CAVC-KINDER V. McDONALD–ACTUAL IMPROVEMENT OF FUNCTIONING IN EVERYDAY LIFE

vetcourtappealspromoHoo, boy. You read that and you get the heebie jeebies thinking this is a foray into VR&E ILP Law. Sad to say, we need a good opinion on that subject and none on the horizon except mine in the BVA chute waiting to come out. False alarm. It’s our ages-old VA once again reducing ratings when their focus should be on issuing them. Funny thing is they rarely succeed at this. It’s so predictable, you almost can guarantee you’ll see several a year show up here. 

Meet Mr. Jeffrey G. Kinder, a peacetime Vet of the 80s (83-86) who came back several years after that three-year stint and decided to become a lifer in 88.  He got a fistful of medals spanning the two wars of 91 and through 05. He managed to clobber his foot somehow and it was clearly SC. He got the rating smartly accomplished before pulling the plug and VA quickly gave him 30% for the faux left toe and another 10% for scarring. Some of this must have encompassed the pain on excursion but the CAVC decision (14-1434) doesn’t specifically mention a rating for that.

Here’s where Mr. Kinder’s oddysey leaves the realm of credulity and moves into the Twilight zone. The Denver RO issued this rating in March 2005. Barely a year later in February 2006, they had Jeff back in for another C&P. Denver can’t even find the bid records for the new hospital in that time yet they have Jeff back on the exam table.

VA performed additional examinations of Mr. Kinder’s left toe and scar in February 2006. The examiner noted that the left toe had a “successful surgical outcome with some persistent pain and reduced motion.” The examiner noted that there was tenderness with motion and that Mr. Kinder had subjective complaints of pain in the region of the joint, including pain with walking, standing, and activity.  The examiner also indicated that Mr. Kinder was unemployed.  Following this examination, the RO proposed to reduce Mr. Kinder’s disability rating for his left toe to 10% and reduce the rating for his scar to noncompensable. Mr. Kinder expressed his disagreement with this proposal in a May 2006 letter, which indicated that the surgery on his left foot aggravated him so much that he could hardly walk, that he was unemployed, and requested that he be afforded vocational rehabilitation. 
The RO implemented the rating reduction in May 2006.

Kinda reminds me of one of those rude, uncouth Cheeze-its. “I can’t hear youuuuu.” And here we depart into Never Never Land and the theatre of the absurd. Having been previously apprised of his (un) employment status and desire to do some retraining a la VR&E, the VA calls him back in yet again for Dog and Pony Show # 3. This time it’s a mere formality to keep all the boxes checked and the process legal.

Kinder BVA top sheetKinder

2013 JMR

Kinder reversa

lKInder II reversal.

In October 2006, VA performed another examination of Mr. Kinder’s service-connected foot disorder. The examiner noted that Mr. Kinder had “worked as a civilian in Kuwait as an ammo specialist” in 2005 and “then worked as a civilian contractor in Iraq for 6 weeks” but”was then medically evac[uated] out of Iraq due to problems with his right foot and right leg.” The examiner then stated: “He has not missed any days of work in the last year due to his left foot or toe condition.” Id. The examiner also noted that Mr. Kinder reported “chronic pain in his
left second toe at the MTP joint that has brought worse flares everyday with weightbearing or any standing or walking.” Id. The examiner further noted that Mr. Kinder complained that his pain “has never gotten better after surgery and never gone away.”

Granted, he did say the medivac was for his right foot and right leg. The Rater firmly clings to this as Gospel in an attempt to divert attention away from the fact that the left foot/toe issues are still the focus of the problem. This is  also a lovely way of moonwalking semantically saying that had it not been for the right leg issues, he’d still be employed but the suggestion is still that he really has not missed any work except for that pesky medivac. This rater has been to the Baltimore Aspire Academy and obtained his degree in Advanced Tortured English Usage. Here he ably employed it to Mr. Kinder’s rating and then ignored all further evidence- lay or otherwise-to rebut it.

Denver dutifully issued a SOC in December 2007 and the Alex Trebek music welled up in a 30-second loop that would span another six years. In November 2012, the BVA VLJ, Mike Kilcoyne, put the fork in it and affirmed the reduction. Jeff now has seven years into this and his saga is just beginning.

