WWP–REVENGE IS A DISH BEST LEFT UNSERVED

unnamed (5)Contrary to what many of you among my readership might feel in light of yesterday’s news of the divestiture of Messieurs Nardizzi and Giordano, I feel no vindication or joy. Perhaps a sigh of relief that funds donated to Veterans might now make their way to those intended is uppermost in my mind. 

There can be no joy in Mudville when things like this occur. That it continued for seven years is merely an anomaly. Egregious behaviour doesn’t escape notice forever. Sunshine is always the best disinfectant.  That Dean Graham and I chose to shine a bright light on this and protest was inevitable. That we were sued for slander was, too. I was more than willing to admit my error. My attorney had to teach me the proper way to do so. I suspect Dean was equally admonished by his leagle beagles on the proper way to do this henceforth.

No one benefits from their removal besides the post-911 Veterans. It will have no effect on all of us who served prior to September 11th, 2001. I suspect the ones who will breathe the largest sigh of relief are Col John Melia Sr. (USA Ret.) as well as his sons. The stain of the sin tended to reflect on them simply as guilt by association. He conveyed to me the mortification they all felt as the WWP metamorphosed from a caring, meaningful endeavour into what appeared on its face to be a self-centered, narcissistic one.

We can all use this as a teaching moment to understand what avarice can do to us. Truly disabled Veterans are akin to an endangered species and need protections. I always point to some of the larger outfits like Fisher House as exemplars of what can happen when devotion to this concept is followed and personalities are set aside. Remember, this isn’t about the organization or its logo-it’s about the Veteran. If you lose sight of that, your precept for existence has no grounding.

Mostly, I have no desire to learn how to rappel down bell towers in Colorado.

And that’s all my attorney will let me say about that.

Posted in KP Veterans, Veterans Charity concerns | Tagged , , , , , , , , , , , , , , , , | 8 Comments

VETERANS SERVICE OFFICER–C FILE? NEVER HEARD OF THAT ONE.

the-foghorn-leghornI can see Foghorn Leghorn (insert VSO here) talking to that little pipsqueak chickenhawk (Veteran) and saying  “C-file? Who told you about a c-file? Well, my lands. A c-file. Nope. Never heard of a c-file.  Does that c stand for secret?  A C-file, huh? Next thing you know these younguns will be thinkin’ the earth is round.”

Read this one from Sherry, folks. I’m in the midst of packing for tomorrow’s departure to the Spring NOVA conference and I find this one on my comments feed. My hair stood on end. This on top of a chance encounter with a renter’s Marine combat father (boot on the ground for a year) who had another strange DAV tale.

John informed me his VSO had summarily announced there simply was no more money to be had above a rating of TDIU or 100% schedular. Period. Never. Nada. No way, José. If there was, that feller would know about it. Honust Injun.

2 hours ago

I am married to my Vietnam Navy Corpsman (Rick) for nearly 30 years. We are both confused as to what the C-file contains. Rick requested his C-file from his VSO and was told he had never heard of a C-file. Rick’s situation is his VSO filed a claim for him in regards to his severe COPD and hearing loss. He just received [h]is notification of the claim and was granted 10% for his hearing loss but nothing on COPD. Rick had asked his VSO to hold off submitting the claim as he was undergoing many additional physical tests and he was waiting for additional medical records to back up his claim. The VSO is retiring and felt he needed to submit the claim and did so without consulting with Rick first.

Now, the VSO says Rick needs to file another claim for any additional ailments. Long story short, back in 2001 Rick’s PTSD had boiled out and was stopped via the police from him doing harm to himself. Rick was hospitalized and connected with a Psychologist and referred him to his local VSO so that he could connect with the VA as he diagnosed him with “Delayed Onset PTSD”. Rick and went in to see the VSO and Rick was told his VA records were destroyed in a fire and basically no record of him being in Service. The VSO did however set an appointment with a VA doctor for which I drove him to. That Doctor told him at that one time appointment that the story he had shared with his Psychologist concerning two helicopters crashing was not on record therefore there was nothing they could do to help him. Well, my husband was very upset when leaving this appointment to say the least. No records of his Service to his Country and now this Doc basically calling him a liar. Rick continued for many years seeing his Psychologist which turned out to be a real blessing for him. He was placed on medication for which his Doctor has said he will need to stay on the rest of his life. His sessions and the Meds is what really saved his life. Rick has requested records from his current VSO in regards to his contact with the VSO back in 2001 and he says there are no records. Shouldn’t there be something? How does one obtain records regarding that VA Doctor appointment from 2001? Would the C-File contain that info? Thank you for listening and any support you may supply.

