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.
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.
Going Dark Like the Weather Underground
I bet y’all thought I had done gone dark on you. Like the Weather Underground. Forget seen but not heard, not seen nor heard. Truth is, I have been busier than a one-legged man in an ass kicking contest. VA has had us spread thinner than a stick of butter on a hot summer day. I have not wrote in a while because of all that has been going on at VA. The new name of the game is fast, not right, just fast. We have gotten 22 BVA decisions this month. We have been getting about 18 to 20 supplemental claim or higher-level review decisions a week on top of that. I had to file two suits against ole Doug Collins this month, with more incoming, wink wink.
While Veterans Wait, VA Spends Millions Monitoring the Press
Tsk, tsk. The VA fought me hard on this one. I have all sorts of little birdies that send me things the VA puts out. Hey, Washington is known for leaks. At least this leak helps Veterans know what the VA is spending their dough on. Hint, it ain’t deciding claims correctly. So, here it is, two or three months ago, someone sent me a News Media Summary that the VA puts on on the daily. Check it out for yourself.
Busted: Veteran’s “Guardian” Scheme Ruled Illegal by Federal Court
My, my, my. What a tangled web we weave when first we practice to deceive. I have wrote a few articles, here and there about the importance of accreditation. It’s like hiring an undertaker with no embalming license. It sounds gross and creepy. A federal court decision dropped the hammer on Veterans Guardian, with Chief District Judge Catherine C. Eagles ruling flatly that the company’s “we’re just consultants” routine was an illegal run around of the law. You want to ensure the person who is helping with your VA claim has undergone basic character and fitness assessments and can pass a basic test of competency. It isn’t some wild idea. We do it for doctors, accountants, lawyers, engineers, the list goes on. You want to ensure the person doing a fairly important job (cutting you open, designing a bridge) has basic skillsets to carry out those tasks.
Still Standing, Thanks to the Few; 250 Years Paid in Full
As I write this, I just got back from voting. I always love going in-person. Not because I enjoy the line. Because it is nice to see everyone, blue collar, white collar, middle class, wealthy, all doing the same thing, and every person’s vote matters the same. If that ain’t American, I don’t know what is. Pretty cool when you think about it. Well, here we are, 250 years later. Memorial Day Weekend. This is actually a pretty old day of recognition. Established shortly after the civil war, it began as “Decoration Day,” where the graves of soldiers would be decorated. Over 150 years since the first Decoration Day,” we’re still standing strong.
VA’s PRC-77 On Overload: When Volume Drowns Out the Signal
Anyone who has ever humped a PRC-77 through the bush knows the sound of a radio on the fritz. When you’re redlining that dial, trying to push the signal through heavy canopy, the message gets garbled. "Broken and unreadable." You get static. Right now, that is how VA is operating its claims processing, like a radio with the volume cranked to ten and the squelch turned off. They are so focused on "output" and "clearing the net" that the actual quality of the transmission, the decisions affecting Veteran’s lives, is falling into total distortion.
The Risks of 'YouTube Lawyering'
Pull up a chair and let’s talk for a minute. The gnats are starting to swarm down here in Georgia, but not yet swarming as bad as the nonsense coming out of the “advice” circles on the internet. There’s a saying we use: better to keep your mouth shut and appear stupid than to open it and remove all doubt. Lately, I’ve been seeing some folks—bless their hearts—getting all worked up over a video floating around about "major negative changes" to secondary service connection.
Contract Examiners Can’t Access Your C-File
The math here isn’t complicated, but it is devastating. We have a system where a bureaucrat first cherry-picks your file, followed by a "bookmarker" with a GED who further strips away the evidence, leaving the medical examiner flying blind with a fraction of the truth. It is a calculated game of telephone where the Veteran’s voice—and their medical history—gets lost in translation. Eric didn’t just lose a claim; he nearly lost his life to a bureaucracy that prefers "tabbed" convenience over clinical accuracy. As long as the VA continues to gatekeep records from the very doctors hired to review them, the process remains a farce. I’m not here to make friends with the bookmarkers or the bureaucrats; I’m here to flip the lights on in their ivory tower. The "nameless and faceless" might not like my methods, but until every Veteran gets an exam based on the whole truth rather than a curated snippet, I’m not putting this cigar out.
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.
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.
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!”
United Veteran’s Disability Files Lawsuit Challenging Ingram Rule
The rule is simple, it gives Veterans a choice: you can take medication and get treatment that helps you, or you can keep your benefits, but you can’t keep both. That is what this interim rule does; this is what it advocates for. Secretary Collins has often noted that a big reason the VA is broken is no one ever does anything. The VA makes a committee to “study” an issue, and no action ever comes from it, or the VA will “closely monitor” a situation, only to never do anything.
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.
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 just 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.
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.
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.
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.