FormerMember Posted March 23, 2015 Share Posted March 23, 2015 Sometimes there's just not enough runway to get airborne. After almost 22 years of litigation. with success an arm's length away, a CAVC Judge says "You didn't make the case, senor". Back to the hamster wheel. What the hey? I would have been bored in retirement. https://asknod.wordpress.com/2015/03/22/cavc-birth-of-a-writ-act-iii-scene-9-welcome-to-the-hotel-california-again/ Onward through the Fog. Right, Berta? ----X---- o o Clear Prop Link to comment Share on other sites More sharing options...
Notorious Kelly Posted March 23, 2015 Share Posted March 23, 2015 Geez asknod - as much as you've helped others we were sure rooting for you to get your due. Hang tough! me.plum 1 Link to comment Share on other sites More sharing options...
Berta Posted March 23, 2015 Share Posted March 23, 2015 YOU Bet your Bippy Alex !!!!!!!! (Nebel des Krieges) the Fog of War is" the uncertainty in situational awareness experienced by participants in military operations." Applicable to the VA as well.... "A single mistake will lead to a major catastrophe" Robert Mc Namara, in "The Fog of War" ( a fabulous book) On the up side, a dead American Indian inspired paratroopers in WW !!, and his name became a war cry. I say to you, GERONIMO !!!!!!!!and take them to the Fed District Court........ Or equally as much fun, look for some more CUEs in their past decisions. To me a CUE is like my yellow squash plants.Find and pick one or two little early ones and then you get a s--t load more before you know it.. I have had more CUE claims then regular claims I think.It just makes sense that if you find one valid CUE it is as least as likely as not, you can find more in the same decision. I filed 4 CUEs on each of my recent decisions last week directly with the Director, via email.Now all is in DC. I bust out laughing while talking to her when I found the 8th one. I have to fill a big box with yellow squash on my deck every year, and practically have to beg (or threaten) anyone who comes here to take some squash home with them. I Never hear any fat ladies singing. Link to comment Share on other sites More sharing options...
FormerMember Posted March 23, 2015 Author Share Posted March 23, 2015 I take all my excess squash to the food bank if they get away from me and get big. After about 20 visits, they pull down the shades and don't answer the door. Fighting VA should not have to be a lifetime avocation, but when they pick the wrong honcho to throw down with, they often find themselves in an interesting quandary such as yours and mine. I long debated going after them on the now-declassified Air America records I FOIA'd in 2012. VA declared anything related to that were not service dept. records. They put it in writing in 1989 saying "PMRs (personal medical records) are not proof of service connection." The records clearly identified me as "Sgt." What they hey. It's only good for a back injury claim from 88-94 when the 100% kicks in (maybe 20% at the most) so less than $3000. But now they pissed me off again... I hate that when that happens. Buck52 1 Link to comment Share on other sites More sharing options...
HadIt.com Elder Chuck75 Posted March 23, 2015 HadIt.com Elder Share Posted March 23, 2015 (edited) I'd agree, since more than one of my claims and denials shows the VA's past reputation for denial any way they think of, legal or not. CUE is too often the only way to force proper consideration. Today, I was at a VA CLinic for an annual appointment, really only needed to renew prescriptions. (Should be semi-annual, but you know how the VA is.) Anyway, while waiting, I ran across a notice to the effect that the VA is not required to supply prescriptions issued by "outside" doctors. That's far from the truth, since there is a law that covers such situations that requires the VA to do so, with caviats and gory details. The same law (and attitude) applies to various things other than durg prescriptions. For example, it's possible for the VA to supply or pay for surgical implants of various types. Naturally, the notice was written in an obvious way to discourage veterans from using outside medical care and resources. (Gotta have total control, don't you know!) Edited March 23, 2015 by Chuck75 Link to comment Share on other sites More sharing options...
Slowlane Posted March 23, 2015 Share Posted March 23, 2015 The Hamster wheel keeps you healthy and sharp. Good luck and dont "Nod" off ! Link to comment Share on other sites More sharing options...
Recommended Posts