Duty to Maximize Avoidance: Mr. Hoffman and VA’s Intent to File Letter
A Veteran filed an intent to file, then did exactly what VA’s letter told him to do, and VA charged him five months of back pay for it. In Hoffman v. Collins the Court struck down the regulation that allowed it. Judge Jaquith’s concurrence goes after the thing that caused it: an acknowledgment letter that is, in his word, misleading.
The Chair Was Already Empty
Ken Arnold is out at the Board of Veterans’ Appeals. He leaves behind 141,729 pending appeals, 98.3% of them passed over, a workforce that told its own union it has no confidence in leadership, and a Chairman’s chair that has not held a Senate-confirmed occupant in twenty-one months. A new nameplate on the door does not move anybody up in line.
Nobody Gets Left Behind.
Thirty-three years after the Battle of Mogadishu, the men who drove back into that city for their own are still waiting on their government. Somalia counts for the PACT Act, the Gulf War presumption stops at the beach, and there may be a cap on caregiver benefits nobody has written down. Plus the names of all eighteen.
Now the Lawyers Inside the Board Are Hollering Uncle
The Board’s own attorneys just asked Congress to send in the GAO. Their union says the quota went from 156 decisions a year to 182, and in their survey 97% said errors are more likely and 64% are reviewing less evidence to keep pace. Meanwhile the Senate is interviewing a new Board Chairman, the first in twenty months. My FOIA data showed the line isn’t a line. Now the people at the front of it say why.
What Line? What the Board’s Own Data Says About Docket Order
Federal law says the Board of Veterans’ Appeals must decide appeals in docket order. So, I asked the Board for its own records. Three hundred eighty thousand appeals later, the line isn’t a line. Older appeals sit while newer ones get decided, and almost every Veteran waiting has already been passed over. Here’s what the Board’s own data shows, and what it means for Cartwright v. Collins.
VA Perfects Self-Licking Ice Cream Cone
A caregiver called me for exam prep. I had to tell her there is no such thing. By the time her husband walks into that room, the record was frozen weeks ago. Then a FOIA response showed me VA cannot keep its own story straight about what contract examiners ever receive. Insufficient exam, appeal, new exam, new invoice. The cone licks itself.
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A Veteran filed an intent to file, then did exactly what VA’s letter told him to do, and VA charged him five months of back pay for it. In Hoffman v. Collins the Court struck down the regulation that allowed it. Judge Jaquith’s concurrence goes after the thing that caused it: an acknowledgment letter that is, in his word, misleading.