His remains were positively identified and he’s back on US soil.
I knew this was hidden somewhere but it took a while. I had to go line by line in the VHA handbook. Squidly One had reported back to us that his PCP held up the crucifix and recited the incantation to fend off the devil Vet. What I find interesting here is that the VBA abrogates the responsibility for nexus letters when we well know that outcome. Imagine the attorney of the guy who rear ended you coming up and saying he’ll gladly represent you too-free. You see the analogy? Impartiality flies out the window and VA thinks the exact opposite because-hey- they’re your best friend and are there to serve you.
In other words, report any attempt by Vets to obtain a nexus letter. If they want one, make them go out and get it on the civilian market. Otherwise, they can get it free from the VBA. Marie Antoinette said it best- “Let them eat cake”.
What was that phrase again? Non adversarial environment in which to present our claims? Hush, child. I’ll take care of all those nexus thingies.
Motions for Reconsideration (MFRs) are few and far between. These occur when a Veteran petitions the BVA to reconsider his denial. Few are granted and fewer still succeed. Here is an example of same. Sgt. Whacko served from 1959 to 1962. While he could have been in Vietnam, there doesn’t seem to be a record of it. This is not dispositive of the fact as we all know. His time of service indicates he could be a victim of the NPRC fire in 1973. Many records from that era were destroyed or damaged beyond repair.
Our Vet has an even bigger problem.
While I wouldn’t characterize this as a frivolous filing, I would say that his chances of being in a combat setting in RVN with such a low enlisted rank in 1962 to be slim and none. I have done many a study of historical documents from the Vietnam era and the fact is that we were in an advisory status with few assets on the ground then. Most of those were Special Forces advisors who were training ARVN/Montagnard assets. Most were also officers rather than enlisted men. The Vet testified thus in 1995:
One can see the dichotomy here. Artillery batteries are static positions- usually on hilltops with defensive perimeters easily defended. Boomers were not infantry (MOS 11b10). They stood by their guns for fire missions and did not roam the countryside in search of Charlie. The story, on its face simply doesn’t hold water. This assignment would have been a TDY if it were only three months. Rarely would a soldier be sent on TDY so close to the end of his enlistment, too. The fact remains that were this man in RVN and medivaced to Clark AFB in the Philippines, there would be some record of it.
Additionally, the reader can see VA’s recalcitrance over obtaining a PTSD C&P or doing anything to corroborate the Vet’s contentions. This should come as no surprise to other Vets. This particular claim has been festering now since 1993. You read that right. It’s the same claim he filed way back then. This is a perfect example of VA’s ping pong technique of delay and deny until we die.
A Motion for Reconsideration always involves an expanded panel of judges in odd increments. The BVA denied in 1997 which means he had a single judge VLJ panel. Therefore the Reconsideration panel would increase by two for an aggregate of three. The reason for an odd number is to prevent a tie vote . The history of MFRs is spotty. VA is not in the habit of granting these unless there is some glaring shortcoming in the legal process. Here, it may have been the absence of a true examination to ascertain exactly what was bent upstairs. Always remember, VA likes to have a good reason for a denial based on sound medical principles. It rarely happens, but the niceties are usually observed and it is made to appear above board. Here, it’s fairly obvious that the gentleman was not accorded all these components. The Board doesn’t have any punitive means to reprimand the miscreants at the RO so they can get away with doing this remand again and again.
Therefore the Board panel is remanding this to the Waco Church Burners’ RO for yet another go at a definitive C&P to figure out what’s gone south in his noggin. More effort will also be expended to determine if he was in country. Chances are this will be denied some time in 2014 and be appealed yet again up to the Court. Can you imagine how much money in salaries and how many old growth trees were sacrificed on the altar of VA knowledge? This case truly boggles the imagination but does allow a glimpse behind their curtain. The Vet’s C-file must fill a sea chest!
And we wonder why VA has a backlog… MFR
I always thought Fort McClellan was in Alablama. Seems they did some “non-tactical” deployment of AO, AW and AB (in small quantities) there in the late sixties. Does this surprise anyone? Just how soon do you think it will come to pass that the next one will be Fort Bragg or Camp Lejeune? This stuff has a heavy metal product in it that resists breaking down. It’s like a test protocol to see if HCV can be transmitted via a jetgun. If you don’t test for it then you can safely say no one has ever proved it can happen-e.g. no testing for the AO will yield no evidence of AO. Amazing, huh? You don’t rally have to be Bill Nye the Science Guy to figure this one out.
Lucky for the Vet that VA was so confident of winning they didn’t see fit to write up a good nexus denying him. VLJ showed them the error of their ways by granting on the benefit of the doubt. Ah, how sweet the sound.
VA AO Decision Favorable to Ft McClellan Vet (Citation #1108696)
I guess Sen. Sneakers put the fear of God into those military shrinks and their minders. I just received this from Deepthroat up in Michigan. He always has the best stuff. Oddly, the military, in spite of what they have always held, have now decided that malingerers only make up a very small portion of the claims. That’s mighty cordial of them to acknowledge this after thousands of Vets were besmirched as being fakers and money grubbing welfare -type cheats.
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Bethanie Spangenberg
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Wesley McCauley
Veterans Claims Help 