Kinder realized this was going nowhere and wisely headed up to 625 Indiana Ave. for some real justice and thought he had attained it. Feeling extremely confident,  he took a JMR for a remand to straighten it out. The only problem with these types of pseudoremands are that the BVA (and by extension the RO) just gin up a new “what part of ‘no’ don’t you understand, Jeff?”. Kilcoyne once again put his flawed, improper imprimatur on it and they sent it out to steno for typing and mailing. SOSDD (same old shit- different decision).

downloadSeems Jeff wasn’t born recently so he headed back to the Big House yet again. The second time was the charm. Considering it came from Judge Moorman, I’m pleasantly surprised, too. The judge wasn’t as entertained on this return visit as the OGC thought he would be. In fact, he threw the yellow flag down and then read them the riot act once again on when and how you giveth- and when and why you can taketh away. It can most easily be seen in action in Schafrath v Derwinski (1991) and Brown v Brown (1993). When you (VA) set out to reduce, the law is almost as strict as calling CUE on your own prior ratings. Not only does the Vet have to have substantially improved, the VA has to show that it’s a) at least as likely as not that the improvement is going to continue and is not merely a temporary flash in the pan; additionally b), you (VA) have ascertained the effects of  any pain in musculoskeletal injuries (Deluca v. Brown (1995)) and take that into consideration.

Part c of this reduction test includes the Brown codicil that VA consider the ‘big picture’ and address how all this affects the actual day-to-day functioning in everyday life. This is where it segues dangerously into that ILP “independence in the activities of everyday living” language. Suddenly the rater is given God-like powers of determination as to what, subjectively, he the rater determines is applicable to the Vet’s abilities to “soldier on”. In Jeff’s case, this was never addressed. The rater focused on anything and everything but his ability to put one foot in front of the other (pun inadvertently inserted but not intended) and make do with what he had.

In the 21st Century, we almost always see the military issue what they consider definitive disability ratings as we transition now from soldier to Vet (MEBs). What we also see more and more of is the propensity of the VA to abrogate what would appear to be the same ratings protocols and promptly reduce that which the Vet was awarded by the service. The VA denial language may differ subtly but the Modus Operandi is identical every time. This is a variation on the Military granting 40% and before you can get to the Denver RO and the rarefied air there, you discover VA shrinkage to 10%. If it were only Denver you could ascribe it to the altitude. One thing is certain and immutable. You can’t hang this one on stoned DROs. Maybe VLJ Kilcoyne has a winter skiing getaway or condo there…

CaptureCongratulations to Alexandra Lio for a stunning reversal feather to add to her resume. She hangs her shingle at Bob Chisholm’s Ranch in case you need her. This isn’t her first, nor will it be her last expedition up to the Big House, I’m sure.

 

Posted in CAVC Knowledge, CAVC/COVA Decision, Lawyering Up, Reductions in rating | Tagged , , , , , , , , , , , , , , , , , | 2 Comments

New free release: Post-Vietnam Dioxin Exposure in Agent Orange-Contaminated C-123 Aircraft

Agent Orange and C-123

Free download (120 pages)

The VA ordered this study and it is now available as a free download (pdf link)–or it can be read online. In short, the findings state: 

“Post-Vietnam Dioxin Exposure rejects the idea that the dioxin residues detected on interior surfaces of the C-123s were immobile and effectively inaccessible to the Reservists as a source of exposure. Accordingly, this report states with confidence that the Air Force Reservists were exposed when working in the Operation Ranch Hand C-123s and so experienced some increase in their risk of a variety of adverse responses.”

This study was authored by:

Committee to Evaluate the Potential Exposure of Agent Orange/TCDD Residue and Level of Risk of Adverse Health Effects for Aircrew of Post-Vietnam C-123 Aircraft; Board on the Health of Select Populations; Institute of Medicine

Posted in AO, Guest authors, Medical News, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , | 2 Comments

Free veterans’ law clinics at top universities

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Hall of Languages at Syracuse University Image credit: Xiaofan Luo on Flickr (some rights reserved)

Alternatives to VSOs are cropping up.  There’s Yale Veterans Legal Services Clinic in Connecticut.  Now New Yorkers are stepping up. 