Boy, howdy I can see where this one’s heading Sherry. You are suffering from apathetic, lazy  Veterans Service Officers. The fire they mention is one that occurred Friday, 13 July 1973. The military is so lazy, they take forever to get the records over to the National Personnel Records Center for permanent archiving. They would have a hard time explaining how this fire consumed his records as his military records exist in a different warehouse entirely.  One I might add that has never burned down. A concise accounting of what actually burned is in dispute as they are still reclaiming files. Here’s the Wiki link to read about. 

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The NPRC fire that occurred March 6th, 2016

Excerpted:

The losses to Federal military records collection included:

80% loss to records of U.S. Army personnel discharged November 1, 1912, to January 1, 1960

75% loss to records of U.S. Air Force personnel discharged September 25, 1947, to January 1, 1964, with names alphabetically after Hubbard, James E.

Some U.S. Army Reserve personnel who performed their initial active duty for training in the late 1950s but who received final discharge as late as 1964.

VA labors under the misconception that Veterans cannot read and write. I don’t see any dates in the 1966-75 range in there. I got out in February 1973 and my records didn’t get burned up. I have a friend we got SC for hep on that served from 1980-1984 and his were burned up. Somebody must have one of those DeLoreans that does time travel who hates Veterans. I hear it’s fairly common.

Humor aside and a moment of honesty. Sherry, this website was designed for you by someone who didn’t know a c-file from a fingernail file eight years ago. Welcome home. You can now proceed to win your claim. We have lots of folks here who know a lot about what you two have already been through. We can all tell you that you’ll win eventually on all counts to one degree or another. Amounts I could not venture to say but the sooner you divorce yourselves from  your knowledge-deprived VSO legal beagles and begin reading here, I guarantee you will succeed. You will also have to take away their Power of Attorney that began this trail of tears in the first place.

downloadVSO officers get 40 hours of training to begin with and then a refresher 40 hours every year (sometimes). If you plan it right, you can do it during Pong night at the VSO bar if they have one. Each session is a three hour block of learning. There’s also the annual convention in(insert major city here). VSO legal help, like a free cup of coffee, has its limitations. Like Forest Gump and chocolates, VSOs can be dynamite but-“You never know what you’re gonna get.” Congress has decided we are not entitled to an attorney until we lose at the first “court”. Think of it like baseball and they just took away one of your 3 strikes. VSOs are chartered by Congress and owe their existence to them…and the Department of Veterans Affairs. Your legal concerns, as you just saw, were ignored and this caused you to lose the first strike. Relax. We’ll teach you how to do this. You’re a smart cookie because you found your way here. That probably makes you about spouse #4000 to do so. Many of us got bent brain from the argument over where the boundary line was in Vietnam forty years ago. I have had far more spouses contact me than husbands in the first instance.

We get it. We aren’t lazy here.  I have at least 2,500 posts here of “How to…”. We’ll show you how to get your records from the NPRC or VA before VA loses them permanently. We have the forms and we have the recipe. Think about this, Sherry. I began in 1989. I began again in 1994. I began again in 2007 and then listened to my spouse and did it right. I won everything there was to win in February 2015. If you can bake cookies, this ought to be a slam dunk.

CaptureMy email is asknod@gmail.com . I will be out of town in a real school for the next week getting some of those legal hours in and drinking up a storm but will return any 911 emails. If you have any claims recently denied (within the last 30 days, you are okay timewise. If you are holding a recent (within 30 days) Statement of the Case (SOC), run, do not walk, to the computer keyboard and contact us so you do not lose a lot of time you have invested into this.

Just kidding about the mass quantities of  ETOH. Seriously, I’m stage 4. I limit myself strictly to only four cocktails a day. Tell your husband “Welcome Home”. I get to say that because I was there too. If he has any combat medals, this is going to be a really short cakewalk.

