicky Moshiashwili, laid it out in three-part harmony and the VA raters blew her off. This went on until they did a 2680 for a&a by LHGS and the joker said Chris didn’t have any permanently disabling diseases or injuries. Nothing. Nada. But what about the 100% for the combo of PTSD and TBI? That’s what VLJ Jimmy L. Bardin saw- a broken, disabled Vet who’d been told he doesn’t have anything wrong when the record showed the exact opposite. Judge Bardin is an Air Force Vet so he can identify with this shit show.

BVA T 11.06.2026_Redacted

Now, most VLJs leave the effective date argument up to the local Puzzle Palaces to screw up. Jimmy cut to the chase and said ‘no- let’s go with his entrance into SMC. If he’s housebound and has a 100 for bent brain and TBI, then he probably needs 1) aid and attendance and 2) SMC T.’ So Chris wins what’s behind Door #4 which happens to be Doug’s Cookie Jar and gets almost half a million for his retro.

The only thing everyone forgets is the ’24 VLJ (Vicky) and her observation that he was on PCAFC and suffering delusions as early as 2012. The way I look at it is the Judge made that observation. I didn’t. So, if the records support it and the PCAFC proves he needed a&a, then that’s gonna be the effective date for at least the a&a. I might have to go to Magic Folks at Mednick Assoc. to get another retro IMO. My tool box of repair orders runneth over.