“When a veteran is assisted by an attorney when applying for benefits or upgrading their military discharge the impact can be incredible,” said Tom Caruso, the co-founder of the Veterans Legal Clinic at Syracuse University. “Studies have shown that there is a 144 percent increase in compensation on VA claims and the veterans can have a VA decision in just a few weeks.” (LINK)

The need in the area is great.  They write “With one of the country’s largest military bases, Ft. Drum, a reserve unit from every military branch in Onondaga County, and the Syracuse VA Medical Center directly next-door, Syracuse Law is uniquely positioned to establish New York State’s first comprehensive Veterans Legal Clinic.”

The Veterans Legal Clinic of Syracuse University College of Law is designed for those who can’t afford an attorney. Transportation to appointments are free too.

The Clinic will benefit our veterans and community by assisting with VA claims, representing clients in VA Claim appeals, and helping veterans in upgrading discharges.

The student attorneys work pro bono and earn college credits and professional experience.

Syracuse  also offers practicing attorneys a free six-hour Clinical Legal Education (CLE) qualification in return for helping one veteran with a legal matter pro bono.  CLE Topics covered include:

  • VA benefits
  • Discharge Upgrades
  • Service Members Civil Relief Act (SCRA)
  • Uniformd Service Employment and Reemployment Rights Act
  • Veterans in the Criminal Justice System

College legal programs under the direction of qualified attorneys are good for veterans because it’s not clear if there are any educational qualifications for VSOs  prior to taking  VA qualifying VSO classes.  The BVA has over 500 attorney’s (plus new hires) helping judges deal with claims.

The VA has published a fact sheet (2/15) with information about free legal help at VA facilities (LINK) that may be useful but there is little consistency in what services are offered nationwide.

A 2015 list of pro bono veterans’ legal services is here (LINK).  I’m not aware of a way to assess their success rate since non-VSOs seem to be lumped into the “other” category by the BVA.  If the various legal clinics were broken out as a class we could see how they are doing with their representation at the BVA.

Posted in BvA Decisions, Guest authors, Lawyering Up, Tips and Tricks, VA Attorneys, VA statistics, Veterans Law | Tagged , , , , , , , , , , , , , , , , , , , | 2 Comments

ILP– HI YO SILVER QUEEN AWAY

2015-04-29 11.54.16Nothing is more fun than getting tomatoes and corn in the ground. Well, except for all the other flavors of fruit and vegetables. It behooves me to be able, now, to prove to the VR&E hierarchy that I can operate a larger greenhouse. Once (I’m an optimist) I win this at the BVA, there is going to be much consternation in Room 1366 over what and how to deal with me. Remember, Seattle has never had a Vet so rude and obstreperous as me. I had the gall to actually appeal my denial to DC. Hiding the VA 9 in some file no one could find was merely a temporary staving off of finality. I merely sent in another one. Those green cards may cost about $7.00 but the look of absolute surprise (and horror) that crosses their countenances is worth every penny when you pull it out.

Again, perennially I thank Paul and Leigh for enlightening me on which corn to grow. Silver Queen is killer. I started it in the greenhouse a bit prematurely but the weather turned warm quickly. It did get to about 12 inches before I planted. So much for being knee-high by the 4th of July.

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And the sugar snap/strawberry report for Monday evening.

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And Tuesday

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And this afternoon

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And last but not least, Cupcake with our new fertilizer specialist Cooper.

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Posted in Food for the soul, Independent Living Program, VR&E | Tagged , , , , , , , , , , , , , , , , , | 1 Comment

DVA-WHAT ELSE COULD GO WRONG?

VeteransAdministration.12755109_stdThat question must ricochet around 810 Vermin Ave. NW day in and day out. If it isn’t someone with a conscience and an ax to grind filing a Whistleblower claim, it’s some unnerving revelation that the boys in Denver have been playing fast and loose poker with the contractors of the new VAMC. Somebody saw the bet and called. VA didn’t have the $1.6 billion  owing and had to admit it publicly. Unfortunately, Rep. Miller is getting bombarded day in and day out as well with requests for more hearings on what is turning out to be a distressingly long list of dirty VA laundry. The ashes of Phoenix haven’t even cooled off yet. What gives?

Secretary Call me Bob has been in the saddle for long enough to be apprised of the myriad problems and given the authority to hire and fire to fix it.  He seems rather ambivalent from one day to the next about firing all the gomers or praying things settle down.