Posted in C-Files and RBAs, NPRC 1973 Fire, Tips and Tricks | Tagged , , , , , , , , , , , , , , , , , , , , | 3 Comments

RA drug warning for active or latent HCV carriers

xeljanz

Click on image to view 2-min. video.

A new Pfizer drug marketed as Xeljanz (tofacitinib) is “a prescription medicine called a Janus kinase (JAK) inhibitor. XELJANZ is used to treat adults with moderately to severely active rheumatoid arthritis in which methotrexate did not work well. It is not known if XELJANZ is safe and effective in people with Hepatitis B or C. XELJANZ is not for people with severe liver problems.”

(This medication is in pill form versus injected/infused medications.)  However, the FDA’s warning language changes. (LINK)

XELJANZ may cause serious side effects, including:

Hepatitis B or C activation infection in people who carry the virus in their blood. If you are a carrier of the hepatitis B or C virus (viruses that affect the liver), the virus may become active while you use XELJANZ.

May become active? Or not known? 

One abstract in PUBMED states the viral reactivation problem:

Treatment considerations in patients with concomitant viral infection and autoimmune rheumatic diseases. (LINK)

Abstract (emphasis added)

Widespread use of immunosuppressive drugs, …in autoimmune rheumatic diseases (ARDs) has been found to be associated with the reactivation of underlying latent viruses. The clinical features of virus reactivation can sometimes mimic flare of the underlying ARDs. The correct diagnosis and management of such reactivation is crucial, as increasing the dose of immunosuppressive drugs to treat a presumed flare of underlying ARDs would probably be of no benefit, and it could exert a detrimental effect on the host. This review focused on the effects of immunosuppressive drugs on underlying chronic viral infections, particularly hepatitis B virus, hepatitis C virus, human immunodeficiency virus, …It also covered the effect of interferon-α, which is used to treat chronic hepatitis infection, and the induction of autoimmunity.

So in simple terms, a doctor may confuse virus reactions for ARD flare ups, prescribe a higher dose of medication, which in turn, can make latent undetectable viruses lethal again.

Pfizer is selling directly to patients in Martha Stewart magazine, and elsewhere, and the VA. Latent viral reactivation is a worrisome topic for veterans.  Will all VA physicians screen for hepatitis before prescribing this medication? One VA fact sheet for patients makes no mention of hepatitis. And a VA professional monograph (LINK) simply states:

Viral reactivation was noted in the clinical studies with tofacitinib. The impact of tofacitinib on chronic viral hepatitis reactivation is unknown. Those who screened positive for hepatitis B or C were excluded from clinical trials.

So I would err on the side of caution and read the fine print if you have RA.

Posted in Blood info, Guest authors, HCV Health, HCV Risks (documented), Medical News, VA Health Care | Tagged , , , , , | 9 Comments

HAPPY ANNIVERSARY BUCKWHEAT

22th-birthday-cakeSung to the tune of that lovely Subaru®  doggie commercial…

 

 

 

 

 

 

You’re not my Buddy and you sure ain’t my Friend

You’ve been denying me since I don’t know when

Blue Slip 94

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Now whenever I file

I say please and smile

‘Cause I’m gettin’ pretty near the end

FINDINGS OF FACT

1. A November 1994 rating decision denied service connection for hepatitis, and in December 1994, the Veteran submitted a notice of disagreement.

2. In January 1995, the Veteran was issued a statement of the case; however, he did not submit a substantive appeal within one year of the November 1994 rating decision, and the RO closed the appeal.

3. No new and material evidence was received within one year of the November 1994 rating decision.

4. The Veteran’s application to reopen his claim for service connection for hepatitis was received on February 23, 2007.

5. A March 1992 Board decision granted service connection for tinnitus; this was implemented in a July 1992 rating decision wherein a noncompensable disability rating was assigned effective July 12, 1989;

6. There was no notice of disagreement or new and material evidence within one year of the July 1992 RO decision. 7. On March 31, 1994, the RO received the Veteran’s claim for an increased disability rating for the service-connected tinnitus.

7. A November 1994 rating decision denied an increased disability rating for the service-connected tinnitus, and in December 1994, the Veteran submitted a notice of disagreement.

8. In January 1995, the Veteran was issued a statement of the case, and in February 1995, he was afforded a VA audio-ear disorders examination, the report of which was associated with the Veteran’s claims file within one year of the issuance of the statement of the case; a supplemental statement of the case was never issued to the Veteran, therefore, the November 1994 rating decision did not become final.

