carlie Posted November 26, 2013 Share Posted November 26, 2013 Sometimes, getting these chowderhead VLJs to actually read the C-file is extremely difficult. This one still refuses to admit he's wrong! http://asknod.wordpress.com/2013/11/25/bva-win-im-48/ It's a win. As to whether they'll do a credible job on the Fenderson staged rating remains to be seen. Hell, the diagnostic codes have changed several times. It will be a twenty year protected rating in a few months. Happy Thanksgiving to all. A Clear Prop. Yes, it's a win - Good job ! Tenacity at it's finest. Now let's just hope the staged ratings, per evidence of record back to 1994, warrant some financial compensation along the years. I sure hope you don't have to do another round of appeals for it. Happy Thanksgiving back at ya. Link to comment Share on other sites More sharing options...
FormerMember Posted November 27, 2013 Author Share Posted November 27, 2013 VA generally hands these down to the VAROs fairly rapidly such that you have a garbled, disjointed rating in about a month. I'm going to play mum until I see their cards. If there's any concertina wire in between the Hep and the PCT as to the EED, I have 120 days from November 21st to file my NOA back up to the Court and keep that one alive. This time I'll pound nails into it and go for a reversal and remand to comply. It's flat out wrong and they know they can't do it. OGC knows it but for some reason left it horribly vague with just enough salt on it to give old Hindin the idea which way the wind was blowing. One other thing they don't like to do is put the Judge on the spot and call him out on his stupidity. The proper way was to let him find the Easter egg. The OGC just leads them over until they're close to it. Have any of you ever met the Markster? He's at least 5'2 with his hair all moussed up or permed to look like a wire-haired terrier and has the elevated shoes deal. If he was bald, I imagine he'd have an elaborate combover. Add a Mitch Miller mustache/goatee and you get the picture. Like any VA Judge, he sits there and lets you pull up enough rope to hang yourself if you're foolish enough to run on. A clear prop! Link to comment Share on other sites More sharing options...
carlie Posted November 27, 2013 Share Posted November 27, 2013 At least Hindin's underlings (most likely) nailed it, for him to sign off on. I hope you receive some good retro in the staged ratings from your VARO. Link to comment Share on other sites More sharing options...
FormerMember Posted November 27, 2013 Author Share Posted November 27, 2013 (edited) Boy, if that's the case, I sure wouldn't relish having them. I know he has 10-12 assigned staff attorneys (Acting VLJs) in waiting but this is basically a rehash of the same decision with 'coerced' substituted for 'denied'. A do over is supposed to, by law reexamine all the pertinent files and perhaps give a peek at what I was contending. I see nothing other than a sour grapes approach. Very rare to see it written down. Very rare. Happy T-day to you and the rest of the crew, Carlie. I, too, look forward with interest to what VA accomplishes on this extended Fenderson expedition. A cp Edited November 27, 2013 by asknod Link to comment Share on other sites More sharing options...
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