Consider the lists you guys send me. All this in a week.

http://www.washingtonpost.com/blogs/federal-eye/wp/2015/06/02/va-acknowledges-it-has-no-contracts-in-place-for-some-outside-medical-care-for-veterans/?tid=hpModule_308f7142-9199-11e2-bdea-e32ad90da239

http://dailycaller.com/2015/06/02/va-whistleblower-reports-intimidation-after-revealing-billions-in-illegal-healthcare-spending/

http://www.azcentral.com/story/news/arizona/investigations/2015/05/24/phoenix-va-bosses-mired-personal-conflicts/27724253/

VA OIG Calls Out Fraud And Abuse At Philadelphia VA

http://www.foxbusiness.com/economy-policy/2015/06/01/va-vanishing-patient-flra-case/

http://cnsnews.com/news/article/senate-tweaks-health-law-boost-specialized-care

http://www.battlecreekenquirer.com/story/news/crime/2015/05/20/former-veterans-affairs-director-sent-trial/27669817/

http://www.newsmax.com/US/veterans-va-scandal-john-boehner/2015/05/20/id/645762/

http://www.washingtonpost.com/blogs/federal-eye/wp/2015/05/14/9-big-takeaways-from-memo-accusing-va-of-making-a-mockery-of-spending-rules/

The VA propaganda machine

Click to access Veteran_Poverty_Trends.pdf

Click to access VAOIG-SAR-2015-1.pdf

Then the inane. Oh, God. We’re mollycoddling them.

http://www.wadenapj.com/opinion/commentary/3753594-va-blue-water-agent-orange-lawsuit-dismissed

And the human interest stories on Vets. These warm my heart. Keep sending them in.

http://www.newstimes.com/local/article/World-War-II-vet-who-lost-life-savings-to-be-6276476.php?google_editors_picks=true

http://www.huffingtonpost.com/2015/05/23/hawaii-mango-man_n_7425252.html

Posted in All about Veterans, Food for thought, Gulf War Issues, Medical News, OIG Entertainment, VA Health Care, VA Medical Mysteries Explained, vA news, VA statistics, VAOIG Watchdogs, Veterans Law | Tagged , , , , , , , , , , , , , , , , , | 1 Comment

KEY PENINSULA VETS– PERSONALIZED VET BRICKS

Capture 2Hey Veterans. How about showing some support for the Key Peninsula Veterans Brick drive. All the profits for these babies go to help real Vets with no deductions for Dealer Prep. and handling fees. No fuel surcharges. No VSOs intercepting a “small contribution for the National Organization”. Nada. These are my brothers and sisters on our tiny peninsula. We are rural and many are poor beyond their means.

What’s more, we have no national affiliation with the 59 Big Brothers that dominate the Veterans conversation re donations. Thus every dime percolates to those who need it. We also have Fireworks around the 4th of July if any of you want to drive up here for that. We cannot deliver. USPS is adamant about that.

Attached here is the .pdf and order form to download and print. Show your support for my Vet’s organization if you feel I’ve made any difference in your lives. The money will go to an excellent cause unencumbered. I thank each of you in advance.

Key Peninsula Vet Bricks

Posted in KP Veterans | Tagged , , , , , , , , , , , , , | Leave a comment

VA– PTSD METRICS IN NEW DSM V vs. DSM IV

CaptureLawbob Squarepants  has given me a new PTSD bible to roam through showing the new, improved Rand McNally© DSM 5 roadmap to the mind. Personally, being stark raving mad as the USAF described me, I have no interest in wandering the highways and byways of the interior facets of my mind. If they are bent, so be it. Wondering why or cataloging all the obsequious behavioral aspects solves no useful purpose. I’m 64. Too late.

Nevertheless, because such a large number of you from the Iraqistan Olympics are returning looking like GI Joe/ Jane missing a substantial amount of  those two thousand body parts you began life with, I feel it is imperative that you all examine the playbook that VA is using to measure you on the mental plane. Obviously, the VA panacea is to deny and declare them all personality disorders and offer Thorazine by the truckload. Problem solved. The miracle of medication.

Some may say I am “enabling malingerers” or teaching to the test. I disagree. I see it as an aspect of the Freedom Of Information Act. I don’t think anyone should have “secret lists” like the Spanish Inquisition whereby you are summarily declared guilty in the absence of charges. More to the point, Glasnost is the order of the day according to Call me Bob McDonald. I simply consider I’m doing Secretary Bob a favor just like he did me on my Extraordinary Writ back in January. Remember, VA likes to say we’re all steakholders (sic) in this lifeboat. I agree. Beef looks good on me.