9. On February 23, 2007, the RO received the Veteran’s claim for an increased disability rating for tinnitus.

CONCLUSIONS OF LAW

1. The criteria for an effective date prior to February 23, 2007, for service connection for hepatitis C have not been met. 38 U.S.C.A. §§ 5103, 5107, 5110 (West 2002 & Supp. 2011); 38 C.F.R. § 3.400 (2011).

2. The criteria for an effective date prior to March 31, 1994, for the assignment of a 10 percent disability rating for service-connected tinnitus have not been met. 38 U.S.C.A. §§ 5103, 5107, 5110; 38 C.F.R. §§ 3.157(b); 3.400.

10-6-2014 PCT CUE SOC Redacted 18

 

September 4, 2015

The Veteran had active military service from October 1969 to February 1973. He is in receipt of a 100 percent schedular evaluation, effective March 31, 1994. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Seattle, Washington.

The Veteran testified before the undersigned at an April 2015 Travel Board hearing. The undersigned noted the issue on appeal and engaged in a colloquy with the Veteran toward substantiation of his claim. See Bryant v. Shinseki, 23 Vet. App. 488, 496-97 (2010). A transcript of the hearing is included in the claims file.

This appeal was processed using the Veterans Benefits Management System (VBMS) paperless claims processing system. Any future consideration of the appeal should take into consideration the existence of the electronic record.

FINDING OF FACT

The Veteran’s PCT is manifest by skin problems covering more than 20 percent of his skin surface and requiring treatment through phlebotomies approximately nine months a year, which result in two weeks of dizziness and decreased mental acuity after each procedure, and total impairment during the remaining months when phlebotomies are not performed.

CONCLUSIONS OF LAW

1. The criteria are met for a 30 percent rating for PCT scarring and skin manifestations. 38 U.S.C.A. §§ 1155, 5107 (West 2014); 38 C.F.R. §§ 3.102, 4.3, 4.118, Diagnostic Codes (DCs) 7354, 7815 (2015).

2. The criteria are also met for a separate 100 percent rating for PCT and its residuals related to treatment through phlebotomies, rated analogously to dialysis. 38 U.S.C.A. §§ 1155, 5107 (West 2014); 38 C.F.R. §§ 3.102, 4.3, 4.115a, 4.117, DCs 7354, 7700 (2015).

 

 

 

StreetSign 1

Posted in Humor, KP Veterans, Vietnam Disease Issues, Vietnam War history | Tagged , , , , , , , , , , , , , , | Leave a comment

OMG–SAY IT AIN’T SO

hamburger-hill-10-greatest-vietnam-war-films-the-blazing-reel

Hill 930 20 May 1969

In this day and age of rage and what’s in and what’s not, certain things catch our collective Facebook Eye. The absolute latest rage is Veterans. Live, in the flesh, active duty troops for NFL games, real war heroes who have overcome diversity and wounded folk who managed to crawl out the other side of adversity and escape. They now are actively engaged in rebuilding their lives and going on. They epitomize courage and that insane ‘devotion gene’ singular to us Patriots with a capital P.

It’s the same gene that engendered the Shot heard ’round the world, the planting of the flag at Mount Suribachi, even that insane assault up (Hamburger) Hill 930 on May- 10-20, 1969. On that august occasionM79_GL_40mm,  I was preparing my Valedictorian Speech for the graduating class of Vermont Academy. Turns out it wasn’t needed. Being 59th in a class of 64 doesn’t generally make the educational hierarchy beat a path to your door for a speech. Turned out, too, that my senior Trigonometry course ( D-) in its most rudimentary form would soon be my new BFF when enjoying and employing Mr. Thumper  a year or so later.

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Fred and Diane Kane

Which brings us to a nasty CBS newscast last night that a Veterans Charity was losing its prime contributor.  This is disconcerting news for any number of reasons. It endangers all Veterans Charity organizations with the onus of profligate expenditures on single malt scotch and expensive digs in five star hotels. I’m sure the DAV and other VSOs were shivering in place at the future prospect of having to justify drunken debauchery at some of their funny hat conventions across the fruited plain.

