Cavc Gets Fed Up

[Berta]

POUSSON v. SHINSEKI: WHAT HAPPENS WHEN VA LAWYERS

DON'T PLAY BY THE RULES -- "It is abundantly clear

that the Court is nearing its limit with VA lawyers

playing fast and loose with the Court's rules."

http://www.vawatchdog.org/09/nf09/nfapr09/nf040309-4.htm

NOTES: On page 2, note 1, the Court took judicial notice that in appeals before the Court the Secretary's loss of a claims file "is not an isolated event."

On page 5, the Court notes that "the Secretary's actions in this case constitute gross negligence and a gross lack of diligence in fulfilling the requirements of the Court's Rules -- and a wholly unprofessional and unacceptable 'effort' to timely file the DOR -- that have caused an extensive and unwarranted delay..."

The following analysis was provided by an attorney who practices veterans' law.

full story at VA Watchdog- there is a lot to this- particularily how this stuff enhances the "DELAY" tactics of the VA claims process.

The CAse itself is "unremarkable" as Larry says- meaning- this is not about the CAVC case-it is about what the Court took note of in that case.

[Berta]

Just to add (and this is extraordinary)

"To emphasize the Court’s displeasure, it ordered the Secretary to pay the attorneys fees and costs of all the attorneys who appeared in the case. Although this was not the monetary penalty or other legal sanction sought by some in the case, it appears to be the first time that the Court has ordered payment to attorneys other than the veteran’s attorney."

YEAH cost these clowns money and maybe this crap will stop-

This could certainly impact on shreddergate victims-and its it odd that the lost files were suddenly "found" by VA at the last minute?

[tagandbag]

I like the other side getting spanked instead of the veterans always getting the runaround.

T&B

[peacecindia]

I wonder if the veteran won his earlier effective date?

CH

Just to add (and this is extraordinary)

"To emphasize the Court’s displeasure, it ordered the Secretary to pay the attorneys fees and costs of all the attorneys who appeared in the case. Although this was not the monetary penalty or other legal sanction sought by some in the case, it appears to be the first time that the Court has ordered payment to attorneys other than the veteran’s attorney."

YEAH cost these clowns money and maybe this crap will stop-

This could certainly impact on shreddergate victims-and its it odd that the lost files were suddenly "found" by VA at the last minute?

Edited April 3, 2009 by peacecindia

[john999]

All claim files should be scanned onto a computer backup system so the VA cannot get away with this jazz. The VA even said they had no DD214 for me to delay a claim. Why not use these lame excuses if the jerks don't have to pay for their misdeeds? The VA acts like an insurance company that does not want to pay a claim. They find multi reasons to delay payment. When insurance company refuses to pay a claim you have your insurance commission to help, but we vets have nobody but congress critter. These guys are usually unavailable due to being at lobbyest office picking up their check.

[carlie]

To me this just continues to show that the Veteran's Benefits Administration

just truly does not give a rats azz about the claimant getting their benefits,

and this is shown from RO's BVA, AMC and even the Court.

Many, many times it is ADVERSARIAL from start to finish.

carlie

[allan]

For a time, I actually hated the DVA and all it's employees. I considered them more of an enemy than terrorists or any other threat to this nation.

I don't hate them anymore. I know it's all about the money.

They will sell their soul to screw vets out of their benefits. I'm glad they catch those who are trying to cheat the system, but I've spent to many years seeing vets cheated by the DVA to know how things are really set up.

I feel for honest VA employees trying to do the right thing. It's got to be a tough job with so many trashing their work. Maybe it's time they get off their butts and clean up their profession.