DSM-5_Changes_Sweeton

downloadAn open apprisal of the metrics used to determine pass/fail for PTSD should be no secret. Surely, these VA Masters of the Human Mind  have methods to segregate the fakirs and wannabe MDDs. With that sure knowledge, an open discussion should be the order of the day which is why I decided to publish it.

The upside is that it might help even one Veteran to assess himself and ask that daunting self-interrogatory- “Shoot. What if  I do have it?”  I’d rather save one and risk enabling 3 with nothing more than a personality disorder to file a contrived claim.

Theresa, the owner of Hadit.com, put it most succinctly when she said “Leave no one behind. Not on a Jungle Trail. Not on a Desert Trail. Not on a Paper Trail.™. If you’ve ever been forced to leave someone behind, I can assure you, you’ll spend the rest of your life thinking about it; wondering how you could have done it differently; where in the hell was the promised TACAir; why the BUFF was too late. It may bend your brain…. or not. And that’s all I’m gonna say about that.

P.S. Here’s a new article about Obstructive Sleep Apnea (OSA) and PTSD.

OSA and PTSD FINAL 5-19-15

Posted in C&P exams, Gulf War Issues, PTSD, TBI, Tips and Tricks, VA Medical Mysteries Explained, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , | 3 Comments

Proposed amendment to the Veterans Access, Choice, and Accountability Act of 2014

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Click image to see Rep. Miller’s legislation.

This hopeful update is brought to you by frequent commenter Hepper.  

On May 22, 2015, the Senate passed an ACT to attempt to reform the restrictive way the VA and Secretary McDonald is interpreting the 40-mile rule.  

Click link to read: ‘‘Access to Community  Care for Veterans Act of 2015’’. 

The bill numbering changed from S. 207 >

S. 1463. 

As CNS news writes, “The Senate bill would open up private care to veterans who live within 40 miles of a medical facility run by the Department of Veterans Affairs, so long as the VA site does not offer the care required.”

Congress.gov is replacing Thomas.gov for legal research:  Status of S. 1463:

5/26/2015 Referred to the Committee on Veterans’ Affairs, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

GOVTRACK is another way to keep track of this amendment.

So we’ll see how long it takes Chairman Miller to hold a hearing on this amendment and get it over to the House.  Of course, none of this delay would be necessary if the VA wasn’t so recalcitrant with regard to providing appropriate and timely health care to veterans close to their homes.  If you see the hearing scheduled on C-SPAN,  let us know.

Expect-Delays-sign(1)

Posted in Guest authors, VA Health Care, vA news, Veterans Choice card | Tagged , , , , , , , , , , , , , , , , , | 1 Comment

CAVC–TO WRIT OR NOT TO WRIT

vetcourtappealspromoI’m beginning to see a groundswell of disgruntled Veterans contacting me after my prolonged Extraordinary Writ series from January through March. All contain one thread-delay, denial, misconstrual. In a word, all that VA has always been famous for coming on nigh 239 years (since 1776). I count retroactive pensions for those who fought that first War of Independence. The common sentiment is “Can I file a Writ too?”  You betcha.

That’s the short answer, of course. If you have Jesus in your heart and $50 in you wallet, you can file.

If you feel you got handed the wrong end of the punji stick, you can file.

If it’s been three years since you heard from the RO, and your VSO rep.’s phone machine still says they’ll be out of the office until January 2nd, 2014, you can file.

If you’ve written them a gazillion letters in the last two years and all you get is “We are processing you new claim received on March 2, 2015. Please be patient. We are experiencing a slight delay due to conversion to the new digital VBMS.” , you can file.

In short, I can’t think of one good reason between you and that surplus Ulysses S. Grant coupon in your pocket  as to why you cannot file. In fact, even if you were totally bereft and down to a postage stamp, you can file.

The CAVC is more civilized and has forms. I suppose that now encompasses the VA since March 25th of this year. Nevertheless, the forms may be filled out by hand and permit some individuality. I’d hold off on the Tickle me Elmo™ stickers in the upper right. We want to appear to have more decorum that those drunken bums with funny hats.

You may file for anything you want to but you will never win. My Writ was denied but its objective was more than met. Never has $50 purchased $70,000.00 in all my years of investing-all in less than fifty five days. We’re talking electronically deposited already, mind you. You will either have your Writ denied or dismissed depending on the frivolity or solemnity of the purported crime.

