Macklem V. Shinseki Question For Asknod

[Berta]

Asknod is there any further update at all to this case?????

Like, is the veteran still hanging in there ,

because they probably hope his wife might die too.

This is intricate VA case law for all you leagle beagles here.....

and only Alex can sum it all up, the way this stuff really gets capriciously contamiated , and confused...

The CUerinos here need to read this:

https://asknod.wordpress.com/2011/09/27/cavc-macklem-v-shinseki-leroy-macklem-come-on-down/

https://asknod.wordpress.com/2012/01/11/fed-cir-shinseki-v-macklem-part-2/

Every claimant here needs to understand this

The VBM by NVLSP ,under citations within 12.6.1. and the other VACO info cites 2 invalidated fast letters, (FL 07-19 and FL 8-24)

What I still call Extraschedular consideration,which has been traditional done by VACO, has changed.

When the Fast letters were invalidated by the court, as I understand the VBM, the ROs C & P services made the 'extraschedular decision at that point....Machlem is cited in this regard in the VBM.

As of printing/publishing time of the 2014 VBM , the ROs had not implemented any scenario at all, as to what happened to VA claimants, who fell under the Fast letters above, prior to those letters being invalidated.

The biggest problem with this is,in my opinion, a VACO extraschedular favorable decision is binding on the RO.

The VACO ( VHA ,VBA) can read.

Handing 'extraschedular consideration' issues over the the C & P examiners just adds more denials to the Hamster wheel.

Edited March 20, 2015 by Berta (see edit history)

[kate7772]

Wow! Love Asknod's way with words. Very entertaining and yet informative.

Kate

[broncovet]

This is what Thomas Andrews, esquire, has to say about Macklem:

http://thomasandrewslaw.blogspot.com/2010/08/macklem-eap-equals-cue.html

[Berta]

THANK YOU BRONCOVET! Superb link.

In part:

"The Court commented on the fact that many claims adjudicators are underqualified (26% do not have college degrees, 40% have college degrees, and only 34% have more than a college degree) and commented that the VA should be able to have some system to allow more experienced supervision to avoid mistakes. Id. at *12.

Tell me about it.I have griped about that for years.......I got a 'medical' review recently (among many other past bogis crap from my VARO, that shows these people cannot even read. or are too lazy to read....or are ordered what Not to read.

As I told Ms Hickey, we claimants didn't cause the backlog. It started at the RO level.,by the VA itself.

Great link Broncovet.!

VA case law and regs can be used as effectively against their erroneous decisions, as well as the way they try to erroneously use them against us.

But like I always say here , Time is the enemy, of claimants, not the VA.

Machlem, at time of Asknod's link, was already 88 years old!

[toddt]

Berta, very interesting case. It got my curiosity up. Unfortunately, Mr. Macklem passed away November 2014:

http://msc.mihomepaper.com/news/2014-11-12/Obituaries/LEROY_B_Babe_MACKLEM.html#.VQwxQ47F-Vo

His wife preceded him in death four years earlier:

http://sanilaccountynews.viewnewspapers.net/news/2010-11-03/Obituaries/MARY_POSTICH_MACKLEM.html

I called the office of the lawyer that represented Leroy. The lawyer is out of town however his secretary said she would call me back.

Edited March 20, 2015 by toddt (see edit history)

[Berta]

Oh thanks, that is very sad......

[broncovet]

Thanks, Berta. I thought you may be mad I answered when you asked for Ask Nod's opinion. However, this lawyer seems to know "a little" about VA law.

I agree that ASKnod, and yourself are the best legal experts on the internet, with the exception of some lawyers like Mr. Carpenter, Katrina Eagle, and some very top lawyers. You and NOD are far more qualified than 90% of the lawyers, and 100% of the rookie lawyers, to answer legal questions. I thank both you and Ask nod for sharing your valuable information to Vets, for free.