No one wants to be tarred and feathered as being pro Vet about collecting donations and then hoarding them. This doesn’t play well with the Veteran lovers in Peoria. It didn’t last night. What’s worse,  it seems no one can have a one-on-one with any of the Board of Directors of the charity involved. Everyone is “not available for comment.” Or, they send out the apologist.

We are watching one of two things. Either a wonderful, deserving Veterans charity devoted to helping Vets is being assaulted by a vengeful press for no real reason or we are witnessing a travesty of justice of unimaginable vindictiveness. Or, Occam’s razor is for application. I always use the presumption of regularity. If it appears legitimate then it is legitimate. On the other hand, if it appears queer and there is no rationale to explain it, the the presumption of regularity cannot attach and it is irregular. Once the sobriquet of irregularity attaches, nothing can be taken for granted and all explanations ring hollow.

We seem to have reached that impasse. Who to believe? As most of you know, I have adopted the stance of an agnostic and defer to others for their unbiased views…

http://www.charitynavigator.org/index.cfm?bay=search.news&orgid=12842#.VtzbrPkrJaS

Posted in Uncategorized, Veterans Charity concerns | Tagged , , , , , , , , , , , , , , , , , , , , | 4 Comments

CAVC–FILING FOR A PANEL ON EX WRIT EAJA FEES

vetcourtappealspromoToday, in frustration, I filed for my EAJA fees on my Extraordinary Writ of Mandamus again by asking to go around Judge “Denied!” Davis. Realizing you cannot teach the fine points of law to a biased mentality, and seeking to teach other Veterans how this process works, The filing was anticlimactic. LawBob Squarepants dutifully filed at my behest. He does so with qualms the Court may find this motion frivolous. Here’s Davis’ flawed denial. EAJA denial

As I discussed in the earlier dissertation on the applicability of Buckhannon/Brickwood jurisprudence and it’s “catalyst” theory, what we have here is a different can of beans. The Extraordinary Writ was filed purely to force compliance with a previous order. Since the CAVC has no judicial motion you can file to do this other than a Writ, this was my weapon of choice. To a hammer, everything looks like a nail. Figuring I ought to go for the most bang for the $50 and ask for everything at once, I threw in all the dirty laundry that was still in the pipeline. Boy, howdy did that ever work.

downloadThe Court looks dimly on upstart practitioners who dare tell it how to run its shop. But on the other hand, how can Veterans justice advance without a few cases such as mine wherein we are willing to call them out for an ages-old practice of blanket denials of EAJA fees in Mandamus filings.  Mine is one of those unique cases. I won. I won it all. The problem was I won it all on April 23, 2013. It just took a SOC, a SSOC, a phone call and letter to Call me Bob, and lastly my Writ to light the dynamite under their asses. Bob and I think we earned that piddling $3907.74.

EAJA Panel

Asknod's  VA LogoIt may very well be a short trip to nowhere- a shiny new panel of three with a brand new bitchslap of a denial or…. We may get some forward thinkers at the CAVC with an open mind who feel the Veteran should be paid sooner rather than 22 years later- and be paid in full.. Failing far thinkers, we are preparing for the Federal Circuit on this one. VA is so far out of line and has been for so long that to allow this tyranny to continue amounts to looking the other way. Those who know me understand why I cannot do that. It would be like KIA/BNR all over again. I refuse to leave any more of my brothers and sisters behind on this paper trail.

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Back in the saddle again

Posted in CAVC ruling, EAJA, Extraordinary Writs of Mandamus, Important CAVC/COVA Ruling, KP Veterans, Tips and Tricks, Veterans Law | Tagged , , , , , , , , , , , , , , , , , , , | 1 Comment

Hadit.com Radio Poll for President

Who will it be?

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WASHINGTON, DC - MARCH 28: Sen. Bernie Sanders (I-VT) addresses a rally in support of Social Security in the Dirksen Senate Office Building on Capitol Hill March 28, 2011 in Washington, DC. Sanders and four other Democratic senators, including Senate Majority Leader Harry Reid (D-NV), said the Republicans' entitlement reform plan will "dismantle Social Security, delay distribution of benefits to seniors." (Photo by Chip Somodevilla/Getty Images) *** Local Caption *** Bernie Sanders

P.S. This is an accurate poll. I inserted a cookie that prevents morally challenged folks from voting more than once. As such, it can be used as a barometer for what the Veteran population may decide to do. However, there are many months between now and November and ample opportunity for contenders to step on their neckties.