If you do not have a long track record of VA ignoring you for 20 years, you need prove they have been ignoring you for at least two years and some change. That seems to be the point where the CAVC judge finally asks VA what kind of shenanigans they are pulling. Since it takes the VA 30 days to find anything, it lengthens this process. Otherwise they could do this in a week like GE or John Deere. If the matter is minor, sometimes only two weeks is allotted. The OGC then has some hotfootin’ to do. They usually show back up at 625 Native American Ave. NW and ask for more time about an hour before it’s due.

In addition to the two years plus, you need something to show the man that you are awaiting something that should only take a week in VA time. You are going to lose but you are going to prod the VA into doing something-be it issue a SOC  so you can pass go, file the VA 9 and move on or to certify a claim with a VA 8 and set it free for DC. That isn’t what it used to be now that VAROs are punting everything to BVA. Often a VA 8 only ensures it moves from one pile to another at the VARO and sits in the new location for two years.

A Writ is a cry in the night-usually by someone who is overwhelmed (or underwhelmed) with the interminable delay they encounter at this game. Yes. A game. Face it, if you have to learn the rules and hop through imaginary hoops to attain that which is rightfully owed, it’s no longer an orderly process that anyone can avail themselves of. It devolves not into entitlement but how to push the right button; how to assemble a dossier properly or a well-written resumé professionally accomplished. This is one reason law dogs look at these askance. Aside from the fact that VA rarely pays any EAJA fees on them, they are for CLE hours on the clock-pure pro bono work and nothing more. But, there’s always a but, if you get to rep. one of these folks, you get to hear some interesting stories.

VA attorneys dislike filing these because they make the rainmaker look like a right tackle on the legal football field. Big and mean and small-minded. Tying up valuable judicial time with frivolous filings is frowned on, and remembered, at the CAVC. If you show up driving a Writ, it better be a classy ride like mine was.

A  pro se Writ might not have a legal shred of evidence to support it and it will still elicit an investigation for the delay. In that, it is one hell of a tool in the Veterans’ toolbox. For fifty samoles, you can get the ultimate eBenefits update while you’re sitting on the VARO freeway after exit 3. Yeppers.  In forty five days, you will find that you’re now at exit 4 and traffic is once again moving smartly along at 10 mph. Expected decision time  at 810 Vermin Ave. NW 20420 is approximately two years and three months dead ahead unless, of course, you get a kicker advancement on the docket under 38 CFR § 20.900(c). Then it’s two months. Dream on. I got one but hey, I’ve been sitting on the Group W bench since March 1994.

A Writ is the absolute quickest panacea for those “Why haven’t they called?” moments. When the better half is having a hard time feeding the kids on WIC tickets, EBT, and the stipend from the state, you can show you’re proactive and file a Writ. She and you will both have an answer in short order. Occasionally, claims do fall through the cracks. Mine did from January 1995 until I “poked” them in 2007 with stage 4 cirrhosis. That’s a great way to get their attention, by the way.

A Writ cannot be a vehicle to get around the normal legal path to completion. With that said, nearly every one is just that. If it isn’t a shortcut, it is a forceful reminder that something is amiss and ignoring it will not resolve it or make it  go away. It is a plea to put the claim back on the tracks and let it proceed from oblivion, or wherever they are hiding it, to completion. In that regard, you are not cheating or cutting line. It’s more along the lines of a query as to what the holdup is. 8 out of 10 of these will result in a SOC or a SSOC in order to appease the Court and show them that VA is “on it”. In reality, it’s a mere “Denied again” with a brief, peremptory top-sheeting to  get your name spelled right. Sometimes they even get that wrong. My VR&E SOC said “Mr. Gordon continues to insist that the ILP program permits avocational applications.”

download (1)A Writ can be written by you replete with incomplete sentences and dangling participles and I guarantee you will not be at the Court more than six days before the largest hailstorm of legal flyers from across the fruited plane are going to descend on you. That’s our National Organization of Veterans Advocates (or NOVA) working for free for you. Real, live lawyers with brand name Juris Doctorates showing they have more than a GED and DAV in their heart. I think they should make Vets put their email address on the Writ so the NOVA folks can get to the high ground and say no old-growth trees were harmed in the production of trying to rep. the Vet. Shoo doggies. I could have been a politician. Listen to me.

