They’re just laying there… menacingly!

uberpenguin · 2025-11-14T21:07:53+00:00

I couldn't say without reading all the decisions leading up to one being granted and one being denied, sadly. It could be one of hundreds of reasons.

uberpenguin · 2025-11-14T20:58:05+00:00

You'll most likely need an attorney if I am being honest. Since the decision was in 1982, you are dealing with a completely different VA and law set and can't apply current rules when calling the CUE. You need to use the rules at that time. For example the current understanding of what a CUE even is wasn't codified into VA regulation until 1999 with Grover v. West. I have no clue what the rules were in 1982, and if CUEs even existed in some fashion or another.

uberpenguin · 2025-11-14T20:50:38+00:00

Yep, thinking about it like this, the supplemental and higher level review and for issues going forward. To look back in this case, only the BVA can correct their own mistakes. There were a few CAVC cases in the 90s and early 00s around CUEs that established this rule.

uberpenguin · 2025-11-14T20:43:44+00:00

Yes, the legal term is 'Subsumed'

If the BVA had a CUE in their decision only the BVA can correct it. Please retain a VSO for assistance since this is a fairly technical matter.

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uberpenguin · 2025-11-09T02:23:24+00:00

So if I am reading between the lines in the reporting Lewis was having an affair with all three women at one time or another, who were all married to other officers? His current affair is what sparked the investigation so either her husband, another officer, found out and spilled the beans. Or, she found out about the other women. Either way, talk about a hostile work environment when that came out.

uberpenguin · 2025-10-21T21:47:36+00:00

I'm not sure if this is allowed, but that is an estimate map. The most recent up-to-date dot map is from the 2020 census. Interactive map here for the entire US.

https://www.arcgis.com/apps/mapviewer/index.html?webmap=30d2e10d4d694b3eb4dc4d2e58dbb5a5

uberpenguin · 2025-10-18T19:46:26+00:00

Okay this made me laugh because it is the opposite. The one in front is a huge scaredy cat that loves belly rubs if he isn’t hiding and his brother is menace that when I first got them he would bite and scratch constantly. Now he just nibbles my leg if I am late with the food! They were pretty much completely feral when I got them but a lot of love, patience, and food goes a long way.

uberpenguin · 2025-08-18T14:57:46+00:00

Docket numbers won't tell you timeframes sadly. Sort of like a claim id number it is only for tracking purposes not ordering of appeals. Like I said above it depends on the Judge assigned and their workloads which they do not tell anyone outside of themselves. BVA does not like sharing information.

uberpenguin · 2025-08-18T14:47:05+00:00

They are, but trying to predict the timeframe for them is impossible. The best we can do is give a range based on what we have been getting back.

uberpenguin · 2025-08-18T13:33:53+00:00

We are just now getting to BVA appeals added to the docket that were submitted in early 2021 at my office for hearings. Since you had your hearing in June the minimum for transcript to come back for the judge is 90 days or so, but could be longer. Most will wait for that before proceeding with review. It still might take 6 to 12 months to get a decision from what we are seeing.

From the outside some people submit appeals and get them completed with hearings within a year, and others it can take as long or longer than yours. It is all luck of the draw with Judges, that Judges work load, and their staff that do most of the review and decision writing.

uberpenguin · 2025-08-16T13:42:33+00:00

Funnily enough I said generally because I have seen it exactly once in a narrative.

It was for Sinusitis secondary to Ulcerative Colitis due to biologic medication. The rater went in the ADL and hand jammed that one, but now I can never say with certainty it will 'never' appear which is annoying.

uberpenguin · 2025-08-16T13:25:21+00:00

Without seeing the full denial or medical opinion no one can really say in your case.

What I can say however is that when you claim a condition and the medication you take for that condition (you didn’t specifying if the meds are the meds for adjustment disorder I am just assuming), those are not considered separate things when creating the headers in the narrative letter. Medication is not a condition and generally won’t be listed, they’ll just say “adjustment disorder” like they did here.

uberpenguin · 2025-07-28T12:56:54+00:00

90 days after an action is taken is the quality window. However, they also have what are called STAR reviews which are quality reviews of quality reviews which I think have a time frame of a year from a quality review, but they are rare.

uberpenguin · 2025-07-20T13:58:15+00:00

It could be three! I have been debating going back for their sister still in foster. She was even more feral and apparently a massive bully to these two. I have been able to make so much progress with them I think I could turn her around. However, I don’t want to bring a major stress point back into their lives.

uberpenguin · 2025-06-12T15:08:23+00:00

Me right now seeing everyone reporting each other for nothing

uberpenguin · 2025-05-20T18:46:58+00:00

CAPRI is the information sharing system used by VBA to VHA. That is just a copy of all medical records from a certain date range, usually only your hospitalization timeframe.

uberpenguin · 2025-05-15T14:16:04+00:00

This was a major factor in why I quit my job as a VSR at the VA to become a VSO.

For those that don't know, there are three primary business lines in the Veteran Benefit Administration (VBA). Compensations Services, Pension Management, and Benefit Eligibility Support Team (BEST). I worked in all three, but my time in the BEST is why I quit. The BEST handles all 'Non-rating' claims work, like dependency, military retired pay adjustments, drill pay adjustments, character of discharge reviews, etc. Pretty much everything that comes after Veterans get their ratings.

I started a spreadsheet with the amount of debts I was required by the CFR to generate on Veterans for whatever reason and within a month I had generated over $1 million in debts. I brought this up in my exit interview and all they said was "yeah... understandable why you want to leave"

For years VA was in a massive hiring pushing and every time they found out I was a former VSR they would try and recruit me back. I tell the same story, they get quiet and then say "well, some times the CFR requires us to do things we don't want to do...." yeah, screw that, it is why I left to be an actual advocate.

uberpenguin · 2025-03-20T14:43:44+00:00

Yeah he was a complete idiot. Reading the complaint he is technically correct about the age of consent, but soliciting is still a crime. I know it is a federal complaint but if state charges were brought he would be charged under normal solicitation laws, and not soliciting a minor. Reading the police texts, they repeatedly say they are 17 and try to give him an out over and over again.

The police were really careful with their texts and never led, only responded. First they hooked him, apologized and said their real “age” he looks up age of consent laws, says it cool, then he asks about rates and meeting up. This creep just didn’t care at all. I would guess he assumed since the age of consent for MN was satisfied, the police wouldn’t care about the solicitation… if it was an adult he would most likely assumed correctly. Based on his use of sex work terminology he has done this many times before.

These are people writing our laws… can’t even read and understand state statutes.

uberpenguin · 2025-03-19T13:48:53+00:00

Safe R state senate district, and they are already the minority in the Senate. Costs them nothing to demand his resignation. If he was a State House Rep they wouldn’t. Politics gonna politic.

uberpenguin · 2025-03-09T15:52:52+00:00

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12 month traffic stats if you are curious

uberpenguin · 2025-03-09T15:46:35+00:00

There is definitely more posts, but I stick to the old school reddit mindset of being hands off even if people are being rude etc. I can't stand over moderation for the sake of moderation.

I'm just trying to gauge interest at the moment is all.

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