Posted in General Messages, KP Veterans, VA Health Care | Tagged , , , , , , , , , , , , , | 2 Comments

HADIT.COM RADIO TODAY @ 2000 HRS EDT

 

Sorry for the late info but we’ve been running a race against time to combat the denial of my CAVC EAJA Fees on #15-0112. I have ten days to file for a Panel review. This evening we are going to go out onto thin ice, we being John, Jerrel and myself, and discuss who is the most pro-Vet candidate among the thinning herd of Presidential contestants and why. We will not be entertaining politics per se, but trying to touch on who would be the most beneficial to Veterans in the next four years. 

Please do call in and give us your opinion. I, for one, am undecided for any number of reasons. I vote a straight NRA/ Veterans ticket. Little else interests me. Bogus boondogles into far away country’s politics are going to have to be put on the back burner. China’s hegimony in the Spratley Islands is our biggest military threat since Iraqistan. Russia is now openly sailing it’s spyships past Georgia. They even plan to reopen a “base” on Cuba.

Whoever we choose as President is going to be required to take a different tack than in the past as we seem to have lost the respect of  the World Powers who joust with us for the upper hand. That will have grave repercussions on more and more of us as Vets. Additionally, this implies we may have more disabled Veterans in the future. As spending isn’t keeping up with VA’s requests (or is it vice versa), funding in the next four years will be critical. Any President unwilling to consider this possibility is not presidential material. We cannot simply turn tail and run because we refuse to allocate the money to be a Super Power.

And that’s all I’m going to say about that …until 1700 Local. I have to take my neighbor Butch Long of LZ Cork Fame in for an extensive x ray party to find all the metallic pieces because VA is not being honest in their appraisals of what constitutes retained metal fragments. If I am a tad late, sit tight. I’d never blow you all off. I look forward to a lively discussion on who and what we should be looking at.

Be there or be square. the call in number is

347-237-4819 (push #1 to talk)

Posted in VA Health Care, VA statistics, Veterans Choice card | Tagged , , , , , , , , , , , , , , , , , , , | Leave a comment

ILP–LITTLE GREENHOUSE ON THE PRAIRIE

Jack-Kammerer

VR&E’s fearless leader

Ah, my stars. Look how time flies. Spring is only moments away and the greenhouse I anticipated is nowhere on the horizon. No, joking aside, folks, VR&E SES’s were put on notice September 4th, 2015 that they were going to have to forego bonuses this year. While they dawdled, the cost of the building increased dramatically-as did my imagination. 

 

When I first found about ILP in 2010, I was sick and naive enough to believe you could walk in and ask for a greenhouse. ILP Guru and Jedi Master Bruce Almighty McCartney back east gladly sent me pictures of his 2007 success story. He spent three years waiting.Bruce g-house 1

Bruce g-house 2Knowing I needed to teach this new VA skill set to others, I dutifully filed in March 2011 and began my own Trail of Tears. A relatively short time later (in VA time) in September 2015, I was granted this tool to help others. The Agency’s delay in implementing it speaks volumes to the ineptness of the VR&E hierarchy. At what point does it cross the line from ludicrous delay to purposeful? I grant they are in a quandary. Nobody since Bruce has been awarded one to my knowledge. Maybe they forgot how.

I, like King Canute, cannot stop the tide nor put Spring on hold. Nature operates on a far different esoteric level than what we are capable of discerning. And, moving on while waiting for Col. Kammerer to send me his ILP credit card number and info, I am forced to make do with what I have. I take the three carbon emitters to help increase the CO² inside.

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Cherokee Purple was the winner in 12 days

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the three carbon emitters

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I’m thinking about asking Col. Kammerer to add cable TV internet access and a new computer out there. I might need to know something about hydroponics and it’s a three minute stroll back to la maison. Maybe WiFi too. And some stereo music speakers. I hear tell plants cotton to Country and Western tunes. But what am I saying? The reason it’s taking so long is because they want to get it perfect, right? Shucks. Here I was all worried they were going to cheap out on me. I’m betting they’re burning the midnight oil down at 810 Varmint Ave, NW and slaving over a very generous VR&E Individualized Independent Living Program (IILP) ’til the wee hours every day. I bet that contract encompasses all my needs. Actually, if I’m going to spend a lot of time out there, seems a big screen TV would be a good idea too. And a 12 K generator with a deadman autostart in case of power failures.

