NOVA-Advocacy at a higher level

[FormerMember]

I've tried it all. Blogs, claims appeals etc. I finally hit on going and meeting them face to face. I had the pleasure of meeting Judge  "Saint" Mary Schoelen last spring in San Francisco. This year it was Judge Alan Lance. This cuts closer and dodges the 2 year FNGs in Congress. CAVC Judges are around for 20 years. Same for VLJs. I even had a good one-on-one with Ken Carpenter about my panel for EAJA fees. This is where Justice for Vets was born. 

http://asknod.org/2016/03/15/bva-phil-cushman-never-heard-of-him/

 

Clear to active runway

 

[Buck52]

Alex,

Sounds like you had a good meeting, thanks for sharing.

...........Buck

[broncovet]

Ken Carpenter may well be the lawyer that has done more for Vets than any other.  Buie comes to mind, but there are many many more victories that that carpenter has built.  

My guess is that new rookie VA employee attorney's who have to face Mr. Carpenter do so with fear and regret.  They draw straws to see who looses and is "fed" to Mr. Carpenter.  

Edited March 16, 2016 by broncovet

[FormerMember]

Mr. Carpenter's devotion to Veterans is overwhelming. He was absent in Las Vegas Thursday for the opening ceremonies. The reason?  He was doing oral arguments on Andrews versus McDonald before the Federal Circuit in Washington DC. He then jumped on the red eye American Airlines flight that evening and was at the podium for the Friday morning opening remarks. He admitted to feeling a little punch drunk from the five-hour flight plus a three hour difference in time.

I attach the oral pleadings here so you can get an idea of why other Veterans lawyers like to use him for their cases. He has one of the most mellifluous voices ever heard and a wonderful brand of humor that sets judges at ease. Here, you will hear the Federal Circuit cut and ream the VA counsel a brand new a$$. One thing I've learned arguing some of my own cases above is to never interrupt or try to talk over a judge-especially a woman. Baaaaaaaaaaaaaaaaaaaaaaad idea. As to telling the Federal Circuit what they can and cannot address in a case is asking for a sharp legal b*tchslap. You will hear a shrill-voiced VA OGC lawyer gal attempt this legal technique and try to instruct the Court on how to interpret Clear and Unmistakable Error. Whoooo doggies. Make plenty of popcorn and put on your mental seatbelt. This gives a whole new meaning to being a fly on the wall.

http://www.veteranslawlibrary.com/files/Fed_Cir_Audio/2016/Andrews_2015-7035.mp3

[RUREADY]

I wish you study his win and not remands he is just like the other

you can hire .Remands he get paid. Don't help the vet but

another chance to at the apple. jmho

Edited March 17, 2016 by RUREADY

[ketchup56]

Explicit Denial my as#^%=€...What a waste of taxpayers money. .The case was already established that an unadjudicated claim was found but yet because the veteran didn't argue CUE it's a JURISDICTIONAL problem. ..Another trick by the secretary to get around the ruling of Roberson, Moody, Ingram and many others to come. I have a case currently at the bva for an unadjudicated claim from 1983 in which the varo is saying that in my 1983 application in where it ask to name a disability or symptoms I referred them to "see medical records " but they never did because they lost my service medical records somehow and never to today found them,and at the same time never established and notified me that my records were FUTILE to continue search UNTIL I filed my subsequent 2010 claim which was awarded s/c...Yet the only thing the varo can come up with is they claim that my application was SUBSTANTIALLY INCOMPLETE because I didn't tell them exactly that xxxxxxx hurt or my big toe is weird looking. .What a crock of bull. This is not what Ingram,Roberson, Cook, Moody Norris or West decisions or even Brokoski stands for when arguing Benefit Sought or the intentions of Congress about these particular mandates. (Sympathetic Reading, Liberal Contrue,Ambiguity of any doubt ) Yet the Secretary and his/her cronies just keep trying ways to manipulate and misconstrue precedence that's been on the books forever yet they still do it. This veteran will most likely be looking for a start over with final resolution 5 years down the road. So will I most likely. ..JMHO  Just Venting.