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.
Flipping the Lights On: Court Orders VA to Address the “Delay” Class Action
Long time no speak. Sorry, I’ve been busier than a church fan in the dog days of summer. I recently got back from our Spring Conference in sunny San Diego. Wouldn’t you know, they even brought in the VA Inspector General, Cheryl Mason—armed with agents and the whole 9—to talk to us. I got the chance to talk with her a little one on one. Boy, she has her hands full. Keep your eye on those OIG reports. Anyways, the wait for justice just got a little shorter (and the pressure on the VA just got a lot higher). Let me explain.
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!”
2025: Every Which Way but Loose; Happy Birthday America
Secretary Collins spent his year 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.
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 in the fire, and the VA responded to one of mine, just in time for Christmas! Talk about a Christmas miracle.
What “Do a Little More” Really Means
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.
"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!
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.
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. 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.
Washington Post: Veterans are Suckers and Losers
No, it isn’t a quote from President Trump, like some would have you believe. 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.
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.
VLJ Lauren Cryan: It’s just leukemia, so what?
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.
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.
Looking for something specific?
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Accreditation
- Nov 14, 2025 H.R. 3132 – A Bill That Harms Veterans Nov 14, 2025
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America250
- Jan 3, 2026 2025: Every Which Way but Loose; Happy Birthday America Jan 3, 2026
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Artificial Intelligence
- Mar 13, 2026 The Fungus Among Us: Why VA is Using AI to Detect Fraud Mar 13, 2026
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Board of Veterans' Appeals
- Oct 9, 2026 The Chair Was Already Empty Oct 9, 2026
- Sep 25, 2026 Now the Lawyers Inside the Board Are Hollering Uncle Sep 25, 2026
- Sep 18, 2026 What Line? What the Board’s Own Data Says About Docket Order Sep 18, 2026
- Aug 21, 2026 Going Dark Like the Weather Underground Aug 21, 2026
- Feb 6, 2026 Lindsey’s Last Laugh; 2026 Good Start for Veterans Feb 6, 2026
- Dec 12, 2025 My Christmas Pen Pal Dec 12, 2025
- Nov 21, 2025 Promise of the PACT Act Fades; Raked Over the Coals Nov 21, 2025
- Aug 22, 2025 DOGE Alert: My $1,000 appeal Cost the Government $15,000 Aug 22, 2025
- Jul 3, 2025 Beyond the BBQ: Service and Success This Independence Day Jul 3, 2025
- Apr 18, 2025 Life in the Fast Lane Apr 18, 2025
- Dec 11, 2024 VA Benefits for Camp Lejeune Family Members? Dec 11, 2024
- Dec 4, 2024 The Rest of the Story: Annette’s Side of Things Dec 4, 2024
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CAVC
- Oct 16, 2026 Duty to Maximize Avoidance: Mr. Hoffman and VA’s Intent to File Letter Oct 16, 2026
- Sep 18, 2026 What Line? What the Board’s Own Data Says About Docket Order Sep 18, 2026
- Aug 21, 2026 Going Dark Like the Weather Underground Aug 21, 2026
- Mar 17, 2026 Remembering Judge Greenberg Mar 17, 2026
- Oct 22, 2025 Court Denies VA’s Request to Stay Pending Cases Oct 22, 2025
- Jun 13, 2025 Out of the Trenches, Into the Sea Jun 13, 2025
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Camp Lejeune Family Member Program
- Dec 11, 2024 VA Benefits for Camp Lejeune Family Members? Dec 11, 2024
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Case Law
- Oct 16, 2026 Duty to Maximize Avoidance: Mr. Hoffman and VA’s Intent to File Letter Oct 16, 2026
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Claims Sharks
- Mar 13, 2026 The Fungus Among Us: Why VA is Using AI to Detect Fraud Mar 13, 2026
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Contract Exams
- Sep 3, 2026 VA Perfects Self-Licking Ice Cream Cone Sep 3, 2026
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DIC
- Dec 4, 2024 The Rest of the Story: Annette’s Side of Things Dec 4, 2024
- Nov 27, 2024 A Deserving Widow’s Thanksgiving Just got Better Nov 27, 2024
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Federal Register
- Dec 12, 2025 My Christmas Pen Pal Dec 12, 2025
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Korean War
- Nov 26, 2025 What “Do a Little More” Really Means Nov 26, 2025
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Legislation
- Oct 2, 2026 Nobody Gets Left Behind. Oct 2, 2026
- Sep 25, 2026 Now the Lawyers Inside the Board Are Hollering Uncle Sep 25, 2026
- Nov 14, 2025 H.R. 3132 – A Bill That Harms Veterans Nov 14, 2025
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SMC
- Feb 6, 2026 Lindsey’s Last Laugh; 2026 Good Start for Veterans Feb 6, 2026
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Survivor's Benefits
- Oct 31, 2025 "Stall, Deny and Hope They Die": The VA's Unwritten Policy Oct 31, 2025
- Dec 4, 2024 The Rest of the Story: Annette’s Side of Things Dec 4, 2024
- Nov 27, 2024 A Deserving Widow’s Thanksgiving Just got Better Nov 27, 2024
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VA Accountability
- Oct 16, 2026 Duty to Maximize Avoidance: Mr. Hoffman and VA’s Intent to File Letter Oct 16, 2026
- Oct 9, 2026 The Chair Was Already Empty Oct 9, 2026
- Oct 2, 2026 Nobody Gets Left Behind. Oct 2, 2026
- Sep 25, 2026 Now the Lawyers Inside the Board Are Hollering Uncle Sep 25, 2026
- Sep 18, 2026 What Line? What the Board’s Own Data Says About Docket Order Sep 18, 2026
- Sep 3, 2026 VA Perfects Self-Licking Ice Cream Cone Sep 3, 2026
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VA Backlog
- Oct 9, 2026 The Chair Was Already Empty Oct 9, 2026
- Aug 21, 2026 Going Dark Like the Weather Underground Aug 21, 2026
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VA Idiocracy
- Oct 2, 2026 Nobody Gets Left Behind. Oct 2, 2026
- Aug 21, 2026 Going Dark Like the Weather Underground Aug 21, 2026
- Jan 3, 2026 2025: Every Which Way but Loose; Happy Birthday America Jan 3, 2026
- Dec 19, 2025 VA’s Sunshine Allergy Worsens; What Breast Cancer Memo? Dec 19, 2025
- Nov 21, 2025 Promise of the PACT Act Fades; Raked Over the Coals Nov 21, 2025
- Aug 22, 2025 DOGE Alert: My $1,000 appeal Cost the Government $15,000 Aug 22, 2025
- Nov 23, 2024 BVA Declares War on Most Severe Veterans Nov 23, 2024
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Victories
- Feb 6, 2026 Lindsey’s Last Laugh; 2026 Good Start for Veterans Feb 6, 2026
- Nov 26, 2025 What “Do a Little More” Really Means Nov 26, 2025
- Oct 31, 2025 "Stall, Deny and Hope They Die": The VA's Unwritten Policy Oct 31, 2025
- Jul 3, 2025 Beyond the BBQ: Service and Success This Independence Day Jul 3, 2025
- Dec 11, 2024 VA Benefits for Camp Lejeune Family Members? Dec 11, 2024
- Dec 4, 2024 The Rest of the Story: Annette’s Side of Things Dec 4, 2024
- Nov 27, 2024 A Deserving Widow’s Thanksgiving Just got Better Nov 27, 2024
- Nov 23, 2024 Why I’m Still on a Mission Nov 23, 2024


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.