Funny thing is this six-month delay must be dragging down their efficiency numbers. Whoever expected there to be a backlog of ILP claims?

Posted in Independent Living Program, KP Veterans, VA BACKLOG, VR&E | Tagged , , , , , , , , , , , , , , , | 3 Comments

CAVC–GRAHAM V McDONALD- THE BUCKHANNON CATALYST THEORY

vetcourtappealspromoJudge Davis just announced my denial for EAJA fees yesterday afternoon. It took him almost six months of struggle to write it. As the decision is horribly flawed, it will be appealed for a panel decision first. If that fails, we set sail to the Federal Circus. It’s not about the $3,904.11. It’s the legal stance he took. It shows he was asleep at the wheel.

I have been using Bob Walsh for this but he doesn’t have the deep pockets for a big assault on the Feds. Instead, I hope to enlist my fellow members in NOVA/NVLSP to take it up.

As some will recall, I won it all, or what appeared to be all back in April, 2013. The CAVC sent it back with a Joint Motion for Partial Remand (JPMR) to grant me everything I filed for in 1994. Unfortunately, the Veterans Law Judge was not happy with being overruled so he simply ignored the full thrust of the remand.

I did wait patiently for over 13 months from the date of his legal abortion to file my Extraordinary Writ. As most know, I won everything I asked for.  Judge Davis doesn’t cotton to LawBob Squarepants. This we know. It came as no surprise that he took six months to craft a denial. The problem is that it is flawed.

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In VA jurisprudence, when the Court remands a case back to the BVA via a joint remand, it is an acknowledgement of an administrative flaw in the decision. Judge Mark Hindin (bless his pointed little head)  bifurcated two inextricably intertwined claims and denied one for failure to timely file a VA Form 9. I was in the Seattle VAMC sailing my bed around high as a kite on Dilaudid. I filed the VA 9 when I regained my senses but VA refused to accept it. I filed a request to grant equitable tolling in light of the medial situation. They never even bothered to answer it. He denied it in May 2012 and that was the end of it until the CAVC pulled their plug in April 2013. VA agreed to grant everything back to 1994 with no codicils on the porphyria. Hindin refused to honor it.

This creates a situation, judicially, where a lower tribunal refuses to obey the Court. This cannot stand for any number of reasons. Why even have a CAVC if the DVA and the BVA are going to ignore them? Judge Davis just put his imprimatur on my decision and said it’s perfectly legal to screw Vets over for as long as they want to. Up to now, when someone like me arrives again and complains via an Extraordinary Writ of Mandamus that the job was incomplete, the Court merely asks the VA Secretary if he can defend his actions. This is usually the “catalyst” for VA to fix it pronto. They did. They gave me everything I asked for in 45 days after fighting me tooth and nail for 22 years. What they refused to do was reimburse us (LawBob and moi) our legal fees for having to fix it.

JDavis

WANTED- for stupidity above and beyond the call of jurisprudence

Yesterday, Judge Davis agreed with the VA and said Veterans have no right to EAJA fees in the absence of an order from the Court demanding they perform as promised. This casts a pall over Veterans Justice. If the Court will not reimburse our attorneys for the correction of this type of injustice, they will invariably shy away from helping us knowing there is no money in it. Always remember, VA asked to strike a bargain with me for the JMPR. I agreed. Promises were made and gifts were exchanged. The BVA decided to renege on that agreement. That is really all this is about.

The call has gone out to my fellow NOVA attorneys seeking help.

Here is the CAVC remand: April 2013 JMPR to BVA

Here’ LawBob Squarepants argument for EAJA:  Request for EAJA fees

Here’s the Davis abortion: Graham v McDonald ( Ex Writ EAJA fees)

I suspect the next stop is the Federal Circuit in search of a different interpretation of law. I sure don’t see Judge Davis or some of the others getting a case of remorse for hanging me out for 22 years.

Posted in CAVC ruling, CAVC/COVA Decision, EAJA, KP Veterans, VA Attorneys | Tagged , , , , , , , , , , , , , , , , , , , | 4 Comments