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.

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 in the fire, and the VA responded to one of mine, just in time for Christmas! Talk about a Christmas miracle.

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.

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!

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.

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!

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.

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.

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.

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.

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?

If you ever hear someone tell you they know everything about the VA, you can safely 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.

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”.

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. Each with a unique story. This Thanksgiving, I have been able to help make one wife’s Thanksgiving a little bit easier.

The best quality decision from the VA comes from the Board of Veterans’ Appeals. The downside? The wait time usually spans multiple years. To fix this, Congress allowed certain Veterans to ask for “advancement”, getting their case placed at the top of the line. Today, I will discuss the Board’s recent war on the bankrupt, dying, and seriously ill Veterans.