https://unitedforvets.us/benefits daily 0.75 2023-01-22 https://unitedforvets.us/benefits/camplejeune monthly 0.5 2022-08-10 https://unitedforvets.us/benefits/agentorange monthly 0.5 2022-08-10 https://unitedforvets.us/benefits/burnpits monthly 0.5 2022-08-10 https://unitedforvets.us/benefits/burnpitsprepactact monthly 0.5 2022-08-10 https://unitedforvets.us/benefits/nexusopinions monthly 0.5 2022-10-01 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1632862916410-1D69WQ0ADN6ZJ8CW7MWM/02.jpg Understanding VA Benefits - Understanding Nexus Opinions - Generally speaking, a claim for service-connection, whether direct or secondary, has three important pieces. First, there has to be a current disability. There must be medical evidence that you have been treated or are currently being treated for a medical condition. It also helps if you have a specific diagnosis from a medical provider instead of something generic, such as "left knee condition". Second, there must be some event or injury during your active-duty service. Did you fall off a helicopter, witness a traumatic event, or continue your duty when you should have rested after an injury? While it always helps to have an injury or event documented while in service, it doesn't have to be to succeed on a claim. Thirdly and most important, there must be a nexus, or a link, between the two. This often comes in the form of a medical nexus opinion. A claim for service-connection cannot be granted without one. Often times, the VA will schedule you for a Compensation and Pension ("C&P") examination. Sadly, the C&P examinations are often very brief, hastily done, and don't tell the full story. This is where the importance of a private nexus opinion becomes clear. We work with medical experts around the country to obtain legitimate nexus opinion, or to lay down that bad C&P for good. However, obtaining a nexus opinion should never be done alone. An accredited agent works frequently with nexus opinion providers and can help formulate the best nexus questions. You want to ensure a nexus opinion addresses the underlying legal question. Having an agent coordinate this is always your best option to ensure a favorable outcome. If you are considering a nexus opinion, believe your claim needs one, or are frustrated over a bad C&P examination, contact us today for a free consultation and guidance on your claim. https://unitedforvets.us/benefits/category/Nexus+Opinion monthly 0.5 https://unitedforvets.us/benefits/tag/In+Service monthly 0.5 https://unitedforvets.us/benefits/tag/Presumptive monthly 0.5 https://unitedforvets.us/benefits/tag/Veterans+Disability monthly 0.5 https://unitedforvets.us/benefits/tag/Veterans+Law+Attorney monthly 0.5 https://unitedforvets.us/benefits/tag/PACT+Act monthly 0.5 https://unitedforvets.us/benefits/tag/Medical+Evidence monthly 0.5 https://unitedforvets.us/benefits/tag/Medical+Link monthly 0.5 https://unitedforvets.us/benefits/tag/At+or+Near monthly 0.5 https://unitedforvets.us/benefits/tag/VA monthly 0.5 https://unitedforvets.us/benefits/tag/Oil+Fields monthly 0.5 https://unitedforvets.us/benefits/tag/agent+orange monthly 0.5 https://unitedforvets.us/benefits/tag/Thailand monthly 0.5 https://unitedforvets.us/benefits/tag/Nexus+Opinions monthly 0.5 https://unitedforvets.us/benefits/tag/Syndrome monthly 0.5 https://unitedforvets.us/benefits/tag/Disability monthly 0.5 https://unitedforvets.us/benefits/tag/VA+Disability monthly 0.5 https://unitedforvets.us/benefits/tag/VA+Appeals monthly 0.5 https://unitedforvets.us/benefits/tag/Presumption monthly 0.5 https://unitedforvets.us/benefits/tag/Johnston+Island monthly 0.5 https://unitedforvets.us/benefits/tag/Gulf+War monthly 0.5 https://unitedforvets.us/benefits/tag/Open+Air monthly 0.5 https://unitedforvets.us/benefits/tag/Burn+Pits monthly 0.5 https://unitedforvets.us/benefits/tag/Veteran monthly 0.5 https://unitedforvets.us/benefits/tag/Laos monthly 0.5 https://unitedforvets.us/testimonials daily 0.75 2024-11-08 https://unitedforvets.us/testimonials/rz monthly 0.5 2024-11-08 https://unitedforvets.us/testimonials/ao monthly 0.5 2023-08-22 https://unitedforvets.us/testimonials/mc monthly 0.5 2023-06-21 https://unitedforvets.us/testimonials/rc monthly 0.5 2023-06-12 https://unitedforvets.us/testimonials/pc monthly 0.5 2023-06-12 https://unitedforvets.us/testimonials/bs monthly 0.5 2023-04-12 https://unitedforvets.us/testimonials/jg monthly 0.5 2023-02-07 https://unitedforvets.us/testimonials/km monthly 0.5 2023-01-22 https://unitedforvets.us/testimonials/pt monthly 0.5 2023-01-22 https://unitedforvets.us/testimonials/na monthly 0.5 2023-01-22 https://unitedforvets.us/testimonials/ga monthly 0.5 2023-01-22 https://unitedforvets.us/testimonials/tp monthly 0.5 2023-02-12 https://unitedforvets.us/testimonials/zs monthly 0.5 2023-01-22 https://unitedforvets.us/testimonials/w6mdzk580ztc6mlpershxieampwexo monthly 0.5 2023-01-22 https://unitedforvets.us/testimonials/ja monthly 0.5 2023-01-22 https://unitedforvets.us/testimonials/kt monthly 0.5 2023-01-22 https://unitedforvets.us/testimonials/sf monthly 0.5 2023-01-22 https://unitedforvets.us/testimonials/wh monthly 0.5 2023-01-22 https://unitedforvets.us/testimonials/je monthly 0.5 2023-01-22 https://unitedforvets.us/testimonials/ts monthly 0.5 2023-01-22 https://unitedforvets.us/serviceconnection daily 0.75 2023-01-27 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1664824519970-8OGURS0XZ3I1DTNB0GX2/unsplash-image-Py2V6tUYgqw.jpg https://unitedforvets.us/spectator daily 0.75 2026-03-27 https://unitedforvets.us/spectator/contractexams monthly 0.5 2026-03-27 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/38b614bc-cc0d-4dd5-af4c-a33b3b47a875/1000000064.jpg Veteran's Spectator - Contract Examiners Can’t Access Your C-File I get scolded some of all of the time by the VA. You can’t contact us! We are supposed to be nameless and faceless—how did you even get our e-mail?!? Wonder if they called up their union rep. on this one? Are there any safe spaces left in Doug Collins’ VA? Doubt it. (Rumor has it the Secretary is making OGC leave their ivory tower building and move in with the rest of the normal VA employees. I like that change.) Some within the walls of the VA say I am downright “inappropriate.” Sorry. I don’t know any better. Frankly, nor do I care. I am here to get benefits for Veterans, not protect bureaucrats. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/97ff441a-1568-45fb-8ddd-a1f9a4455893/Screenshot+2025-10-28+144337.jpg Veteran's Spectator - Contract Examiners Can’t Access Your C-File I have been chewing on this cigar for a while now. Since 2023 to be exact. I wanted to collect evidence. It is a Churchill—the big daddy to say the least. The hair on the back of my neck first began to stand up around that time. I was (and still am) representing this ole’ Navy boy. He messed up his knee pretty bad. Messed up, yeah, that’s the word we’ll use. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/b16d3a1b-45e1-4061-8a7a-221cb70f26cf/RDT_20260326_0816391639608742669326735.jpg Veteran's Spectator - Contract Examiners Can’t Access Your C-File - Things are Getting Fishy This was the first time I ever went “hmm” as it relates to what these contract examiners did or did not have access to. Here’s what happened. When we filed Eric’s claim, we submitted everything. VA already had his STRs showing the in-service prescriptions. They had all his VHA records showing he kept taking the candy for his knee. Then we gave a statement from him about why he took these drugs and how often to treat his knees. Easy enough? The problem is when the medical opinion came back “less likely” it made no mention of the Meloxicam. In fact, it said, there was no evidence Eric was ever taking Meloxicam in-service. Naturally, when I saw that, I pitched a _ _ _ _ _. Wouldn’t you know, the VA put it in writing. “As the POA states, this is factually incorrect… Our opinion request was insufficient because we did not identify the relevant records, such as STRS showing Meloxicam and Motrin prescriptions.” What you say? Are you saying the contract examiner didn’t have access to these records because the VA didn’t send them over? Even though the VA has them? Why don’t they have access to the whole file to begin with? So, I said to myself, “self, something doesn’t seem right.” https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/5152db32-665d-4f4b-a6e7-116888428f66/Picture1.png Veteran's Spectator - Contract Examiners Can’t Access Your C-File https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/63e420f3-5387-4e13-b5bd-ae456203612b/RDT_20260313_1541536484756347056439308.jpg Veteran's Spectator - Contract Examiners Can’t Access Your C-File Let’s take that a step further. Let’s see what the Medical Disability Examination Office (MDEO) has to say. This office is supposed to “oversee contracted medical exams for disability claims, ensuring quality standards are met by vendors.” My goodness gracious, wouldn’t you know they had something very interesting to say. “When requesting an examination, the regional office determines what available information is relevant to the exam and specifies that information in the exam request. Only the information specified by the RO is provided to the examiner for review as part of the examination. Due to privacy issues, the examiner is not granted access to the Veteran’s entire claims file.” Copy of e-mail from MDEO Could it be they are really putting this in writing? It sure does explain a lot. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1762658425211-2HDKIFBIE1RD65XEAM3U/RDT_20251108_2007197490760175032144911%7E2.jpg Veteran's Spectator - Contract Examiners Can’t Access Your C-File - The Cherry on Top As with any government failure, there is always a cherry on top; a final kick in the nuts. Warning: Those with hypertension should consult your physician before reading this portion of the article. Let’s first recap what we know. We know that the office who oversees contract exams, MDEO, has admitted, twice, in writing, that contract examiners only view the records the front-line claims processor “tabs,” or sends to them. That means, by definition, that the contract examiners are not getting the whole claims folder. Hell, we have exactly that written in two documents a year apart. This means we are relying on a non-medical professional to determine what is relevant to a claim and send it to the contractor for review. What if I were to tell you the contract examiners are taking that reduced set of documents and dwindling it down even further before it ever sees the examiner? Review the attached job posting for a “Medical Record Bookmarkers” for VES, a large contractor for VA exams. Bookmarker Job Posting Before I tell you what these folks actually do for VES, let’s see what is needed to be a bookmarker? You would probably need to at least have a RN, or something like that, right? Nope. A high school diploma or GED will do. Do what exactly? Well, here are a few bullet points from the job posting: https://unitedforvets.us/spectator/fungusamongus-kbprk monthly 0.5 2026-03-17 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/13907335-d09e-41a8-adfa-c20053ba161e/JudgeGreenberg.jpg Veteran's Spectator - Remembering Judge Greenberg Yesterday, we lost a true national treasure: Judge William S. Greenberg. Since being sworn in as a judge on the Veteran’s Court in December 2012, he was a tireless advocate who held the VA accountable at every turn. While I never had the honor of meeting him in person, I’ve listened to many cases where he presided; he never gave the VA an inch of slack and consistently put the Veteran first. I know every Veteran Judge Greenberg has ever written a decision for is thankful for him. https://unitedforvets.us/spectator/fungusamongus monthly 0.5 2026-03-17 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/77cc6ffe-25a8-47d5-8eb6-0426238ecf43/download.jpg Veteran's Spectator - The Fungus Among Us: Why VA is Using AI to Detect Fraud Remember those pain “clinics”? There wasn’t much treatment going on there, just a wink and a nod after you saw some doctor’s name on the side of a public transit bus. Pill mills they called ‘em. Well, those dried up and moved on to selling Ozempic (all rights reserved, of course). Another type of mill has popped up in recent years—instead of a pill mill, its a C&P mill. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/0014fada-ef24-4b5e-9ea4-740f46cd6242/RDT_20260307_1230106189919363585342216.jpg Veteran's Spectator - The Fungus Among Us: Why VA is Using AI to Detect Fraud - The Fungus Among Us With the VA becoming overwhelmed day-by-day, many Veterans were looking for alternatives. Some had been to umpteen C&P exams, most with a nurse practitioner fresh out of school, who took a 15-minute PowerPoint class on burn pits, but in all those umpteen exams, no one was listening. Most last 5-7 minutes, and the examiner is using 4.5 of those minutes to ask you why they can’t access majority of the records you know are in your file. Who can blame Veterans for wanting an alternative? Seeking to fill a legitimate void, up popped these “consulting companies” I have previously wrote about. Not only are they engaging in the unauthorized practice of law by preparing claims forms and giving out advice, they have in-house doctors to do the exams the VA has been unwilling or unable to do for you. Again, I can’t blame Veterans for wanting an alternative. So, these companies use a “stem to stern” philosophy. Since their doctors are in-house, it doesn’t cost them extra to fill out a DBQ for everything you have, head to toe, tell you to go file it with the VA. Whatever sticks, they send you a bill (unlawfully, I might add). So, what’s the problem? Well, for these companies, it is a numbers game. The more DBQs they fill out, the higher the chance the VA accepts 1 of them and they get to send you a bill in return. Their fees are often “six times your monthly increase,” meaning they have an incentive to get you the highest rating possible. This has, unfortunately, caused many of these C&P mills to over exaggerate symptoms, use the same boiler-plate language over and over. In other words, you could be the middle man for a fraud scheme unknown to you. This is the first time you have seen someone actually listen to you, the language in the exam looks legit, it reflects what you have going on. You have no reason to doubt it. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/56630dec-5a39-458a-8c92-ec89d68663b3/RDT_20260307_2016142088235738569916299.jpg Veteran's Spectator - The Fungus Among Us: Why VA is Using AI to Detect Fraud - AI to the Rescue I saw this coming when AI first started rolling out. AI may not be good for some things, but it is really damn good at detecting patterns. Frequently reused phrases, how often the same doctor has submitted a DBQ to the VA, how similar those DBQs are, etc. Sort of reminds me of a Medicare scheme one time. This doctor was just billing Medicare for patients he wasn’t actually seeing. Eventually, he started billing so many hours someone did the math. He would have had to have been seeing upwards of 87 patients a day. Greed is the only thing that caught him. I envision the same thing here. The VA is going to use AI to see “did this doctor complete 87 DBQs in one day” type thing. Or, has this doctor used the exact same language over and over, and it isn’t specific to this Veteran, and therefore unreliable? https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/bfd17dec-bd19-4db4-add2-a7993f28bc92/512665437_624749977303819_5652767739323686121_n.jpg Veteran's Spectator - The Fungus Among Us: Why VA is Using AI to Detect Fraud - I’m From the Government and I’m Here to Help I have had a few Veterans call me up a little panicked. Not because they are fraudsters, but because the VA is notoriously bad at a press release. Many thought the VA was going to come through every private DBQ, even if it was done by your doctor who has been treating you for 18 years. Thankfully, that doesn’t appear to be the case. According to the VA, the AI deployment will only be forward looking, and the VA will not use “the tool to revisit previously finalized and processed DBQs. Additionally, this initiative will not change how VA evaluates or decides claims. No Veteran’s claim or benefit will be reduced or denied because of this effort.” Yesterday, VA clarified in the following e-mail: https://unitedforvets.us/spectator/docketorder monthly 0.5 2026-03-06 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/49d48b67-35ab-428f-8dc0-4347a865980e/processed_RDT_20260218_1815214508309229085278903.jpg Veteran's Spectator - Board Decides Appeals Out of Order; I Brought Receipts This is how I image it went down. Picture it like this. Doug Collins is in his big new office on Vermont Avenue. Way up in the Ivory Tower. He’s cleaning out Denis’s old desk. A few paperclips left behind, an old sticky note. Maybe even an old family photo—a note about some final project McDonough was working on before his tenure ended when ole’ Joe’s did. Doug takes a look around and shakes his head in disapproval. This place hasn’t been serving Veterans. “PowerPoints and committees,” he says as he wads up that sticky note, tossing it into the trash, “that’s all they’ve been doing here,” he gripes. “We’re about to change that.” He picks up the phone and says “get me someone at the Board. Anyone, now!” https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/366bcefb-a9da-4702-a9a7-56a6b17757f8/iran-15-ht-gmh-260304_1772647675644_hpMain.jpg Veteran's Spectator - Board Decides Appeals Out of Order; I Brought Receipts - Irregular Order This isn’t the first time this has came up. Back in 2022, a Veteran by the name of Justin Gray got wise. Maybe he was hearing from his buddies that they got their decision and only filed a year ago. What the hell? I have been waiting since 2020. So, Mr. Gray gets with a well known VA firm and files suit. After much back and forth, the Board finally threw its hands up and said “our bad.” We actually have been disregarding the law through our One Touch program. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/4edc4686-c654-4bfb-bdf2-e7fe70079f28/processed_RDT_20260301_2029056286944583702557213.jpg Veteran's Spectator - Board Decides Appeals Out of Order; I Brought Receipts - Back on the Phone Back to Secretary Collins’ first day. He picks up the phone and calls the Board. What have you guys been doing? You need to reduce this backlog! Decide some cases! “Well sir, we have this thing called docket order. We already got caught red handed once.” “Just get it done!” Now days, the Board has three types of appeals. They have direct docket appeals “Judge, just consider what the VA already has and make a decision. Nothing new to give you.” Then they have evidence docket appeals, “Judge here is a statement from me, my 1st SGT, and a beautiful nexus letter from my orthopedist. Make a decision, please.” Finally, the hearing docket, “Judge, I wanted to see you, face-to-face, to give you the skinny, and I will submit some updated medical records after today’s hearing.” https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/184e88bf-bcc1-43cd-8a71-36db6a204b85/RDT_20260123_083956386331928537526539.jpg Veteran's Spectator - Board Decides Appeals Out of Order; I Brought Receipts - Another Class Action I finally got the VA to respond to my FOIA. They produced over 1,300 pages of cold-hard-proof. Cold-hard-proof they are moving in whatever docket order they please. Don’t believe me? Check it out for yourself. Copy of FOIA Response Scroll down to the bottom. The Board’s docket number is pretty easy. yymmdd-unique number. So, 240516-unique number means that appeal was filed on May 16, 2024, and the last part of the docket number identifies the individual appeal/Veteran. So, you have to ask yourself, how could docket number 240516-442829, a direct review docket, have been decided in March 2025, when your appeal has been pending before that? https://unitedforvets.us/spectator/ingram monthly 0.5 2026-02-19 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/db73c53c-3577-46fa-8ca7-e926dfaf897f/processed_RDT_20260126_1055108752555437382632456.jpg Veteran's Spectator - United Veteran’s Disability Files Lawsuit Challenging Ingram Rule Update- 02/19/2026, 2:10 P.M. Eastern Time: Secretary Collins, via his official X account stated “Effective immediately, VA is halting enforcement of the interim final rule, Evaluative Rating: Impact of Medication.” This change of heart comes less than 24-hours after we filed suit against the VA. The foundation of our Constitution is built on the opportunity to be heard, the opportunity to engage and to debate. In 2017, then Representative Doug Collins said “Bureaucratic regulations often blindside American citizens because agencies refuse to make their guidance public. . . . When bureaucracy operates in the shadows, it handicaps people trying to do their jobs.” Statement on Trump Executive Orders Bringing Guidance Out of the Regulatory Dark, U.S. House Comm. on the Judiciary (Feb. 14, 2017). Sadly, it is apparent that now Secretary Collins has different views on blindsiding Veterans in the dead of night. On February 17, 2026, without advance notice or opportunity to respond, VA exercised an exception that is normally used for emergencies to issue an interim final rule concerning how the VA rates disabilities. https://unitedforvets.us/spectator/lindsey monthly 0.5 2026-02-06 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/c5989178-be1f-4de8-a5c6-cf6be0188ad9/Lindsey-1.jpg Veteran's Spectator - Lindsey’s Last Laugh; 2026 Good Start for Veterans Pictured here is Lindsey. What a stand-up guy I have been able to help. As you can tell, he is a proud sailor (taken some time between 1967 and 1970). The type of guy you wouldn’t mind bunking with while underway. To say he has seen some stuff is an understatement. Vietnam Service Medal with One Bronze Star. Republic of Vietnam Campaign Medal with Device. Poor SOB. He had to see some things to get those pinned on. Lindsey came to me already at 100%. The PTSD was getting worse. The memory was fading. Fresh in hand was a caregiver denial. But, not anymore. Lindsey got the last laugh out of the VA. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/ce070a0f-7f03-459c-843c-923371c0ccc5/Lindsey-2.jpg Veteran's Spectator - Lindsey’s Last Laugh; 2026 Good Start for Veterans - Keeping Folks Home Congress got together some years back. While I am sure at some point they talked about keeping each other rich, they also talked about trying to save a little dough for the VA. You see, the VA and government finally figured it out—it is easier to pay Lindsey’s wife a few bucks a month than it is to put this joker in a nursing home at the government’s expense. What came out was the VA Program of Comprehensive Assistance for Family Caregivers (“PCAFC”). It is pretty simple. If you are getting help from someone to keep you home, VA will pay that person, provide them training, and even give respite care hours, which can be a Godsend for your wife when she needs to get your butt in the shower and those grab bars are coming out the drywall. Now Lindsey was a smart cookie. He had recently hired an attorney who helped get him to 100%. Sadly, though, 95% of folks like me who do this for a living are clueless about that mysterious Special Monthly Compensation or PCAFC. So, once you get to 100%, they drop you like they did Phil—like a hot potato. Come on guy, we got you to 100%, there’s no more meat on the bone, for you or I. You can’t get any more cash out the VA. Thankfully, myself and my good buddy Alex Graham make a living showing how that just ain’t all she wrote. So, about two years ago, Lindsey starts doing some research, looking for someone to help him with that PCAFC denial. No one would take him. He’d called about 10 attorneys. “You’re already at 100%, no money to be made guy.” https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/007b1e76-8be8-4592-97a1-6b429e5afcd4/RDT_20260131_1824544522103826778626167.jpg Veteran's Spectator - Lindsey’s Last Laugh; 2026 Good Start for Veterans - Good Start for Veterans ‘Ole Doug Collins is still busy. He has still been talking about that backlog. Uh. I mean what backlog? Its gone, baby! This week, he did a townhall for VA employees. A little birdie was nice enough to share the link with me. Still talking about the backlog reduction, but nothing about the quality. Forget about that, though. The Courts are helping Veterans, and we have two big-daddy decisions this week. Two in one week? Not bad at all. https://unitedforvets.us/spectator/hotpotato monthly 0.5 2026-01-30 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1763397582987-FIOF3DSEIEB8MSEEIOXC/RDT_20251116_2050398291666130216936346%7E2.jpg Veteran's Spectator - Hot Potato, Coming Through, Hot Potato! Long time no speak—sorry—I have been tossing a hot potato back and forth for Phil, a good ‘ole Vietnam Veteran. Phil is eat up with the Parkinson’s Disease. He shakes like a leaf from head to toe. Hell. During the hearing, he tried to hold up his hand, shaking back and forth, and the judge just interrupted, “I understand, sir.” Phil was already getting aid and attendance when he came to me, but was missing that sweet SMC (r)(1). You’d think as bad off as he was, it was a done deal. Well. I think you know that the story isn’t so nice and easy. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/5e9bc6f0-ecaa-49fb-82e5-f3d982f69ad3/583302536_122251653668168420_2334289606871625409_n.jpg Veteran's Spectator - Hot Potato, Coming Through, Hot Potato! - Monkey Business I heard this story a few years back—it perfectly sums up what happened to not only Phil, but across the VA every day. So, before we get into the weeds of Phil, here goes a story. A group of scientists places 5 monkeys in a cage and in the middle, a ladder with bananas on top. Every time a monkey went up the ladder, the scientists would soak the rest of the monkeys with cold water. After a while, every time a monkey went up the ladder, the other monkeys would beat up the one trying to go up the ladder—not wanting to get hit with the cold water. After some time, no monkey would dare go up the ladder, regardless of the temptation. Scientists then decided to substitute one of the monkeys. Not knowing the consequences, the monkey immediately tried going up the ladder, eying a bright yellow banana. Of course, the other monkeys stopped him dead in his tracks. After several attempts, the new monkey learned that you just don’t climb the ladder, even though he had never seen the cold water. A second monkey was replaced and the same thing occurred. Even the first substituted monkey joined in on beating up the new monkey—despite never being sprayed with the cold water. A third monkey was substituted. Then a fourth. The same results. Finally, scientist replaced the final original monkey. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/300f4221-c33b-4d6e-b310-7466df97a2b7/RDT_20260108_1219162876224250618401224.jpg Veteran's Spectator - Hot Potato, Coming Through, Hot Potato! - Help Wanted Phil is no spring chicken. At the time of our Board hearing, he was 83, and the Parkinson’s had gotten abysmal. Damn that Agent Orange can do a number on a body. He went to the VA in November of 2023 after hearing about the all illusive aid and attendance, hoping to get a little bit. The home healthcare bills were piling up, and with total loss of use of his arms and legs, his wife couldn’t lift him on her own anymore. Let alone walk him down the stairs to load him up in the car for a doctor’s appointment. Sure enough, the VA put him through the ringer with a round of exams. After that, wouldn’t you know it, here is your SMC (l). See ya bye! Don’t come back for more. It is a classic VA tactic for SMC. Award the lowest rate possible—hope the Veteran goes away. Maybe even do a proposal to reduce. That’ll show him. Don’t ask for more. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1660162261803-NSV2EYLO81CALCETT2GP/Agent-Orange-The-Fallout-1-1280x720.jpg Veteran's Spectator - Hot Potato, Coming Through, Hot Potato! - Custer's Last Stand We got a hearing date shortly after. We went through the whole rigmarole with the judge. Yes, I know Phil is already getting aid and attendance, judge, but here’s how and why he’s entitled to the SMC (r)(1) rate. Redacted Hearing Transcript Here, you will notice not when time did the judge question whether or not what we were asking for was permissible under the statute. Instead, we got a head nod the whole hearing. Yes Mr. McCauley, I understand what you are asking for and why. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1633024821065-6J4Y1KSYLG6Z344AJYGR/agent-orange.jpg Veteran's Spectator - Hot Potato, Coming Through, Hot Potato! - The Cavalry Arrives, Maybe Hot damn. It is about time. Phil has been e-mailing me that pretty soon they will have to get rid of the house, or put him in a nursing home. Money is running out and his wife just can’t care for him anymore. It took us 6 months at the Court to get the case sent back to the Board. Time was ticking, and not to Phil’s advantage. Thankfully for Phil, the Board didn’t want a second duel. They folded their hand and gave Phil SMC (r)(1). Man! Relief is in sight, right? Success. Redacted Board Grant Now, as some of you may know, a Board judge doesn’t press the “send payment button.” https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/3099cf8c-8d11-4704-bc5f-292790a4a840/Image%3A+courtesy+Chermayeff+%26+Geismar+%26+Haviv Veteran's Spectator - Hot Potato, Coming Through, Hot Potato! - Sunshine and Rainbows Phil couldn’t be happier, all sunshine and rainbows for him. But, what about you? What happens when the hot potato gets passed along, but this time it has your name on it? The statute is clear. Hell, our system of government is clear. You may disagree with superior courts or tribunals, but you may not disregard their orders. Instead of honoring that, the VA has created a backdoor to try and screw Veterans. Maybe something you might want to consider letting your Congressman know about. Alright. Now for something cool. 104-Year-Old WWII Veteran Dominick Critelli Performs National Anthem Man, for 104, this guy has pretty good lungs. https://unitedforvets.us/spectator/2025-2026 monthly 0.5 2026-01-03 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/52f7f495-941a-4260-a196-d4480ab22b89/RDT_20260101_1903283639814395921420967.jpg Veteran's Spectator - 2025: Every Which Way but Loose; Happy Birthday America Secretary Collins spent his 2025 on a victory lap. Meanwhile, Veterans ‘Guardian’ was the recipient of a class action certification for New Year’s! We can thank the United States District Court for the Middle District of North Carolina for that. 2025 was an interesting time by VA standards. Heck, while Secretary Collins was touting how low the backlog was, the Veteran’s Court literally had a Y2K moment when it received so many appeals—the filing system just went kaput. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/0ff14d89-cf96-4bf8-a668-d396d16f4904/258036e7-03b7-4bf1-9a2e-944b5193b54a-1_all_18474.webp Veteran's Spectator - 2025: Every Which Way but Loose; Happy Birthday America - Y2K at the Court For the first time in history, the Veteran’s Court received not only a record number of appeals, but over 10,000 appeals. Prior to this, the Court had never broke five digits. Pictured: Dan Bullock, who forged his birth certificate to enlist and serve in the Vietnam war. Bullock was KIA in June of 1969 at the age of 15. His grave was not given a proper marker until 2000. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/c298e95d-cdd3-4ae5-9185-026bfeb9f445/processed_RDT_20260102_1536162534019276243053749.jpg Veteran's Spectator - 2025: Every Which Way but Loose; Happy Birthday America - C&P in a Box With all the celebration of the backlog reduction, little attention is being given to things that matter, and here is a perfect illustration. Since VA went hell’s bells—contracting out as many exams as possible—the quality is…just terrible. Sure, exams have always been bad, but at least back in the day during your IBS exam, you were being bent over by an actual VA doctor. Now, the VA has kindly outsourced the bending over to a trailer in a shopping mall parking lot, ran by a NP who likely speaks little English and has never stepped foot near a hazardous pay duty station. Disconnect doesn’t do the description justice. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/d589a862-8aef-413e-aefd-3c7d97022645/RDT_20260101_1904006077367425298943925.jpg Veteran's Spectator - 2025: Every Which Way but Loose; Happy Birthday America - Too Cool for School That’s enough bad talking the VA for one day. I’ve got all year to do that. My New Year’s Resolution is to find some things to smile about, and boy do I have 250 reasons to do just that. Someone has a birthday this year—a damn big one—the big 250. That’s right, the good ‘ole U.S. of A, baby. July 4, 2026, we turn 250 years old. That is just too cool for school. What is interesting to me is that none of this would be possible without Veterans, and I get to play a small role in, shall we say, gently nudging the government in the right to direction; helping fulfill its promise with the American Veteran. I am pretty proud of that, and in no other place on Earth would I have the opportunity to do something near as awesome as that. So, hats off to the USA baby, we’re turning 250. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/0cb7c2ac-6abd-4b6a-9921-7e759a9560d2/Study.png Veteran's Spectator - 2025: Every Which Way but Loose; Happy Birthday America - Court Guards Veterans from Veterans ‘Guardian’ Some more good news. This is something I am delighted to report on. You see, given the quality of those C&P exams, it is difficult to blame Veterans for seeking help in all forms possible. Some of you physically can’t work, bills are adding up, the bank is calling. So, you turn to a company for help, say, Veteran’s Guardian. The only problem? They aren’t authorized to help you in the first place. Copy of Class Action Certification. For some background on why that is, I’d encourage you to check out my prior posts, here and here on the matter. But, in short, what these companies do is prohibited by law, since there is no oversight to their fees charged. Thankfully, I can say that out in open air now without the threat of a defamation lawsuit, since an actual federal court has said so. Pretty good way to kick off the year. So, if you are a Veteran who used this company, you just may be getting a refund! https://unitedforvets.us/spectator/foiasunshine monthly 0.5 2025-12-19 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/b5edf96f-b3de-4dbb-bf47-f17898b4f145/01.jpg Veteran's Spectator - VA’s Sunshine Allergy Worsens; What Breast Cancer Memo? I really thought this close to Christmas, everyone at the VA would be happy to get a little warm sunlight. Especially for all the folks at central office over on Vermont Avenue. I always try to send a little sunshine the VA’s way by keeping a FOIA request pending. This week, I got a response to my request for the infamous breast cancer memo. Wouldn’t you know, they said no way, no how, was I getting a copy of that thing. Get out! Good thing I already have a bootlegged copy on my website. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1762658421022-GAM3IYN8773YWGV16IZB/RDT_20251108_1950214913628358901195753%7E2.jpg Veteran's Spectator - VA’s Sunshine Allergy Worsens; What Breast Cancer Memo? - A Copy for me, Please! As much mail as I get from the VA, I thought they’d be happy to send me a copy of Secretary Collins’ signed memo. What’s two more pages? So, back in November when I learned of this whole thing, I promptly requested “any memorandum discussing the removal of male breast cancer as a presumptive condition. I also want a copy of the memorandum dated June 15, 2025, signed by Secretary Collins.” Wouldn’t you know it, the VA told me not only no, but hell no! Copy of FOIA Denial. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/f5ea61b8-d9b2-4523-b963-bc474cacf2f1/RDT_20251109_2040043972056573134954768.jpg Veteran's Spectator - VA’s Sunshine Allergy Worsens; What Breast Cancer Memo? - No, Seriously, I Want a Copy! I doubt you find it surprising that I just couldn’t take no for an answer. Like I say, better to keep their hands busy than to let them sit with idle hands. So, I quickly sent an appeal letter. Copy of FOIA Appeal. Now, this is the really great part about FOIA. Exemption (b)(5) of the FOIA does not permit an agency to avoid disclosure of records that may paint the agency in a bad light, records that reveal problems, or records that may contain embarrassing information as such records are designed to be disclosed under the FOIA. I would sure hope whoever came up with this memo is embarrassed. You know whoever first thought of it got a high five, probably a promotion, too. So, here we are, standing by for a decision on the FOIA appeal. Oh, another cool thing about FOIA. If something is out there in outer space, a/k/a the “public domain,” they have to cough up a copy. So, of course, I let them know I already had a copy, albeit a bootlegged one! https://unitedforvets.us/spectator/penpal monthly 0.5 2025-12-12 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1762658319311-3IKXBTKCGBEJEGAC7RWV/RDT_20251108_1608415923156330941376919.jpg Veteran's Spectator - My Christmas Pen Pal They say idle hands lead to evil thoughts, or at least that’s what I was told. Living in the south my whole life, we have another phrase for it, “the devil is busy.” I try to keep the VA busy, I would hate to see what they could do with idle hands. This month, though, it seems like I have a new pen pal. I always keep a Freedom of Information Act request in the fire, and the VA responded to one of mine, just in time for Christmas! Talk about a Christmas miracle. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1762658325520-THT4WD2ZWAD82371021G/RDT_20251108_1542256031613661912793932.jpg Veteran's Spectator - My Christmas Pen Pal - A Trap for the Unwary Needless to say, the VA system often forgets that Congress intended for it to be non-adversarial, Veteran friendly. In fact, the “VA disability compensation system is not meant to be a trap for the unwary, or a stratagem to deny compensation to a [V]eteran who has a valid claim, but who may be unaware of the various forms of compensation available to him.” See Comer v. Peake, 552 F.3d 1362, 1369 (Fed. Cir. 2009). Huh? You wouldn’t know that is still controlling law from the way the VA operates. Here is a good story for you about just how friendly the VA is to Veterans. We all know how much the VA loves a form. They love checkboxes. I mean they love them. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1762658460161-AGPQJUCU8U7BKO7G22IZ/RDT_20251108_1949343011529963229584387%7E2.jpg Veteran's Spectator - My Christmas Pen Pal - What even is “seriously ill?” I have written before about the Board’s war on our most disabled Veterans—refusing to expedite (advance) cases, even when a doctor says that this Veteran is “seriously ill",” the term Congress used to qualify for having your case advanced (expedited) by the Board. This year, I even had the Board deny advancement of a Veteran with not one, but two 100% ratings, plus many others. That’s right, you could have taken away one of her 100% ratings, and she still would have qualified for SMC (s). Phew. Poor soul. But, according to the Board, she is as healthy as a horse. So, one of my buddies did his own FOIA, asking the Board “what exact criteria do you guys use to determine when someone is or is not “seriously ill.” https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1762658420546-10ONKNVY4FGD72EWG1MQ/RDT_20251108_1111094324814380474313200%7E2.jpg Veteran's Spectator - My Christmas Pen Pal - Our Forms are Good To top off all this letter writing this Christmas season, the VA published a notice in the Federal Register, requesting comments concerning VA Form 21-2680. According to the VA, no changes are needed. The problem? You can tell whoever reviews these forms has never used them a day in their life. Here is an easy one for you. VA Form 21-2680 is filled out by a medical professional. A doctor, NP, PA, etc. In other words, its a medical document. So, why in the world would VA add a spot for Johnny Veteran to sign, certifying its accuracy. Surely it isn’t so VA can later say “VA received completed form 21-2680 which was signed by the Veteran. However, the Veteran is not a medical professional and lacks training to certify its medical determinations.” Surly it isn’t a trap. https://unitedforvets.us/spectator/thanksgiving2025 monthly 0.5 2025-11-26 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1764011731072-2JT5H3KYEUR0X40OM6KP/IMG_4758.jpg Veteran's Spectator - What “Do a Little More” Really Means Between all the fussing and fighting I do with the VA, I do plan to slow down a little this week. Spend some time with family, reflect, and gives thanks. This year has been enormously great to me. I have been able to help more Veterans than I ever thought possible. That brings me a great joy. We are also on the cusp of the semi-quincentennial. That’s America’s 250th birthday for you folks in the peanut gallery. Don’t worry, I have to say it slow myself. That’s pretty awesome if you think about it. Pictured here is John, a Korean War Combat Veteran. At 90+ years old, he is looking pretty darn good if you ask me. This Thanksgiving, though, John may be eating charbroiled ribeye instead of turkey. Why? After two trips to the Court, the Board finally got wise and gave his 2007 appeal to another Judge. The result? 3 cherries for sure. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1764011718640-2HLOAP7YHLSJI2S30M5J/Picture1.jpg Veteran's Spectator - What “Do a Little More” Really Means - A Tough ‘Ole Bird John is a tough ‘ole bird. He’s a true Marine. While serving in the Korean theater, he took incoming fire—and this is straight from his STR jacket right here—“a shell exploded and he sustained an injury to the right knee and back. He was taken to a field hospital where he was treated and given first aid…He then returned to active-duty for one year.” What a good looking young man. He certainly did not fib on his enlistment papers to go off to war a wee bit shy of age 18. And to this day, the VA definitely does not think he is two years older than he really is. Shut the door. I am just kidding, of course. And check this out—wouldn’t you know, on his original DD-214, they forgot his Purple Heart and CAR. Don’t worry though, he is rocking them loud and proud these days. No stolen valor here, and they appear in order too. Some senators can’t even get their ribbon rack right. Naturally, John had a bad knee the rest of his life. Korean shrapnel bits will do that to you. But, like m̶o̶s̶t̶ all men of his generation, he wasn’t greedy, didn’t complain, and was grateful for what little bit he had been given by his government. When he got his discharge papers, he was thrilled with his 30% rating from the VA, effective June 1, 1953. You don’t see those dates often. Fast forward to 2001, and John’s knees were getting worse and worse. Between the shrapnel injury and the frostbite from Korea, his lower legs were shot. Like a turkey—stick a fork in me! So, he goes back to the VA, looking for a pinch more. By this time, he couldn’t work anymore, so he was looking for anything the VA had to offer. Wouldn’t you know, the VA gave him TDIU and sent him on his way. Nothing further for you, friend. And so John, like the men of his generation do, again said thank you to his government. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1764011717277-WKGU5CRJJCLPRTYZDQP9/Picture4.jpg Veteran's Spectator - What “Do a Little More” Really Means - Horse Tradin’ John is getting along as best he can once he got his TDIU/100% from the VA. Things were going as best they could. Though, in the spring of 2007, his knees had gotten just totally shot. It was to the point where he couldn’t drive worth a lick. So, he asks the VA for that sweet automobile and adaptive equipment grant to help outfit a ride that he could get in and out of. Naturally, the VA wanted to check his knees out first. So, they set him up for an exam and issued a decision “confirming” his knee rating and denying the automobile grant. So, John got his VSO to fire off a Notice of Disagreement. This is where the horse tradin’ begins. Back in the day, when you disagreed with a decision, a Decision Review Officer would first take a look see and if he could fix it, if not, then they’d issue a Statement of the Case to get your case to the Board. So, in the most VA fashion, this DRO calls up John and starts bartering with him. According to this guy, since John was already getting TDIU, them increasing his knee rating wouldn’t do anything. So, he asks John, how about I just grant the automobile, and you agree to drop the knee issues? “Informed Veteran of decision to grant entitlement to adaptive equipment. He understood he did not qualify for the auto grant. He also understood that he was 100% and would not receive more compensation unless he develops loss of use…Asked [Veteran] to fax me a satisfaction statement.” https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1764011718363-HPQSS0WXITLQKBI9VNWQ/Picture2.jpg Veteran's Spectator - What “Do a Little More” Really Means - Doing a Little More They say that the third time’s the charm, but for John, it was going to take a few more tries. John went back to the VA a fourth time in December of 2022. This time, John got wise to the SMC thing, and filed a claim for aid and attendance. With age comes wisdom. The VA promptly shut the door on that idea 3 months later, with a decision denying aid and attendance, but also found “You require aid and attendance. The VA Form 21-2680 demonstrates that you have a need for aid and attendance.” Clear as mud. After that, John hired me to help get things moving for him. We had a hearing with a Judge, did the whole 9-yards. Sure enough, we got a grant of SMC. The problem? The VA was only trying to backdate it to 2022. So, we had to do a little more. I kept studying over that 2007 business. Something wasn’t sitting right with me. According to the VA, back then “[c]alled [Veteran] and he states that entitlement to auto adaptive [equipment] satisfies his appeal and to drop all issues on appeal. He no longer wants to pursue them.” But what a minute? That isn’t a legitimate withdraw of an appeal. If you are going to withdraw an appeal at the VA, it has to be clear as day, in writing, and clearly list out the issues you are withdrawing. Lesson learned. Don’t horse trade with the VA. So, I started sending some emails to the VA. I explained that legally, that supposed withdraw wasn’t worth the paper it was written on, mainly because it wasn’t on paper, it was just a memo of a phone call! https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1764106901653-GJMZPRJ4RRMDOLNC4YWS/Picture3.jpg Veteran's Spectator - What “Do a Little More” Really Means - John Gets a New Judge So, we get ready for a third decision from the Board. By now, I guess the Board was tired of getting embarrassed—probably not, but who cares. They took John’s case away from the Judge and Board attorney who cut the paper on the first two decisions, and assigned the case over to a Judge I respect very much, Veterans’ Law Judge Jonathan Hager. So, in September of this year, Judge Hager cut a decision giving John SMC, all the way back to May 23, 2007. Copy of Judge Hager’s decision. Notice how some Board Judges just sign their name J. Doe, instead of John Doe. Judge Hager, and all the really respectable Judges at the Board sign their full name to BVA decisions. I wonder if Congress should require all Board decisions to have the full name of the Veterans’ Law Judge? Some people take pride in their work and aren’t ashamed to sign their name to something. Anyways. So, there you have it, John is due some serious dough. When a Judge grants backpay like this, it still has to go the regional office to get “implemented.” They usually sit and chew on it for a few weeks, making sure they really do have to pay it out. It took them about 2 months to finally pay John. They released it, just this week—just in time for Thanksgiving. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1764106901653-GJMZPRJ4RRMDOLNC4YWS/Picture3.jpg Veteran's Spectator - What “Do a Little More” Really Means https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1764106898974-JO6MJXYVX35TL8NE3HV1/Picture5.jpg Veteran's Spectator - What “Do a Little More” Really Means https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1764106897343-OBOXL2VGKXVX88Q2D89P/IMG_4756.jpg Veteran's Spectator - What “Do a Little More” Really Means https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1764106897556-ZJMS98NM45BMYJA0QCMJ/IMG_4757.jpg Veteran's Spectator - What “Do a Little More” Really Means https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1764106904017-5TEU2ABKCWNP6LCKAC0P/IMG_4758.jpg Veteran's Spectator - What “Do a Little More” Really Means https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1764106900225-T45XORT9858RPX5NHNTT/Picture4.jpg Veteran's Spectator - What “Do a Little More” Really Means https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1764106903091-F2EA7N38KRWZQZKPVRHB/Picture2.jpg Veteran's Spectator - What “Do a Little More” Really Means https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1764106904349-HHO4E0P7I8W20BRDRGA0/Picture1.jpg Veteran's Spectator - What “Do a Little More” Really Means https://unitedforvets.us/spectator/5103notice monthly 0.5 2025-11-24 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1762658436016-AFG34OITET8VBNNIAL3Y/RDT_20251108_1111431235916495287791208%7E2.jpg Veteran's Spectator - The 5103 Notice: What It Is and Why You Don’t Need to Panic Let me guess, you got a letter in the mail, “Important—Reply Needed Within 30 Days.” The problem? There is a 100% chance it doesn’t say exactly what the VA needs, and leaves you more confused than anything. Welcome to the VA’s version of “clear and concise!” I can’t tell you how many e-mails I have gotten over the years, “the VA sent a letter saying they need something, but it doesn’t even say what they need.” Many Veterans open this letter and immediately worry. Does this mean my claim is denied? Did they lose my evidence? Do I need to start over? https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/3402ddd0-bace-48d9-a04e-8c72b2cf97f3/The+5103+Notice_+What+It+Is+and+Why+You+Don%E2%80%99t+Need+to+Panic+-+visual+selection+%282%29.png Veteran's Spectator - The 5103 Notice: What It Is and Why You Don’t Need to Panic - Make it stand out Whatever it is, the way you tell your story online can make all the difference. https://unitedforvets.us/spectator/slabbekorn monthly 0.5 2025-11-21 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1762658446799-FWH079BIL023H2ULJ069/RDT_20251108_1111291947763245175530708%7E2.jpg Veteran's Spectator - Promise of the PACT Act Fades; Raked Over the Coals Yesterday, at the direction of Secretary Collins, the VA published a notice regarding the VA’s decision to deny presumptive service-connection for a multitude of nasty blood disorders. Another promise of the PACT Act broken. Meanwhile, Veterans’ Law Judge Ray B. Slabbekorn is busy raking me—and you—over the coals. Finally, some joker out in San Diego has been selling VA ratings. Boy, I always knew the week before Thanksgiving was busy, but phew! https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1762658453700-YXHM5TCKQQEVQ7EFJLWC/RDT_20251108_1110431495268749858048546%7E2.jpg Veteran's Spectator - Promise of the PACT Act Fades; Raked Over the Coals - Raked Over the Coals In other news, this one is a first for me. The Board has a rule that once an appeal is filed, an agent or attorney, like myself, can’t just leave you, the Veteran, high and dry, and say “I am done representing you.” We have to demonstrate good cause to the Board as to why we will no longer be representing you. The rule is very well intended. It prevents you from being left in the dark, unrepresented. However, VLJ Ray B. Slabbekorn, Jr., has a different reading of the regulation. He believes a change in representation can’t occur period, without some sort of good cause. This misunderstands the purpose of the rule. The rule is not designed for you to be unable to hire someone better equipped to handle your appeal, which is what happened to my client. I was hired after a case was sent back from the Veteran’s Court, because the Board made a bad decision. Shocker. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1762658414203-DKZ4KFTLFNXY2MG7TRAU/RDT_20251108_154152613631182555660484.jpg Veteran's Spectator - Promise of the PACT Act Fades; Raked Over the Coals - Raiding the Place Really though, it is interesting Judge Slabbekorn is a VLJ to begin with. According to the Board’s annual report to Congress from 2024, “the current Board of Veterans Law Judges (VLJ) is the most experienced in the history of the Board, including 57% women and 24% Veterans.” Judge Slabbekorn, to his credit, is one of the only twenty-four percent of judges who are Veterans. Let that sink in for a minute. The judges deciding your claims for disability benefits—as a result of military service—only twenty-four percent of them are Veterans themselves. No wonder the Board has a disconnect. Judge Slabbekorn is a Veteran alright. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1762658420546-10ONKNVY4FGD72EWG1MQ/RDT_20251108_1111094324814380474313200%7E2.jpg Veteran's Spectator - Promise of the PACT Act Fades; Raked Over the Coals - San Diego Fire-Sale To top everything off this week, a grand jury returned a 33-count indictment against Daniel Rikkels of Chula Vista, a former VA rater (decision maker). According to the 33-count indictment, since 2020, Rikkels knowingly and intentionally instructed veterans to provide false, exaggerated, and misleading claims of service-related injuries to support their disability claims. Rikkels also instructed [V]eterans to alter documents submitted during the claims process. “The indictment also alleges that Rikkels frequently requested that [V]eterans who lived in the local area meet him to make payments in cash to minimize what he would have to pay in taxes. According to court records, the investigation revealed that during just a three-month period between February and May of 2025, Rikkels met with at least four local [V]eterans and received a total of $57,000 in cash payments from them. On November 13, 2025, agents searched Rikkels, his vehicle, and residence and seized a total of over $280,000 in cash.” https://unitedforvets.us/spectator/hr3132 monthly 0.5 2025-12-31 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1762658325520-THT4WD2ZWAD82371021G/RDT_20251108_1542256031613661912793932.jpg Veteran's Spectator - H.R. 3132 – A Bill That Harms Veterans The byproduct of any government menagerie is inefficiency. The solution? Congress has provided folks like me—agents and attorneys—be allowed to represent Veterans; help them navigate the complicated maze and red tape in order to secure benefits to which they are rightfully entitled. In exchange for a fee, the Veteran gets his or her benefits, I earn a modest living. There is also a safety net—if a Veteran believes I have pulled a fast one, they have a venue to be heard, to ask the VA to reduce my fee. Congress is trying to end that safety net. That’s bad for you, it’s bad for me. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1762658453937-NP7U178Z23YPLZZ1C9ZA/RDT_20251108_1948437083906594261708085%7E2.jpg Veteran's Spectator - H.R. 3132 – A Bill That Harms Veterans - The Train Came off the Tracks Somewhere along the way, Congress removed something important from the statute, something I force myself to believe was unintentional. They removed criminal penalties for charging Veterans fees outside the bounds of Title 38. This is where the train fell off. Since that removal, a multi-million dollar industry has emerged— “claim consulting.” Folks providing legal advice, assisting in claims preparation, the whole 9 yards. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1762658323603-VPQ9XSBNT3LEPFGB0X1Y/RDT_20251108_1945533477441582844644676%7E2.jpg Veteran's Spectator - H.R. 3132 – A Bill That Harms Veterans - How They Operate These companies market themselves as consultants. What they are really doing is the unauthorized practice of law. They review your records, examine you from head to toe, fill out claims forms, and file you for 20 + conditions. Their “fee,” which they aren’t authorized to be charging you to begin with, is generally the difference in your monthly increase times 6-12. Often times, my fee of 20% would be thousands less. Sounds like a used care salesman if you ask me. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1762658446799-FWH079BIL023H2ULJ069/RDT_20251108_1111291947763245175530708%7E2.jpg Veteran's Spectator - H.R. 3132 – A Bill That Harms Veterans - Getting the Train Back on Track To remedy this, there is a current bill, H.R. 3132—the CHOICE for Veterans Act of 2025, and it has 37 co-sponsors. This bill though, doesn’t get the train back on the tracks. It finishes the derailment. It harms Veterans. Here are my thoughts that I shared with my Congressman. I work everyday in the trenches of the VA. I see firsthand what Veterans are faced with—the red tape and bureaucracy that comes with a claim for benefits—even those Congress has declared are presumptive disabilities. Cancer, multiple sclerosis, ALS, all the nasty ones. Like any bill, the goal of its drafters is well intended. https://unitedforvets.us/spectator/veteransday2025 monthly 0.5 2025-11-11 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1762658452276-OFDS8VUYF7LRHWW7Q5C0/RDT_20251108_1949415922794858095632900%7E2.jpg Veteran's Spectator - A "Gift" From Congress This Veteran’s Day While the Washington Post has been busy publishing hit piece after hit piece on Veterans, my friends and I have been busy continuing to fight for you fine folk. On the flip side of things, the other W.P.—Washington Politicians, seem to have a "gift" ready for everyone to celebrate Veteran’s day—a budget! How nice of them. Imagine this. You’re waiting on the VA to get your claim right so you can get the bank off your back. The VA denied your VR&E appeal, saying you are too disabled to go back to work (no duh). So, you just don’t have any money coming in. You call up the bank and say sorry, you will just have to wait. The wife and I just can’t agree on a budget right now! How long do you think the bank is waiting? I doubt they are waiting some forty-one plus days. The good news? After Turkey Day is over, it looks like we are going to get to do this whole thing over again on January 30, 2026. To me, fall is the best. College football, hockey, bonfires, getting together with family. Of course, Veteran’s Day, Thanksgiving. The two days go like peas and carrots. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1762658425211-2HDKIFBIE1RD65XEAM3U/RDT_20251108_2007197490760175032144911%7E2.jpg Veteran's Spectator - A "Gift" From Congress This Veteran’s Day - Veterans Day and the Season of Gratitude November in general is a reflective time. The air turns crisp, the days shorten, and our thoughts turn inward. For many, November is synonymous with gratitude. It’s the month of Thanksgiving, a day dedicated to pausing and giving thanks for the blessings in our lives—our families, our homes, and our Nation. I know I sure have been blessed this year. We have been able to serve so many Veterans this year and help fulfil the promise of a square deal between the Nation and our Veterans. Denise and Jeff are just one example among many—ones I am very proud of. But for me, and for many of you, this month of gratitude holds an even deeper, more personal meaning. It begins on November 11—with Veteran’s Day. It is a powerful and fitting anchor for a season of thankfulness, reminding us that many of the freedoms we are most grateful for were not given, but earned. They were protected by the very men and women I have the profound privilege to represent every single day. Which is why this really is the best "job" on Earth. I use that term loosely. Sure, I have been fortunate enough to make representing Veterans my full time career—but really, it never seems like work. I still get that same thrill today of calling a Veteran and saying “we won, we beat them” as I did the day I first started. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1762658425595-F8PX7OSHLWYWEYV1GBT1/RDT_20251108_2006537983970166349035394%7E2.jpg Veteran's Spectator - A "Gift" From Congress This Veteran’s Day - A Legacy of Service Veteran’s Day is not just another holiday. It’s a date cemented in history. It falls on November 11 to commemorate the armistice that ended World War I—"the war to end all wars"—on the 11th hour of the 11th day of the 11th month of 1918. Derived from the Latin 'arma' ("arms") and 'stitium' ("a stopping"), the word literally describes a "stopping of arms" or a cessation of conflict. The spirit of the stitium endures today. Veteran’s Day now calls for a different kind of "stopping": it asks us as a nation to pause our daily routines, to deliberately stand still, and to take a moment to reflect on and give thanks to all the veterans whose service secured the peace that armistice represents. What began as a day to honor the heroes of that specific conflict has evolved, rightly so, to honor all American Veterans, from all eras, living or passed. It is a day to recognize the patriotism, the love of country, and the profound willingness to serve and sacrifice that defines a veteran. You just won’t find a better Country on Earth worth defending. As an advocate, I see the marks of this service every day. I see it in the service-connected disabilities my clients carry, in the old photos they share from their time in uniform, and in the pride that remains, even when they are fighting their toughest battles here at home. This day is for them. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1762658423577-4SPS44LS14Q9RSU2A4X3/RDT_20251108_2006412435573198585245163%7E2.jpg Veteran's Spectator - A "Gift" From Congress This Veteran’s Day - Things That Matter For many, showing gratitude on Veteran’s Day means a parade, or a "thank you for your service," or a Facebook post. These are important and valued gestures, sure. But as we sit down for our Thanksgiving turkey, dressing, and mashed potatoes later this month, surrounded by comfort and safety, I believe our gratitude must also always be reflective and forward thinking. We must remember who made this possible, and those that will always be needed to defend out Nation’s freedoms. This November, as we reflect on all we are thankful for, let us place the service of our Veterans at the very top of that list. Let us be thankful not just in word, but in deed. To all the Veterans I have the honor of serving and to all those I have yet to meet: Thank you. It is the privilege of my life to fight for you, to continue to fight. Godspeed. https://unitedforvets.us/spectator/malebreastcancer monthly 0.5 2025-11-07 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/3abaeb85-e53e-499a-b9f9-a432e9b2da6d/Gemini_Generated_Image_m7nt6vm7nt6vm7nt.png Veteran's Spectator - Secretary Collins Signs Memo Ending Presumptive Service-Connection for Male Breast Cancer It seems like the closer we get to 2026, the more my stupid radar has been going off. While the VA has been busy telling you that benefits aren’t effected by the shutdown, despite education benefits not being paid, upper level compensation supervisors being furloughed, and getting "auto replies" from the Board, Secretary Collins has been a busy man it seems. Busy ending presumptive benefits for one of the nastiest diseases—breast cancer, but, just for the men. Ladies reading this, you are apparently safe, for now. With the stroke of a real pen (no autopen used here), Secretary Collins has undone presumptive service-connection for male breast cancer. This doesn’t help empower women—it hurts real Veterans. Cancer doesn’t pick political sides. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/89d2eee7-1267-4e82-99bf-c1d44b337496/117237399_10158637233683270_5043509449711792241_n.png Veteran's Spectator - Secretary Collins Signs Memo Ending Presumptive Service-Connection for Male Breast Cancer - War in the Modern Age Over twenty-five years ago, Senator Thomas Daschle of South Dakota took to the floor of the Senate to make an impassioned argument for extending benefits to the children of Veterans, because their disabilities were (and are) an unintended and unexpected consequence of war in the modern age¹, as the Senator from the Mount Rushmore state would describe it. Likewise, Senator John D. Rockefeller, IV, noted that “[w]ar is changing…We are getting into the century of toxins, of chemicals, we do not have the big Russian bear anymore. We have the little horrendous dictators . . . . They build their little bombs, and their little bombs are not filled with explosives, they are filled with chemicals and toxins that will destroy peoples’ nervous systems. He called the environmental exposures our forces face today as the “toxic hazards of war²”. At home, our forces—Veterans—and their families, still face the hazards of war, both on and off the battlefield. Less than a decade after the end of the Vietnam War, contaminants were found in the water supply at Camp Lejeune³. Additional investigations revealed that the contamination spanned from the 1950s until the mid-1980s⁴. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1a947e5d-90e4-49ad-95fe-3fceab6d36a4/1000000066.jpg Veteran's Spectator - Secretary Collins Signs Memo Ending Presumptive Service-Connection for Male Breast Cancer - The Promise of the PACT Act If there is one thing Congress loves, it is the name for a bill. They love to put the word “promise” into any law’s name. The PACT Act is no exception—officially the Promise to Address Comprehensive Toxins Act of 2022. This piece of legislation, to the rare credit of Congress, did a lot of good for Veterans. It expanded locations VA would presume contained Agent Orange (adding Thailand, Laos, Cambodia, Guam, American Samoa, and Johnston Atoll Island). https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/e1bd5e75-71ac-4dc2-9bcc-f1b80628f47f/1000000067.jpg Veteran's Spectator - Secretary Collins Signs Memo Ending Presumptive Service-Connection for Male Breast Cancer - Secretary Collins Reverses Course According to the memo (apologizes for the bad copy, they are keeping this thing tightly under wraps—but what government agency doesn’t have a leaky faucet?) in February 2023, “VA leadership questioned the equity of the initial interpretation. The Office of General Counsel guidance stated that the phrase "reproductive cancer" was not defined, and the statute’s language was ambiguous. This ambiguity allowed for VA to interpret the term as including both female and male breast cancer.” The memorandum goes on to state that “Executive Order 14168, dated January 20, 2025, Defending Women from Gender Ideology Extremist and Restoring Biblical Truth to the Federal Government, may dispute classifying male breast cancer as reproductive.” Concluding, “Recommended course of action: Remove male breast cancer as a reproductive cancer.” https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/4a1bb47c-32cd-4720-9baf-8c12e6789b18/1000000065.jpg Veteran's Spectator - Secretary Collins Signs Memo Ending Presumptive Service-Connection for Male Breast Cancer - House Committee on Veterans’ Affairs Responds Committee Letter to Secretary Collins This memo quickly caught the attention of the House Committee on Veterans’ Affairs, who was quick to respond. “Incidences of male breast cancer, while thankfully rare, have risen in recent years and are increasingly linked to toxic exposure.” “Cancer does not care about ideology, and neither should the agency charged with caring for those who served. The PACT Act is the law — not a suggestion — and it requires VA to follow the evidence.” “. We demand you immediately reverse this decision and restore male breast cancer as a presumptive condition under the PACT Act, as Congress intended.” https://unitedforvets.us/spectator/stalldeny monthly 0.5 2025-10-31 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/c5d64ed4-a73a-4bbb-923d-d40f23e3cc90/Screenshot_20251031_114757_Photos.jpg Veteran's Spectator - "Stall, Deny and Hope They Die": The VA's Unwritten Policy Pictured is Denise. She is at Robins Air Force Base. Why? She is picking up her VA spousal ID. The problem? She is picking it up some 20+ years late. You see, Denise’s husband died of Non-Hodgkin's lymphoma (NHL) in July of 1996. As a Vietnam Veteran, her benefits were a done deal? Right. That whole presumptive thing? Just ask Mr. Nehmer. Well, if you are reading this, you probably know that the story isn’t that simple. However, what you probably won’t believe is that it took Denise over 20, yes 20, years, to finally obtain a Judge’s order granting her DIC benefits. I personally know of no other person who has litigated a case that long against the VA—continuously. She has to be a contender for the top 5. Denise calls her case "Stall, Deny and Hope They Die": - The VA's Unwritten Policy, and she wrote a book to tell you all about it! https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/7acc4bb0-133d-4cc2-b5e8-d3a2f46055b9/IMG_20251031_114109.jpg Veteran's Spectator - "Stall, Deny and Hope They Die": The VA's Unwritten Policy - Living in High Cotton When I began representing Denise, she had literally been litigating this case for longer than I had been alive. That isn’t a joke nor an exaggeration. So, to say Denise was fed up, felt forgotten, abandoned by the VA—by her own government—that would be quite the understatement. I will never forget the phone call to Denise on March 26, 2024. “We did it, Denise.” It was all I could think to say. At first, I think Denise thought maybe I was talking about something totally different? After 20+ years, was it all finally over? I doubt she believed it until she saw the Judge’s order. Heck, even then, I don’t think it sank in until she saw her first deposit. I know for sure, though, and you can tell by how happy she is, getting that spousal ID card was the cherry on top. Finally. Some recognition. I think Denise was living in high cotton that day. I know I would be. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/5cd5bb89-1725-4474-bc7c-603d155ac521/IMG_20251031_114114.jpg Veteran's Spectator - "Stall, Deny and Hope They Die": The VA's Unwritten Policy - Take it Easy After 20+ years of fighting with the VA, you’d think Denise was ready to take it easy. Well, you haven’t been around Denise much. Her passion is advocating for spouses who have been forgotten, wronged, and left to rot by the VA. So, Denise got straight to work. In-between raising a family without a father, working (what choice did she have, the VA wasn’t helping keep the kids fed.), and litigating this case, Denise, somehow, found the time to write her first book about just how torturous the VA can be is. So, after a short breather, Denise got to work on her second book. She was finally able to write her “final chapter.” So, after much typing, editing, reading, Denise was able to publish her second “updated” book: "Stall, Deny and Hope They Die": - The VA's Unwritten Policy. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/2be12e0e-ed83-4ceb-b391-2a9202a4ec88/20251031_114323.jpg Veteran's Spectator - "Stall, Deny and Hope They Die": The VA's Unwritten Policy - Denise Says it Best In her own words: Every Veteran and their family have a story Congress and America needs to hear. As a Veteran's Widow and Military Mom, my heart has typed the words to our story. My Husband of sixteen years, the father of our three children, died from exposure to Agent Orange in 1996. Following his funeral, I applied for my DIC Spousal Benefits - only to be informed by the VA they were paying my Spousal Benefits to a person who had filed fraudulent documents. I fought the VA's insurmountable paperwork for 28 years and "WON" in 2024! I pray our story will encourage all Americans to live each day remembering...through relentless faith, love and perseverance, your family, just like ours today, will know, "The Impossible Dream" is, indeed, "Possible." Phew, I bet Denise gives VA bureaucrats night terrors. Where is Denise now? What is she up to? Well, while the Judge granted her DIC, the regional office only back-dated it to 2004. Her husband died in 1996. So, we are missing a few years worth of retroactive payments. So, Denise’s appeal continues to be the longest continuously litigated case that I personally am aware of. Here we are, nearly thirty years later. However, as you can tell, Denise is dedicated. I have no doubt we will get her everything she is due. And, I know she won’t fold in the towel until that happens. Until then, Denise is getting her DIC payment, every month. Had she thrown in the towel, it never would have happened. Denise used to introduce herself as “Hi, my name is VA File Number .” To the VA, that is all Denise ever was. It is all she ever will be. Who cares about the person who gets the denial letters in the mail—what it does to a family? https://unitedforvets.us/spectator/81-monthrule monthly 0.5 2025-10-24 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/263bf549-d6ba-4aa5-b660-e5b9f0cc66e7/Picture4.jpg Veteran's Spectator - 81-Month Rule for Dependents: Another VA “Gotcha” Tactic The VA loves to think it’s above the law—but that’s not the case. When it takes that position it dishonors its core mission, along with wasting valuable resources better used elsewhere. Nor is it a public works program for bureaucrats as they spin hamster wheels for Veterans and our families, much as it comes across as such all too often. Rather, it is a vital department of the U.S. government tasked with a sacred duty. Unfortunately, it routinely subverts that fact by twisting legal basics leading to the incorrect denial of key benefits like educational ones, as if saving itself money is its prime directive. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/91ce58c2-9b33-4604-9105-19c77f48008c/Picture1.jpg Veteran's Spectator - 81-Month Rule for Dependents: Another VA “Gotcha” Tactic - A Deep Rooted History Three, given the unusual linguistic sleight of hand where for the first time the student—often a 17 or 18-year-old family member—is suddenly limited to 81 months rather than retaining the proper focus on the military parent(s) who earned the benefits, this strikes me as yet another attempted end run around having to follow the 2008 Osman v. Peake decision of the United States Court of Appeals for Veterans Claims. Regardless of the starting point, be it 45 months of benefits as Chapter 35 long was until August 1st, 2018, when the Harry Colmery (Forever GI Bill) Act of 2017 went into effect, dropping a set down to 36 months (though raising the monthly benefit nicely), that current, binding and precedential decision still requires VA to multiply times two if both parents each earned Chapter 35. And VA hates it, especially when combined with the original language of the U.S. Code that has long allowed two full sets for decades through a father and stepfather if the child student uses the second one for graduate school. Same sex marriage in 2013 led to awkward revised statutory wording about two parents “in the same parental line” that clearly confuses VA employees let alone most Veterans and teenagers. What’s really hard to take though is the false narrative about “double dipping” VA then deploys to deny benefits earned by married or divorced parents of any sort as if dad and mom are two halves of the same service member, and avoid the basic Kindergarten logic of adding one plus one to arrive at two full sets of Chapter 35. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/68f2921b-4c5e-474a-87ca-c2e5617edc50/Picture3.jpg Veteran's Spectator - 81-Month Rule for Dependents: Another VA “Gotcha” Tactic - Playing Games VA shoots DoD in the foot with such tactics, all too often attempting to send the ER bill to dual Veteran parent families despite current, binding and precedential case law—Osman v. Peake—two levels below the U.S. Supreme Court, establishing that one plus one equals two if both parents each earned Chapter 35 through death or ratings of 100%. The same goes for Chapter 33 when a dual couple has only one child; it’s ludicrous that VA terms that “double dipping” as well. VA never appealed Osman, surely realizing it had no hope of winning at the highest court in the land either. The SCOTUS Frontiero v. Richardson decision of 1973 would definitely be a factor there. That it also unconstitutionally strips the typical second parent in the family of compensation on behalf of the joint child too, leaving a student with dual Veteran parents worse off financially than one in a solo Veteran household, is a real sign of misguided priorities at 810 Vermont Avenue. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/8d198090-7d95-490b-a09e-087b040455b7/US_DUAL_MILITARY_VETERAN_PARENT_FAMILIES_OF_AMERICA_5.png Veteran's Spectator - 81-Month Rule for Dependents: Another VA “Gotcha” Tactic Entire families are impacted by Veterans’ benefits—whether during the Bonus Army of 1932 or NOW VA Chapter 35 Dual Veteran Families | Facebook Anyone who wants to help immediately is welcome to sign and share the change.org petition going to members of Congress. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/6dd8d45f-5259-43e1-890c-be2f341140a9/Caitlin_Goodale_Porter+Photo.jpg Veteran's Spectator - 81-Month Rule for Dependents: Another VA “Gotcha” Tactic - About the Author Caitlin Goodale-Porter was the only female Army cadet commissioned in 1984 at the College of William and Mary in Virginia as a 20 year old, initially serving on active duty as a missile maintenance officer in the Ordnance Corps both at Redstone Arsenal and the 3rd Armored Division in Germany. In 1989—after being told her records had burned up in the St. Louis fire of 1973—she managed to join an Army Reserve unit and began the process of switching to the Chemical Corps to take command only to have Desert Storm strike as she started law school at West Virginia University in 1990. Once graduating in 1994, her first--and only--law firm turned out not to be supportive of military reservists, so she enlisted in the Coast Guard and attended OCS. Instead of a legal billet, her next stop for a year was the Navy's flight school where ultimately binocular vision damage from Army TBI's led to her washing out before moving on to Air Station Corpus Christi as the surface law enforcement officer. https://unitedforvets.us/spectator/exparte monthly 0.5 2025-10-22 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1761150469443-MTYITT9NRK9GQSM3AAFX/unsplash-image-LCVRXvROD6c.jpg Veteran's Spectator - Court Denies VA’s Request to Stay Pending Cases I told you this Halloween was getting pretty spooky. I also talked about how VA’s Office of General Counsel was running out of money, and that we were told to expect stays in many cases. As always, the VA keeps it slicker than a fox. Thankfully, the Court isn’t buying any of it. At least, for now. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1761151711758-XWYGRL8AIR4OYRAABQF2/unsplash-image-MYRG0ptGh50.jpg Veteran's Spectator - Court Denies VA’s Request to Stay Pending Cases - The Court’s Response The Court, apparently sitting en bacn (meaning all active Judges of the Court agreed in this decision) denied the Secretary’s Motion in whole. “The Court has determined that its judicial review of veterans benefits cases is an excepted function that continues notwithstanding a lapse in appropriations. It is noteworthy that VA has determined that appellate review of veterans benefits cases is an excepted function and directed the Board of Veterans' Appeals to continue to make decisions on veterans' cases during the lapse in appropriations. Pausing VA's deadlines in nearly every case before the Court is a significant and extreme request, and the Secretary has failed to demonstrate that such sweeping relief is appropriate at this time. Therefore, the Court will deny the Secretary's motion, and all cases will continue to be processed in accordance with the Court's Rules of Practice and Procedure, including all requirements and filing deadlines,” (emphasis added). https://unitedforvets.us/spectator/october2025 monthly 0.5 2025-10-17 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/b385a0e1-3fe3-4ae9-b93e-2974a883c81a/1000000060.jpg Veteran's Spectator - It’s Always Sunny in Philadelphia; Congressional Stool Pigeons; Is Anyone Home? I remember reading Profiles in Courage in high school. Boy, they just don’t make men like they used to. Can you imagine the Congress of today having real courage? Shoot. What a month. I really wasn’t prepared for this spooky of a Halloween season. The VA sure is slick. You release the Philadelphia OIG report just before the shutdown, then say sorry, can’t view the report. OIG website is shutdown—no money! It’s slick as a fox, for sure. Glad I saved a copy. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/4f25984d-df1f-49fd-8065-2b90b9146fc1/1000000061.jpg Veteran's Spectator - It’s Always Sunny in Philadelphia; Congressional Stool Pigeons; Is Anyone Home? Well, come to find out, this joker in Philly was keeping it sunny—but only for himself. You see, the inspector general’s office got word that someone was “reviewing,” or authorizing, a hell of a lot of decisions. I pause here to make something crystal clear. I saw one person (on the internet, of course) saying man, I wish this guy had my claim! He was just “authorizing” decisions, rubber stamping money for Veterans! We need more like him! Wrong! Remember, the RVSR drafts the decision—the higher ups review the draft decision and either “authorize” it, or send it back for correction. So, that decision could be a flat out denial. A denial they are supposed to be reviewing for accuracy. It does not mean he was authorizing “approvals”. It means he was authorizing whatever the RVSR drafted up. Let’s take a look at some of the findings from the OIG: https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1760703201093-OWD7IG9STZ6FYDB0NUV7/Screenshot+2025-10-17+080836.jpg Veteran's Spectator - It’s Always Sunny in Philadelphia; Congressional Stool Pigeons; Is Anyone Home? https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1760703199553-WZYLSEX01SF18SPONLQC/Screenshot+2025-10-17+080912.jpg Veteran's Spectator - It’s Always Sunny in Philadelphia; Congressional Stool Pigeons; Is Anyone Home? https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1760703199697-ZYAZM5L2A4XZ700JWJMT/Screenshot+2025-10-17+080942.jpg Veteran's Spectator - It’s Always Sunny in Philadelphia; Congressional Stool Pigeons; Is Anyone Home? https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1760703201447-X81547RTEXEOCEOHV0OO/Screenshot+2025-10-17+080810.jpg Veteran's Spectator - It’s Always Sunny in Philadelphia; Congressional Stool Pigeons; Is Anyone Home? https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1760703202221-HRQSBEGNWVGTEBNXPU7W/Screenshot+2025-10-17+080752.jpg Veteran's Spectator - It’s Always Sunny in Philadelphia; Congressional Stool Pigeons; Is Anyone Home? https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1760703202613-ZZ6VB9PW6OFFHLVUG126/Screenshot+2025-10-17+080738.jpg Veteran's Spectator - It’s Always Sunny in Philadelphia; Congressional Stool Pigeons; Is Anyone Home? https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/e080d793-a671-4a7f-86a7-6234ee13624f/1000000056.jpg Veteran's Spectator - It’s Always Sunny in Philadelphia; Congressional Stool Pigeons; Is Anyone Home? - Congressional Stool Pigeons Now I know I am reusing pictures, but hey, when the shoe fits…I have done this work under both parties and wrong is wrong, regardless of the letter beside the person’s name. What is going on reminds me of Profiles in Courage discussing Senator George W. Norris. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1760709347944-TYIW7Z6MDODOSK4Y97TZ/fffff.jpg Veteran's Spectator - It’s Always Sunny in Philadelphia; Congressional Stool Pigeons; Is Anyone Home? https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1760709347984-U627RIF27ZFTG4GH4P0E/66666.jpg Veteran's Spectator - It’s Always Sunny in Philadelphia; Congressional Stool Pigeons; Is Anyone Home? https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1760709349017-V7FSONFPHAYUO8DUZ0YP/005555.jpg Veteran's Spectator - It’s Always Sunny in Philadelphia; Congressional Stool Pigeons; Is Anyone Home? https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1760709349223-TANVFP4PGOJNM8MENYW0/00033.jpg Veteran's Spectator - It’s Always Sunny in Philadelphia; Congressional Stool Pigeons; Is Anyone Home? https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1760709352010-AZOM8CRON9FG905WE3OF/02.jpg Veteran's Spectator - It’s Always Sunny in Philadelphia; Congressional Stool Pigeons; Is Anyone Home? https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1760709351874-5O49VQB7B57XOEVU75YC/01.jpg Veteran's Spectator - It’s Always Sunny in Philadelphia; Congressional Stool Pigeons; Is Anyone Home? https://unitedforvets.us/spectator/suckersandlosers monthly 0.5 2025-10-12 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/2e0450b5-67b4-4fa8-835c-a2c1299f013b/IMG_20250609_162430.jpg Veteran's Spectator - Washington Post: Veterans are Suckers and Losers No, it isn’t a new quote from President Trump. If you are fortunate enough to not have a Washington Post subscription, I will spare you the bottom line up front, and let you know what the Washington Post really thinks about Veterans. The only thing scary this Halloween season isn’t my black cat, Rosie, but how the Washington Post truly feels about Veterans. I have always been a believer that the proof is in the pudding. Just give someone enough rope and—well, you know the rest. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/02b2ea3c-3aec-46d5-81e8-de8aac9e6a2a/1000000054.jpg Veteran's Spectator - Washington Post: Veterans are Suckers and Losers - Did You Hear That? The VA is bending over backwards to help Veterans! More like bending you over backwards. And Uncle Joe made it easier than ever to get benefits! Just pick up the phone and say help, just say uncle. Yeah, right. The rest of the article goes on like that. I will stop before you get too nauseous. You can tell whoever wrote this has never walked into a VA facility a day in their damn life. Also, news flash, Washington Post: we have been at war the past…what 30 years? What do you expect? https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/e080d793-a671-4a7f-86a7-6234ee13624f/1000000056.jpg Veteran's Spectator - Washington Post: Veterans are Suckers and Losers - Easy as Pie Didn’t you know? It is easier than ever to file a claim and get approved! To make matters even easier, Veterans can “seek more favorable rulings from regional VA offices, the Board for Veterans’ Appeals and the U.S. Court of Appeals for Veterans Claims.” But, with how easily the VA is handing out money, do we even need appeals anymore? The VA just gives money out, no verification required, and they never get it wrong. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1758200954113-C17VRPA97ILA3GCE7G9A/20250908_084019.jpg Veteran's Spectator - Washington Post: Veterans are Suckers and Losers - Suckers and Losers Then there are the “mundane” conditions Veterans are filing for. What’s up with that? Eczema and hemorrhoids. I wonder if the tinnitus is secondary to the hemorrhoids somehow? That’s a joke, by the way. Anyhow, this too demonstrates a total misunderstanding of the VA, Veterans, and our obligation to Veterans. Agent Orange, burn pits, jet fuel, and oil fields due a hell of a number on someone’s body. https://unitedforvets.us/spectator/charlie monthly 0.5 2025-09-18 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/18f35959-3bcd-4060-aa81-83abd60bf5b2/2670.jpg Veteran's Spectator - Charlie’s Ultimate Victory; Wins Final Debate My wife and I sat in the back of an Uber headed to our hotel room in Washington, D.C. for the Fall NOVA Conference when we got word that Charlie had been shot. My stomach sank. I know hers did, too. While Charlie wasn’t a Veteran, he damn sure appreciated every single one of you that have taken up arms in defense of the Country he loved—the Country we all love. Charlie leaves behind a wife, beautiful young children, a business he built from the ground up, and so much more. More than anything, he leaves behind a legacy that tells us something—it tells us that this is the greatest damn Country this side of Heaven, and its still worth fighting for it. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/0679e66c-6550-44bb-83c2-92e181887b00/Charlie%2BKirk_Headshot%2B3.jpeg Veteran's Spectator - Charlie’s Ultimate Victory; Wins Final Debate - What Now? What now? That’s a good question. Frankly, I don’t know. What I do know is it is time to honor the legacy of someone who believed in the ideals and greatness of America. It is probably also time to tone down the rhetoric, on both sides. Actually, it is far past time. The second we try to silence those we disagree with for peacefully engaging in open debate, we are right back to April 12, 1861. Brother against brother. Family against family. Friend against friend. A people against it’s own self. That goes for both sides. Left and right. We must be able to hear people openly and decide what we do and do not agree with. Anything less is not American and something we cannot accept as Americans. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/92f5a474-6a29-438d-9103-6d2a29f9228f/0_Kirk-family-tee_MAIN.webp Veteran's Spectator - Charlie’s Ultimate Victory; Wins Final Debate - How I Know Charlie Won More than anything, Charlie won in the end because he lives on. As a born-again Christian, he never died, not even for a second. But, more importantly, Charlie won in the end because he proved his point. The American way cannot be defeated with words. You cannot “out debate” someone opposing American ideals and values. You will never win that debate, because nothing is better, or ever will be better, than America. Maybe Robinson should read up on the Age of Enlightenment. Charlie lived the American Dream and embodied what is best about this Country (notice the present tense). Because America lives on, Charlie lives on, he lives forever. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1758200871063-M6KV4LWVFU7T795HKU8O/20250901_113105.jpg Veteran's Spectator - Charlie’s Ultimate Victory; Wins Final Debate https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1758200850601-W12DHL4CIC7NQ0T2AZQT/20250829_114947.jpg Veteran's Spectator - Charlie’s Ultimate Victory; Wins Final Debate https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1758200861604-Y6K65RGERL8K4CT9R450/20250831_105713.jpg Veteran's Spectator - Charlie’s Ultimate Victory; Wins Final Debate https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1758200887776-YW00QGSY5GZO3QF4XBAH/20250901_125934.jpg Veteran's Spectator - Charlie’s Ultimate Victory; Wins Final Debate https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1758200882136-Q9IO18DA7V3YBB5ID1FK/20250901_113801.jpg Veteran's Spectator - Charlie’s Ultimate Victory; 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Wins Final Debate https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1758200905931-T6D3ERO0MVN6GZZ1T90V/20250902_151125.jpg Veteran's Spectator - Charlie’s Ultimate Victory; Wins Final Debate https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1758200911820-NA4K9C0VF6Y4ZJNF677A/20250906_132017.jpg Veteran's Spectator - Charlie’s Ultimate Victory; Wins Final Debate https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1758200922397-RARCTC1KQTW73N6DY28S/20250906_133659.jpg Veteran's Spectator - Charlie’s Ultimate Victory; Wins Final Debate https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1758200922732-BHCHCRWKGLWAXV2HS51B/20250906_133706.jpg Veteran's Spectator - Charlie’s Ultimate Victory; Wins Final Debate https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1758200933191-X4EJNLRHOJVEXTB29D0F/20250907_171256.jpg Veteran's Spectator - Charlie’s Ultimate Victory; Wins Final Debate https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1758200943809-MRNTUFA5ER0JN1GGFA2B/20250907_175847.jpg Veteran's Spectator - Charlie’s Ultimate Victory; Wins Final Debate https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1758200943813-428Q4P8J1SOIR3JNZJGH/20250907_195424.jpg Veteran's Spectator - Charlie’s Ultimate Victory; Wins Final Debate https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1758200954113-C17VRPA97ILA3GCE7G9A/20250908_084019.jpg Veteran's Spectator - Charlie’s Ultimate Victory; Wins Final Debate https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1758200958521-OOVLLDB66KJ5AZIHP4OO/20250909_130658.jpg Veteran's Spectator - Charlie’s Ultimate Victory; Wins Final Debate https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1758200970130-ZD42F0V9B6LWJ10VZE8H/20250909_131457.jpg Veteran's Spectator - Charlie’s Ultimate Victory; Wins Final Debate https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1758200969509-ZH3LZCPKN8D13GO9619V/20250909_132218.jpg Veteran's Spectator - Charlie’s Ultimate Victory; Wins Final Debate https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1758200979620-MBJKT17NR3GJF3772NXH/20250909_132224.jpg Veteran's Spectator - Charlie’s Ultimate Victory; Wins Final Debate https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1758200980714-AE1WPQKRQEYO5GNW2438/20250909_183938.jpg Veteran's Spectator - Charlie’s Ultimate Victory; Wins Final Debate https://unitedforvets.us/spectator/6rk738wn3h1uoub5byfcjjjqg0r0mv-ny8p9 monthly 0.5 2025-08-22 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1755865870383-TRAFSLX90B5BAUZYR7QC/unsplash-image-TI49JPnDPMs.jpg Veteran's Spectator - DOGE Alert: My $1,000 appeal Cost the Government $15,000 Perhaps the memo hasn’t reached the BVA. This administration is all about conserving scarce government resources. As the saying goes, there are three fights with the VA. The fight for service-connection, the fight for the right rating, and finally, the fight for the correct effective date. What if the VA gets your effective date wrong by just one month? It is only 1,000 bucks. Should you file an appeal? Well, we did just that, and it costs the government well over $15,000 to get a lesson in Special Monthly Compensation (“SMC”) effective dates. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/3a022383-a55b-496a-a56f-b947b308f787/487219602_122094094796829275_8137163865962255653_n.jpg Veteran's Spectator - DOGE Alert: My $1,000 appeal Cost the Government $15,000 - Chutes and Ladders The SMC game really is just that—a game. You apply, get denied, run up to the Board. Get a little bit granted, run back down to the regional office. Back to the Board. This process usually is a wash, rinse, and repeat 3-4 times on a true SMC case. Shoots and ladders. Up and down. So, we began the dance with the VA. Now, as soon as the VA learns you know what SMC is, or that it exists for that matter, their favorite thing to do is grant housebound (SMC (s)). They throw you a bone. An extra $435 on top of your 100% and pray you go away. Sure enough, that is what happened. Since John was over seventy-five, his appeal would be automatically advanced on the Board’s docket. So, we fired off a Notice of Disagreement. Now, I will be honest, I was expecting the Board to throw us another bone, SMC based on aid and attendance (SMC (l)) and hope we go away. To my surprise, they granted SMC (r)(1) right off the bat. John went from around $4,430 a month to $9,700, with just one appeal. Not half bad? Of course, the Board never does the heavy lifting and assigns an effective date. They leave that up to the Regional Office. Of course, the Regional Office flubbed up the effective date. They made his (r)(1) effective September of 2023. A total thin air, made up, date. Back up the ladder we go. Our second appeal to the Board for an earlier effective date. Oh, I should mention—what is John doing during this time? Well, this isn’t my first rodeo. The second I get a Veteran to (r)(1), I have them use some of that newfound wealth to hire some in-home care. In other words, we set the trap for (r)(2). https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/f0b2cb08-2a27-4284-b0b0-7d725489c4f6/Gulf-War-for-Newsletter.jpg Veteran's Spectator - DOGE Alert: My $1,000 appeal Cost the Government $15,000 - The Appeal There you have it, the $1,000 appeal is born. Aside from the fact that the Board cited to records from August of 2022, as evidence suggesting he didn’t need aid and attendance (months prior to December), I just couldn’t let a wrong go uncorrected. So, up to the CAVC we go. The good thing about filing an appeal to the CAVC is it costs you, the Veteran, nothing. Instead, if we are successful, myself and my very good buddy, Ben Binder, of Binder & Watson Law Group, get to send the VA a bill for our time. It doesn’t come out of John’s backpay. It comes from a different pot of money, as part of the Equal Access to Justice Act. It literally costs John, or you, nothing to be represented at the CAVC. Now, if the VA had any commonsense, the second they saw the notice of appeal, they would have folded up shop. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1755870408528-0JWU7UY96DD02DFJWKKQ/unsplash-image-0J8145PfWD4.jpg Veteran's Spectator - DOGE Alert: My $1,000 appeal Cost the Government $15,000 - Back at the Board When a case is sent back to the Board from the Court, the VA must send a Veteran a letter stating so, and provide them 90-days to submit additional arguments. What’s another $1 in postage? Make that $2 since the VA has to send me a copy as well. Actually, let’s round that up to $10. The price to have an employee draft a letter, print out, mail it, to myself and John. Then, I have to prepare a second written argument, send it to the VA, where an employee has to process it, upload it to John’s file, etc. Once that is done, the Board prepares to spend another $2,470 to crank out another decision in John’s appeal. Now, thankfully, the Board got it right this go-round, and ended up granting what we wanted: SMC (l), effective December of 2022. All that, to give John $1,000. But, of course, it gets better, yet. You see, when the Board grants an appeal, it still has to go back to the Regional Office to implement the Board’s decision. I use the analogy of a Judge signing an arrest warrant. The Judge doesn’t go arrest the person—you still have to pay a sheriff’s deputy to go do that. That requires yet another VA employee to draft something implementing the Board’s grant. Of course, another letter to myself and John saying ‘we are implementing the Judge’s order.’ Oh, and for whatever reason, they mail out a copy of the Board’s decision, again, to both myself and John. So, 4 copies of the Board decision is an extra 56 pages being printed (yes, it took the Board 14 pages to say here is your $1,000). 56 extra pages being mailed, on top of the decision implementing the Board’s grant. All this for what? You know it, $1,000. Redacted $1,00 Grant https://unitedforvets.us/spectator/4july2025 monthly 0.5 2025-07-03 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/a47fdce0-7886-4e0e-89e6-2df0ba12b9e2/IMG_0215.jpeg Veteran's Spectator - Beyond the BBQ: Service and Success This Independence Day Jeff came to me in January of 2024. He is one of those types of guys where when you hear what all he has done, you immediately know his awards and decorations spill over into box 18 of the ole DD-214. First a Marine, then a pararescueman. You don’t see that combo-box every day. Jeff recently got a full Board grant for everything but the kitchen sink. It will make celebrating this Fourth of July that much better for him. While Jeff’s active-duty days may be over, the spirit he embodies is alive and well, and very fitting for a Fourth of July story. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1751116149871-2R0JP4ICA0X8RNUDE2LK/IMG_3163.jpeg Veteran's Spectator - Beyond the BBQ: Service and Success This Independence Day - Jack of All Trades, Master of All You read it right. Usually, Jack is master of none. Well, not Jeff. Not only has he done it all, but he has done it all to the best of his ability, and at the highest levels. First as a Marine, then as a pararescueman, then as a civilian working for Homeland Security to protect children. As Jeff tells it, “I joined the Marine Corps straight out of high school in 1996. Like many young men, I enlisted with a desire to serve and challenge myself. After fulfilling my initial contract, I left the military with no intention of returning. But after the events of 9/11, that decision haunted me. While others stepped into the fight, I felt like I had walked away. That guilt stayed with me for years until I finally answered the call once more, this time through one of the most demanding and dangerous paths in the military: United States Air Force Pararescue. Only 4 out of 120 men made it through the brutal two-year selection process. I was one of them”. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1751116145634-ES5BVTUUWTWX0C30ZM4U/IMG_2625.jpeg Veteran's Spectator - Beyond the BBQ: Service and Success This Independence Day During his five combat deployments, Jeff performed more than 40 combat rescues and carried out numerous missions alongside special operations counterparts. “My body and mind took a beating. Years of exposure to explosives, hard parachute landings, and shoulder-fired weapons left me with lasting orthopedic injuries and a traumatic brain injury (“TBI”). A free-fall parachuting training accident in 2017 left me unconscious and, sadly, marked the beginning of a steep decline. The fatigue, vertigo, depression, and memory issues that followed made it impossible to ignore”. “After nearly 17 years of service, I was medically retired. I tried to continue serving by joining the HERO Child Rescue Corps, a Homeland Security program that trains veterans in digital forensics to combat child exploitation. But the job was more than my brain could handle. I resigned after six months and finally accepted that it was time to slow down and focus on healing”. “That's when things really got tough. I could not function like I used to. Simple tasks became difficult. My tolerance for stress was gone. I felt like a shadow of my former self. I went from being an elite warfighter to feeling useless, a burden on my wife, who ultimately left her six-figure job to care for me full time”. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1751116142588-U9EJ0EMUGJB0AE72Q28M/IMG_0845.jpeg Veteran's Spectator - Beyond the BBQ: Service and Success This Independence Day - Turning to the VA for Help Jeff, like many post 9/11 Veterans, was beginning to understand the ramifications of life with a TBI. It is one of the toughest pills to swallow. I can only imagine for someone like Jeff. You go from being an elite war-fighter to needing help to walk down the hall due to the dizzy spells. That’s when Jeff turned to the VA for help. “We turned to the VA for help, but every claim we submitted was denied. We fought every decision, appealing one after another. It felt endless. In 2023, after a particularly crushing denial for Aid and Attendance and Special Monthly Compensation”. Jeff came to me shortly after, and I was onboard. I couldn’t have asked for anything better. Jeff and his wife have been incredible to work with. You won’t come across finer folks. I knew Jeff needed relief—fast—more like yesterday. Jeff had two complex issues. Special Monthly Compensation and the Caregiver program. I knew getting him before a Judge would be his best bet. But, also knew that could take years, time Jeff, nor his wife, had. Once we got his appeal docketed, we filed a Motion for Advancement. To my surprise, we got zero pushback from the Board. If you ask Jeff, he would probably give me all the credit. The truth is, Jeff just had the truth on his side. The evidence was just…there. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1751116139189-H9NVR5046DFAEBGSU2XY/IMG_0050.jpeg Veteran's Spectator - Beyond the BBQ: Service and Success This Independence Day https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1751116146476-7IPQSM6QCZ4N1BP0GHSV/IMG_0215.jpeg Veteran's Spectator - Beyond the BBQ: Service and Success This Independence Day https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1751116142588-U9EJ0EMUGJB0AE72Q28M/IMG_0845.jpeg Veteran's Spectator - Beyond the BBQ: Service and Success This Independence Day https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1751116145634-ES5BVTUUWTWX0C30ZM4U/IMG_2625.jpeg Veteran's Spectator - Beyond the BBQ: Service and Success This Independence Day https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1751116149871-2R0JP4ICA0X8RNUDE2LK/IMG_3163.jpeg Veteran's Spectator - Beyond the BBQ: Service and Success This Independence Day https://unitedforvets.us/spectator/vljcryan monthly 0.5 2025-06-20 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/73bcd589-1141-4e6d-a254-db5ad83314d6/vlj-cryan.jpg Veteran's Spectator - VLJ Lauren Cryan: It’s just leukemia, so what? “It is quite unclear to what extent the Veteran experiences impairment due to the hairy cell leukemia directly”. - Veterans’ Law Judge Lauren B. Cryan, June 17, 2025 I should have known the writing was on the wall the second the hearing coordinator uttered “the Judge today is Judge Cryan”. Its just about unheard of to say a Board judge is anti-Veteran. Afterall, the whole point of working for the VA is about helping Veterans. Most judges go above and beyond to help our Veterans, especially ones like “Brad”. Brad never stepped foot in Vietnam, instead he was in nearby Thailand. He got the same douse of Agent Orange, though, as if he had been in Vietnam. As a result, Brad is ate up with leukemia—severely disabled is an understatement. However, Judge Cryan has her doubts. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/5af1bd51-7ec0-413d-bd0a-aec9808ccec0/agent-orange-shutterstock_609177641.jpg Veteran's Spectator - VLJ Lauren Cryan: It’s just leukemia, so what? - How we Got Here Before I tell you how we got here, let me tell you just the type of guy Brad is. Brad is the type of guy who volunteered to go to Thailand in 1974. He was shipped off to Nakhon Phanom Royal Thai Air Force Base (NKP). His job was to transcribe incoming (classified) transmissions and hand them over to the Deputy Commander of operations for action. If any of you reading are recalling your history, the US was winding up operations during this time. Because of that, the manpower at NKP was very limited. As a result, everyone was pulling double duty. Brad would finish transcribing incoming messages, and then go pull guard duty in the tower or along the perimeter. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/0f155b3b-29f1-4af6-8203-b3b42ceb83f5/1000000042.jpg Veteran's Spectator - VLJ Lauren Cryan: It’s just leukemia, so what? - The “c” Word Then one day, Brad’s world came crashing down. His story starts out all too familiar. Fatigue, wanting to sleep all the time. Dizzy spells. You think to yourself its just a mild flu that you haven’t shaken off. Finally it is too much to ignore. You get some lab work. The doctor is concerned about that white blood cell count. More lab work. Until finally the doctor sits you and the wife down. Its hairy cell leukemia, Brad. How did this happen? Where could it possibly have come from? No one in my family has cancer. Brad’s life was about to change. Like most Veterans, Brad started doing some Facebook research and found a page for Thailand Veterans. From there, he got the idea to file a claim with the VA. Sure enough, during the middle of another c word (COVID), Brad filed his intent to file with the VA in November of 2020. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/fe37c8ac-8eba-4ca1-aa37-c131427c307b/503986946_24170091369275356_106543351615572980_n.jpg Veteran's Spectator - VLJ Lauren Cryan: It’s just leukemia, so what? - Mr. Stover You see, back before Thailand was recognized as an Agent Orange presumptive county, Veteran’s had to fight tooth and nail to prove to the VA they were actually exposed to Agent Orange. As always with the VA, the VA thinks they have the final say on that matter. As terrible of a situation as Brad was in, his case wasn’t unique in this regard, but his timing was. You see, Mr. Stover was just like Brad. He served at Takhli RTAFB. He gave the VA photos of his hooch (living quarters, shown in the picture), told the VA about how he traveled along the runway and the radio station to phone home, both of which put him at the perimeter where Agent Orange was sprayed. If that wasn’t good enough, he even explained to the VA how spray would float along drain ditched right where he was sleeping. Instead, the VA told Mr. Stover that wasn’t good enough. No dice. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/d20ddd83-1a8d-47c9-949e-a8314154eba9/465675164_886185126995691_312841986199891352_n.jpg Veteran's Spectator - VLJ Lauren Cryan: It’s just leukemia, so what? I knew the second his 100% was approved we were up against a clock. Not just to get a claim submitted, but for the VA to actually process it in time. We went right away and filed for aid and attendance. I got clever and had the doctor write a letter explaining that “There is no known cure for Hairy Cell Leukemia, though, some patients can remain cancer free for periods of time following treatment. As discussed, Mr. [Veteran] is still undergoing treatment for active cancer. Even with successful treatment it is likely that residuals from his cancer including decreased bone density and hearing loss, along with his symptoms of pain, weakness, and limited range of motion from his arthritis, lumbosacral strain, and radiculopathy will still render him permanently and totally disabled. It is my professional opinion that the veteran is permanently disabled now and for the foreseeable future”. It just about makes you cry reading something so sad. Sad or not, it was our silver bullet. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/689b9602-ac34-4bb7-80f7-cdc6e32a9a6a/466032660_886185553662315_9057016112734761212_n.jpg Veteran's Spectator - VLJ Lauren Cryan: It’s just leukemia, so what? - Living in Limbo One of the most difficult things after a Board hearing is living in limbo. That state of not knowing what ruling will come down after a hearing is tortuous to Veterans. However, the time can also be useful. After a Board hearing, you can take up to 90-days to submit any additional evidence. As you can tell from the hearing transcript, I would make good use of this time to plug up any holes and try and put this thing to rest. I did just that. We used this time to get a new aid and attendance form done, from a totally different doctor, discussing why Brad needed aid an attendance due to multiple service-connected disabilities, even when considered alone. In other words, SMC R-1. I wasn’t going to leave any stone unturned. https://unitedforvets.us/spectator/trenches monthly 0.5 2025-06-13 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/b7bae420-e815-42a0-8fc1-713b3dbbd61a/M-Spr20-Weapons-LEAD-4C.jpg Veteran's Spectator - Out of the Trenches, Into the Sea When I started my practice, it was right into the trenches of the VA. Doing battle as best I could for Veterans. The Regional Office and the Board is where the action happens. Its where benefits are granted or denied. Where your client gets relief just in time to avoid eviction. Act and react. Doing a deep dive review and formulating the best plan of attack to get this Veteran the benefits they deserve, as quickly as possible. That is what practicing and litigating is about. Its what gets a Veteran the relief that they desperately need. Recently, I have had to leave the trenches and go out into the sea, but with good cause. Not as a means to abandon ship, or you, but to (hopefully) help more Veterans. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/5857ec2d-7f72-47f0-9e2e-97f0866d99ba/tumblr_n3iu4vEpbN1qivon6o1_500.jpg Veteran's Spectator - Out of the Trenches, Into the Sea Fast forward to today’s time. The Veteran’s Court receives more appeals than nearly any other federal Court. In 2024, the Court received 8,937 appeals³, a trend that is only continuing to grow. No matter what caliber of advocate you are, there are just certain things you can’t change within the VA, certain issue you could never overcome. Sure, you may win an individual case. While that undoubtedly creates a lifetime impact for a Veteran and his family, it isn’t a “system wide” impact. Certain issues require us to get out of the trenches and out into the sea, where we can obtain a better view of the battlefield. In other words, the Veteran’s Court is a necessary instrument for change, both for individual Veterans in their individual Court appeals, but also in the Court’s inherent authority to issue precedential or “across the board” relief. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/7392b884-6764-4e2c-9ea7-1aec7de32836/tumblr_mgxqjiABKS1qivon6o1_500.jpg Veteran's Spectator - Out of the Trenches, Into the Sea - Your Right to a Hearing Its no secret that I am not afraid of hearings. I love to do hearings. VA proceedings are legally considered ex parte, meaning you the Veteran are not a part of the proceedings until you get that 25-page denial in the mail. Very rarely, if ever, do you actually get an opportunity to interact with your decision maker. The solution to that problem? A hearing. The right to a hearing is not something new within the VA. 38 C.F.R. § 3.103(d)(1), states that you, the Veteran, are “entitled to a hearing on any issue involved in a claim within the purview of part 3 of this chapter before VA issues notice of a decision on an initial or [a]supplemental claim.” As best I can tell, this right has been on the books since at least 1999—likely longer, that was just with a quick glance into the historical C.F.R. Even better, 38 C.F.R. § 3.103(b)(1), requires the VA to notify Veterans of decisions “made by VA affecting the payment of benefits or granting of relief.” The regulation continues to explain that such right to notice includes “the right to a hearing on any issue involved in the claim as provided in paragraph (d) of this section.” https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1749818586022-8O7GPPAGJFW5MFJ7RGD0/01.jpg Veteran's Spectator - Out of the Trenches, Into the Sea https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1749818585970-Y6OP6YXMRLOKYCM0TYW8/02.jpg Veteran's Spectator - Out of the Trenches, Into the Sea https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/e8de9900-198a-42df-910c-68c0712ce22e/tumblr_nzdhvmEqBn1qivon6o1_500.jpg Veteran's Spectator - Out of the Trenches, Into the Sea - Taking Action In late 2024, the VA put out a memorandum that it was updating its appeal rights form, and adding in language to inform you of your right to a hearing. It was like a cannon went off inside my head. To be honest, I hadn’t even noticed this issue on the appeal rights form. But, when I heard about the change, I combed through some old decisions. Sure enough, no mention of a right to a hearing. I knew I had something on my hands. I pulled up the C.F.R. Sure enough, the right to a hearing and the right to be notified of the ability to have a hearing, was right there in black and white. You remember Annette? Well, she is a client of mine and is in the same boat. She never got notified that she could have a hearing to help justify her late husband’s claim. https://unitedforvets.us/spectator/jamescapers monthly 0.5 2025-06-06 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/ac2f9adf-3e23-467b-a9ed-e69453b592a4/01.jpeg Veteran's Spectator - Hometown Heroes: Featuring Major James Capers, Jr. It feels good to be writing again. Once this new administration got settled in, it has been Life in the Fast Lane, buddy. Even as I write this, the decisions are still rolling in hot. Yet, I wanted to take the time to tell you about another Home Town Hero, Major James Capers, Jr. With your help, he just might receive the Medal of Honor. Better late than never, right? Him and Michael Buras are birds of a feather, if you ask me. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/025e517a-9684-4abe-9f8a-0b0881d15350/XB7KFB3DPBHN7MXININNRYSYKQ.jpg Veteran's Spectator - Hometown Heroes: Featuring Major James Capers, Jr. During the firefight, Capers, in two instances, gave up his seat on a ride out, so it could instead take others. Capers eventually received a Silver Star for those actions. That’s where the controversy picks up. A similar event occurred nearly a year later. As a result, Second Lt. Terrence C. Graves did receive a Medal of Honor—for nearly identical actions. But, so far, nothing for Capers. Thankfully, however, that blue ribbon may be in sight for Capers, with a little help from Congress, and maybe even yourself. In May, H.R. 3377 was introduced to “authorize the President to award the Medal of Honor to James Capers, Jr., for acts of valor as a member of the Marine Corps during the Vietnam War”. There is also an online Petition. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/4cb0bfba-2d76-40fd-9708-1cbe0f9db16f/Battle_of_Phu_Loc.jpg Veteran's Spectator - Hometown Heroes: Featuring Major James Capers, Jr. I think what is most interesting here is no one disputes that both men did heroic things. It also highlights what I have known since I began doing this kind of work, ordinary people who have done extraordinary things for our Country are not that uncommon. Especially during this era. Men were drafted to do a job for their Country, for our Country, and they did it well, and they did it to the best of their ability. Capers is no different. Neither is Terrence. Both men went above and beyond of what was asked of them. So far, though, Capers hasn’t gotten the same recognition he deserves. But, perhaps with your help, that just may change. I can’t think of a better reason to call your Congressman’s office. Capers deserves it, just like Terrence does. Our Country is better off because of both men. https://unitedforvets.us/spectator/lifeinthefastlane monthly 0.5 2025-04-18 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1733582035636-V1VRJFSHRKBJQ614P6SD/unsplash-image-mYSzFPhmR14.jpg Veteran's Spectator - Life in the Fast Lane The Board has been cranking out decisions like a pasta machine on steroids. Sounds nice enough? The problem? They forgot to mix the dough first, forgot the eggs, and neglected to reference the cook book first. What they’ve thrown in the oven is a mixed bag of decisions. Now don’t get me wrong, there have been some good decisions, but two I got this week were like half-baked lasagna. Burnt and crispy on the outside, cold and wet in the middle. I guess they are worried about their annual report to Congress this year. Maybe Elon has been hanging out at Central Office? Help! Someone send the Coast Guard, because soon the CAVC will be drowning in appeals. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1745002369894-8LFKPB89Z0QS8PFQIV95/unsplash-image-SE5ZUY_1sVA.jpg Veteran's Spectator - Life in the Fast Lane I’m all for the Board speeding up its ability to make decisions. But, throwing out half-baked decisions versus quality decisions simply strains the system worse and worse. Imagine how many appeals are generated as a result of a bad decision? Sure, VA can go to Congress and say “see, we have less appeals pending than ever before”. The problem? Those decisions get appealed and sent right back to the Board. That’s not by my imagination, but the numbers tell us that. In 2024, the Court received 7,862 appeals. The Court affirmed the underlying decision in only 375 of those appeals. Sure, the Board is cranking out decisions lately—but for what? To have those decisions appealed and sent right back from where they came. The Board often cries that as advocates, we are just too damn tricky. We submit evidence at the last minute, come up with a brand new argument at the Court, or get the case sent back on a technicality. As we have been told before, the Court often remands but nothing beneficial ends up happening for the Veteran. Quite frankly, if that is the case, all this could be prevented by the following: Do your job the first time. That is just a BVA talking line, though. The truth is, all of the Court appeals I have secured have all resulted in the award of benefits at the end of the day. In other words, the Board was wrong from the get go. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1745010926511-8JEGKZPSHUVYRVU72R7R/unsplash-image-PSoiORa8K-U.jpg Veteran's Spectator - Life in the Fast Lane It’s okay. I get it, I know the VA Easter Bunny won’t visit me this year. Maybe next time? Which brings us to my final punch line. A lot of things could be prevented if the VA would simply communicate. I can’t tell you the number of appeals that could have been prevented by the VA picking up the phone and saying “we intend to do this, what do you say?” Well, that is fine and dandy, but I noticed you totally glossed over those VAMC records saying x, or, it sounds like you missed Johnnie’s statement on y. But, the VA can’t be bothered with that. They have better things to do, like making sure you actually get mailed a copy of their denial. Oh yeah, that’s a thing. So don’t let the VA call you crazy if you never got a copy of something they claim they mailed you. But that’s a story for next time. I better go see if the lasagna is done. Happy Easter. Godspeed. https://unitedforvets.us/spectator/denisfinallesson monthly 0.5 2025-04-11 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/cc0b4420-0f03-41d5-830b-43579ae005cb/Denis.jpg Veteran's Spectator - Denis Misses Final Lesson; Pickin’ & Grinnin’ in Minneapolis Out with Denis, in with Douglas. What a year this has been. It seems like just last week we were still exploding over Mat Gaetz being nominated for AG. I have done this work under different presidents. One thing that is consistent about the VA is how inconsistent it is, and can it screw up anything, regardless of who occupies the White House. My only regret from McDonough’s tenure is that he departed while a final lesson I had was pending. Oh well, I still got to do some pickin’ and grinnin’, recently with the best VA advocates in the Nation. We still have the same consensus: The VA is still the VA, and that isn’t changing anytime soon. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1744381776772-T3GS4200F0SQI22D40NA/unsplash-image-_68ATDXuBLo.jpg Veteran's Spectator - Denis Misses Final Lesson; Pickin’ & Grinnin’ in Minneapolis Over the next couple of years, the VA kept teasing David with another pull of the slot machine. At least 4 more times, they did a “special review” of his file, but David kept coming up short. I should probably note that David never said “I have Ischemic Heart Disease”. That is a pure creation from the VA. He does, however, have about three or four other heart diagnoses to his name, just not the golden ticket of Ischemic Heart Disease. I started representing David in late 2023. We filed a supplemental that the regional office chewed on for nearly a year. Finally, we got another no dice letter. David had finally turned 75, which means he gets automatically advanced, at least for now, on the Board’s docket. The Rocket Docket. To the Board we go. Finally, we will get some recognition! Fat chance. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1744381836048-JZHEYYJH7U95V8N76AAV/unsplash-image-0fPujIGNjL8.jpg Veteran's Spectator - Denis Misses Final Lesson; Pickin’ & Grinnin’ in Minneapolis - Pickin’ and Grinnin’ As some of you may know, the VA landscape changes, sometimes daily. The VA has a wonderful ability to halfway fix one issue, and totally break another, unrelated issue, all at the same time. So, they may fix that fact that you haven’t been getting letters from them, and then turn around and take 3 months to process mail. Because of that, the best advocates among us gather twice a year to get updated on these changes, talk about new Court cases, remind us of old ones, and play drinking games to see who has the most convoluted denial. (Think ‘we have denied your claim for aid and attendance…Favorable Findings: You require aid and attendance due to your service-connected disabilities’ level of convoluted.) I’m trying to remember who one this time. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/e1f73434-7104-46eb-b24d-96fe01a23950/IMG_20250403_093621+%282%29.jpg Veteran's Spectator - Denis Misses Final Lesson; Pickin’ & Grinnin’ in Minneapolis Wouldn’t you know they even let me sponsor some cinnamon rolls and coffee? Talk about living in high cotton. As I was scarfing down a cinnamon roll, I got another email from a Veteran, frantic on all these VA changes. Their question almost mirrored what a lot of advocates had been asking. What about the layoffs? Will the VA even get anything done? The truth is precisely 0 people who work claims, including the Board, have been terminated. Majority of the changes going on are on the healthcare side, and the few top-level people that were fired were from VA’s Office of General Counsel—you know, the ones who decided to defend the Board denying David’s claim. I wonder if he is still around? In the chatter around the bar, I don’t think anyone said they have seen a slow down in decisions. If anything, there has been a speed up of decisions coming from the Board. As for the Regional Office, it appears to be business as usual there. All in all, the cat is still out of the bag on whether all these changes are overall good/bad. But the burning question for everyone: Is it causing a slow down of my claim? I just don’t think that is the case, and it doesn’t look like it will be. If only we could get the VA to focus on quality over quantity. The vast majority of appeals pending can be avoided by VA making a quality decision in the first place. So, that’s my pickin’ and grinnin’ in Minnesota. I will have to wait until September where will be in Washington, D.C., to talk more shop. Until then, the VA is open for business. https://unitedforvets.us/spectator/christmas2024 monthly 0.5 2025-06-06 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1732993200646-SMHOS2TJB5M5D9FILEZH/Michael+J+Buras.jpg Veteran's Spectator - Hometown Heroes: Featuring Senior Airman Michael J. Buras Its hard to believe how fast this year has been. It seems like just last week, I was writing about Thanksgiving. Christmas always comes as a time of reflection, of what we have accomplished within the past year. It also comes as a time to gather with family, laugh with loved ones, and glare from the window as your family’s version Cousin Eddie pulls in the driveway. For others, its a time to remember loved ones. The Buras family is no exception. This Christmas, I would like to introduce the Hometown Heroes series. Our featured hero comes from my hometown, Senior Airman Michael J. Buras. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/eb80a00c-555d-4a32-a38a-4b95b488edd2/01.png Veteran's Spectator - Hometown Heroes: Featuring Senior Airman Michael J. Buras Michael and I share the same hometown, Fitzgerald, Georgia. Michael was born in July of 1987 in Tifton, Georgia, the nearest civilization from Fitzgerald (30-minute drive). Michael enlisted in the Air Force in April of 2006. Following basic training, he was trained as an Explosive Ordnance Disposal (EOD) technician at Eglin Air Force Base, Florida, from July of 2006 until June of 2007. He was then assigned as an EOD technician with the 99th Civil Engineer Squadron at Nellis Air Force Base, Nevada, from June of 2007 until he was tragically killed in action, in Kandahar, Afghanistan, on September 21, 2010. During his life, Michael deployed 3 times in support of Operation Enduring Freedom in Afghanistan. He is buried at Andersonville National Cemetery in Andersonville, Georgia. Michael was killed in action by a roadside bomb. Michael is a decorated Veteran, evidenced by his pictured ribbons. Just like families come together for Christmas, our whole community came together for Michael and his family. That is where my first real memory and impression of war came from. When I say the whole community stopped what it was doing, I mean it. When Michael returned home, police, state patrol, sheriff’s department, and many others gave Michael a presidential-style escort into town. https://unitedforvets.us/spectator/cljfamilymembers monthly 0.5 2024-12-11 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/ef7ed318-2a26-4534-a888-9c1e0c2b3439/civilian-exposure-camp-lejeune-water-contamination-history.jpg Veteran's Spectator - VA Benefits for Camp Lejeune Family Members? If you ever hear someone tell you they know everything about the VA, you can grab your hat and head for the door. The VA is the second largest federal agency, soon to surpass the size of the DoD. There are literally hundreds of benefit programs available. Programs range from disability compensation, education benefits, to home loans. Are they all limited to Veterans? What about Camp Lejeune family members? One thing I love about this job is the number of niche areas within an already niche area of law. The Camp Lejeune Family Member Program is one of those. One I had no idea about. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/9be042fb-6ed2-4596-aaef-f6b3f4750970/Test.jpg Veteran's Spectator - VA Benefits for Camp Lejeune Family Members? Come hearing day, we drew a female Judge. Which, in my opinion, was helpful in this case. Contrary to what some pretend to believe, there are differences between genders. Having a female Judge, to me, made it easier to understand the issue in this case. Speaking of which, what even was the issue? When Congress passed the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012, it added in a list of conditions the Government would reimburse medical costs for, provided that the person met the basic eligibility requirements. In Sarah’s case, it was undisputed she lived at Camp Lejeune during a time period covered under the law. It was also undisputed that she had a “diagnosis of female infertility”, and had spent hundreds of thousands of dollars out of her own pocket to start a family. She met that basic eligibility criteria. Where her and the VA parted ways was whether or not her infertility (the technical diagnosis was endometriosis) was related to her time at Camp Lejeune. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/93430a37-ad3a-493d-951f-8c2dab4c7502/01.jpg Veteran's Spectator - VA Benefits for Camp Lejeune Family Members? Moments like this always remind me of the “reason” behind what I do. Veterans are among the most selfless group of people you will ever find. This Veteran spent his life fighting for American freedoms, the freedoms you and I enjoy. The freedoms so many others have fought for. Then, he came home and stood alongside his daughter, fighting for her. If that doesn’t tell you about the character of American Veterans, I don’t know what does. Following a very personal and heartfelt hearing, I knew I had my work cut out for me. Like establishing service-connection, I knew I needed a medical opinion to link things together. I had also been doing some research on this program. To the best of my knowledge, there are only a handful of Court decisions that even mention this program. The Judge, admittedly, wasn’t familiar with the program. Time to really get to work. Following the hearing, I got into contact with a doctor I have frequently used to offer medical opinions. He stated he would have no problem supporting the case. Following receipt of his opinion, along with some other materials, I prepared a final package for the Board. As always, those weeks following a hearing, but before a decision, can be nerve racking for a client. The state of unknown, but also knowing you are close to a decision, can be torturous. Thankfully, before the end of the year, Sarah’s appeal was granted by the Board. But, the story doesn’t end there. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/a5bb6ec4-ea21-4cd7-a16c-9d65926970a3/Test.jpg Veteran's Spectator - VA Benefits for Camp Lejeune Family Members? Nearly a month later, the Board vacated its prior decision, finding that it had granted Sarah’s appeal based on bogus evidence, namely, the private medical opinion we had submitted. The Board reasoned that there is no evidence dioxins, a group of highly toxic chemicals, were present at Camp Lejeune. Instead, the Board now says, there was only trichloroethylene (TCE), perchloroethylene (PCE), benzene, and vinyl chloride in the Water at Camp Lejeune. You know, that’s all folks, just those four deadly chemicals. Anyhow, had the Board actually read what our doctor said, they would have been able to understand how dioxins are a bi-product of those four chemicals. In other words, the presence of the chemicals the Board admits were at Camp Lejeune require that there also be present dioxins. Our doctor painstakingly explained this. I guess the Board just missed the boat. Redacted Board Vacatur. https://unitedforvets.us/spectator/thanksgiving2024part2 monthly 0.5 2024-12-06 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/0d8c856a-33d3-4b0a-b292-39b33722a81a/11_d.jpg Veteran's Spectator - The Rest of the Story: Annette’s Side of Things I began pestering Annette just before Thanksgiving for some pictures of her and Monte. When I explained what I was up to, she said she didn’t mind if I used their names. I was delighted. The amount of lives you touch doing this grows rapidly. It always brings me joy to share some of these stories. You heard my side of representing Annette in my Thanksgiving post. Now, Annette gives us “the rest of the story”. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1733354383546-5RF0U7PUCBRXCZKE1PIJ/8+MB.jpg Veteran's Spectator - The Rest of the Story: Annette’s Side of Things https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1733354383056-73VUJSPR4CXUUDNTOWN5/20RMG_0049+%281%29.JPG Veteran's Spectator - The Rest of the Story: Annette’s Side of Things https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1733356747114-WDY0QP7LHVURM1AGW8IB/11_d.JPG Veteran's Spectator - The Rest of the Story: Annette’s Side of Things https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1733354384283-YK507ZT0YZ19ILWFWNNI/41D.jpg Veteran's Spectator - The Rest of the Story: Annette’s Side of Things https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1733354385189-08MW52RJDJUZJRY1RKTM/Z+Danube+2001.JPG Veteran's Spectator - The Rest of the Story: Annette’s Side of Things https://unitedforvets.us/spectator/thanksgiving2024 monthly 0.5 2024-12-06 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/1732471647291-ZR5BX84UGOER28690RB2/Amarillo%2BEnterance Veteran's Spectator - A Deserving Widow’s Thanksgiving Just got Better It’s hard to believe another year has almost came and went. Another year representing the best people America has to offer. For me, I still get that same sense of awe and wonder. The fact that I am allowed to represent so many fine Veterans, widows, and families, across the country, brings me so much joy. It also shows me I have a lot to be thankful for. Each with a unique story. This Thanksgiving, I have been able to help make one wife’s Thanksgiving a little bit easier. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/65e2ab2c-4c5f-4009-b875-e9c58207584d/Amarillo+Mechanices+Circa+1963+Caption.jpg Veteran's Spectator - A Deserving Widow’s Thanksgiving Just got Better Back to the records. So, I saw the radiation exposure the first time I combed through everything. Nothing new there. Now my third time reviewing his file, I noticed something that I had previously dismissed. Monte had contracted Scarlet Fever during his time in the Air Force. It wasn’t that I hadn’t seen this record before. I just hadn’t given it much thought. But, I began to think about the two in tandem. The Scarlet Fever. The radiation exposure. Annette had mentioned to me that Scarlett Fever could be a link, according to her research. If there is one thing I have learned doing this, it’s to never dismiss a possible connection. Even if it seems far fetched. Believe me, I had heard of some far fetched theories that have turned out to be right as rain. So, I decided to screen this case with my go-to doctor. He has written many medical opinions for me, and always does a fabulous job. What I love about this doctor is he has a strong background in toxicology. He has written papers on the various hazards chemicals, radiation, and their effects on the human body. To say this guy knows his stuff doesn’t do him justice. https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/65e38f83-1b84-441c-a0a2-03437564925e/Amarillo+Jet.png Veteran's Spectator - A Deserving Widow’s Thanksgiving Just got Better I have been a part of hundreds of hearings. Very rarely do I get a comment like that. I haven’t mentioned this to you, but Annette was hesitant of my approach to the case. It wasn’t that she didn’t trust me, it’s that she knew the Vietnam angle would be a slam dunk. I kept reminding her that we just couldn’t prove that definitively. Again, it wasn’t that she didn’t trust me, but there is a real sense of helplessness that comes with being a widow in her situation. You took care of the Veteran in his end of life. You know the pain and suffering he went through. You lived with him through it. You know better than anyone what he went through, and will do anything possible to prove his claim. Throughout the hearing, Judge Deichert gave her words of encouragement, at one point saying I was on top of things. https://unitedforvets.us/spectator/waronaod monthly 0.5 2024-11-30 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/8d4d9bb4-3576-4b3e-a95a-e394dade1eb9/Battle+of+Okinawa.jpg Veteran's Spectator - BVA Declares War on Most Severe Veterans So, we move on to where I first began noticing the war. I had been representing a poor Veteran on her death bed. She had just gotten a 100% COPD rating, but we were going after several other things, including Special Monthly Compensation. So, I filed a Board appeal for her. She had been hospitalized around 6 times within the past year. Each time at least a week’s trip. I pointed all that out and told the Board surly she meets the criteria of being “seriously ill”. I guess I was naive. The Board promptly denied advancing her access. I raised a little hell in the form of e-mails to various VA leadership, and thankfully they corrected their error. At the time, I was willing to mark it off as a legitimate oversight. Or, so I thought. Then we move to the case of Mr. Heller. Heller v. McDonough (CAVC Docket No. 24-3054). Mr. Heller filed numerous Motions with the Board pointing out his severe financial situation, and severe suicidal ideations. At one point, he had, sadly, engaged in some self harm. Each time, he got a generic letter from the Board that he just didn’t met the criteria for advancement. Maybe he forgot to send pictures of the scars on his wrists? Mr. Heller filed a Petition for a Writ of Mandamus with the Veteran’s Court, asking the Court order the Board to either grant advancement of his appeal, or order the Board to decide his appeal. https://unitedforvets.us/spectator/whyimstillonamission monthly 0.5 2025-10-31 https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/36117dc2-5d6f-45ad-aaf3-e0535d414ed0/screenshot-2024-11-01-161802-1.png Veteran's Spectator - Why I’m Still on a Mission - Okay—now that you’re up to speed, it’s time to get to work. Denise came to me just after a Supplemental Statement of the Case (SSOC) had been issued. In VA speak, the Board had remanded her claim (by this point, it was obvious to delay on a final ruling). The Board wanted some records that they’d already been told didn’t exist due to the age of the records sought. Back in the day, when the Board remanded a case, the Regional Office would do whatever the Judge directed and make a new decision. If the decision was against the claim, you got a SSOC with a two-sentence statement on why it was still being denied. Then after 30 days, it would go back to the Board for a new decision. The Board could again remand, deny, or grant. I got together an extremely thorough brief. It laid everything out, top to bottom. I want to share my opening statement. “It is, however, regretful that this appeal has strayed so far from its original solemn meaning. That is, an American service-member died as a result of his faithful service to our county. Out of all the facts in this case, that is likely the only undisputed fact. Yet, it is the least discussed fact.” To this day “Judge” Harvey P. Roberts has never acknowledged that. I use the term Judge very loosely. By this time, I had reviewed the entire file—years and years of litigation. I laid out every fact to the Board. This was crystal clear. I had laid out everything. No way they were escaping this. Well, you haven’t met Judge Roberts. See, one of the problems that plagues the VA system is remands. A remand isn’t a final decision. It isn’t a final yes or no. Because of that, you don’t have the right to appeal a remand to the Veteran’s Court. What this means is that that the Board can theoretically (or https://images.squarespace-cdn.com/content/v1/61452927bd54e90c51eb010a/25506a39-5bdd-460d-9403-4bc750235262/457516003_834150118865859_2573212391657388507_n.jpg Veteran's Spectator - Why I’m Still on a Mission Redacted Motion to Recuse Redacted Board Grant This case is certainly one of my most memorable cases. Whenever I go to conferences, I usually have a few folks who want to hear the story. Every time I tell it, it sounds just as unbelievable as when I first got involved in this case. 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Wesley McCauley is an accredited representative, authorized to represent claimants before the Department of Veterans’ Affairs, which includes Board of Veterans’ Appeals. He is also admitted to the United States Court of Appeals for Veterans Claims. Only a written fee agreement constitutes representation. No content herein should be used as legal advice to your specific case. Always seek qualified and accredited representation. 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