A Writ can be brief and to the point or it can run to 125 pages like mine with evidence. The actual document is legally constrained to be 20 pages or less about the actual crime, but that’s a lot of complaining. I did 21 years worth of travesties in 17 pages to give you an idea.

A Writ can be a true legal work of art or it can be a coarse canvas with stick figures (figuratively speaking, of course). You can bring what you want to it. The important thing is to file it. Another beauty of a Writ is you are allowed to introduce the evidence of your choosing. There is no statute or regulation restricting what is submitted. It simply has to be on paper. No body parts or other organic substances are permitted which rules out trying to bribe the CAVC Judge with Krispy Kremes™.

And that, gentle reader, is why I called you here. Member Howard, (not the famous Howard of Our Lord’s Prayer Howard) who is attempting this project, has asked for some parameters as well as particulars. One thing he advocates, and I can break bread with him on this, would be for every Veteran- every man jack- who has been interminably delayed beyond the 2 1/2 year talisman to file a Writ. Since most are indigent, nearly so,  or meet the rigorous CAVC $2 million dollars or less test, this would only pose the cost of a 48¢ stamp currently. Paper is cheap. You could even download and print the CAVC application at the library assuming you had a mobile, changing zip code with the seasons or your own whims demand you lead a spartan, outdoor existence eschewing normal living abodes. Boy howdy, talk about a backlog. Veterans filed about 4,000 Writs last year. Can you imagine 400,000 of you monkeys showing up pro se and exercising your right to a Writ?  Just don’t say I sent you, okay? Blame Howard. It was his idea. That’s what we did in Vietnam.

Once you launch a Writ, much like a bullet, you cannot call it back. Nor would you want to. It’s pure enjoyment and high theatre to watch the OGC lash the poor VARO slaves and dredge up these lost files and mislaid claims- the older, the more egregious, I might add. Witness how the Seattle folks suddenly discovered they had a case of the vapors last fall and accidentally denied my CUE in their poorly reasoned SOC. With nary a smidgen of new evidence, the arrival of the OGC at the front door sparked a completely different outcome without so much as me filing anything more that a silly $50 Writ. Not only that, they even upped my ratings, gave me back one, and made it retro to 1994.  And I was dealt two, count ’em, two VA 8s in that Writ poker game.I suppose, on second thought, if you got a case of the willies you could call it back. I know there are some who get a 0% rating for Tinnitus and worry that VA’s Bad Boys are going to come and take it away if you file for an increase too soon. That’s a faery tale told by VSOs at bedtime to scare Vets.

Who says you can’t buy justice? Of course, if everyone starts filing a Writ based on the presumption they got dissed or ignored, Bruce “Almighty” Kasold will probably up the entry fee to $100. J1VO.

Keep sending those cards and e-letters in, folks. I read them all.

streetsign-1

Posted in CAVC Knowledge, CAVC ruling, EAJA, Extraordinary Writs of Mandamus, Lawyering Up, Tips and Tricks, VA BACKLOG, Veterans Law | Tagged , , , , , , , , , , , , , | 4 Comments

ILP Work notes

No Bozos

No Bozos

This is a temporary post for those listening to the Hadit.com Independent Living Program broadcast  this morning at 0700 Local Left Coast Time or 1000 hrs on Congressional Wasting Time (EDT).

Here are links you may find helpful:

https://asknod.wordpress.com/2012/11/25/ilp-nod-on-greenhouse/

The VARO who’s who at the top in the widgets section above

https://asknod.wordpress.com/varo-whos-who/

https://asknod.wordpress.com/2014/05/21/va-ilp-ssoc-rebuttal-like-clay-in-my-hands/

https://asknod.wordpress.com/2013/04/18/bva-dude-youre-not-getting-a-dell/

https://asknod.wordpress.com/2013/04/21/bva-193-but-no-ilp/

ILP Form 9

The call in number is 347-237-4819

Or listen here: http://www.blogtalkradio.com/haditcom

I want to walk each of you interested through the process and open your eyes to how easy it is to crack this nut. As with all VA projects, all you need is time.

P.S. Appears we’re have the gremlin gottchas with technical difficulties. Bear with us… Looks like a wave off for Today folks. Reschedule is tentatively advanced 24 hours to Tomorrow -Same Bat Time, Same Bat Channel.

bat-signal

Posted in Independent Living Program, Tips and Tricks, VR&E | Tagged , , , , , , | 4 Comments