Thirteen years, one month and 19 days ago, I filed a request for an Independent Living Program (ILP) grant. That was March 20, 2011. A very close friend and fellow Vietnam Veteran had fought long and hard to win his own greenhouse. Bruce Almighty even traveled to Washington DC to testify before Congress on VA’s seemingly impossible requirements to obtain anything via the ILP. It was the ultimate Catch 22.
VA’s VR&E program under 38 USC ยง3120 exists. VA will concede that much. Yes. We have an ILP program. Yes, you more than qualify. But no, you may not have a greenhouse. If you wish, we can provide you with sock puller-uppers, grabber devices for that hard-to-reach can on the toppermost shelf or grab bars next to your water closet for those tense, unbearable moments when your hemorrhoids are overwhelmingly painful. A greenhouse, on the other hand, is not something that would help you attain independence in everyday living. Or so they said to me at several different stages on my way up the ladder.
In 1997, VA’s OGC issued a Precedent holding (VAOPOGCPREC 34-97) that was forced to concede that the ILP program actually had, for the previous sixteen years, been a vehicle used exclusively to award metal detectors, riding lawmowers, fishing gear, fishing boats and all manner of avocational accouterments to the most severely disabled Veterans. The program was awarded to 2,700 lucky souls per year. The competition was fierce and some applied year after year in hopes of qualifying.
That would be me when I heard about Bruce’s long four-year fight. I was a year out of the Seattle VAMC and still hopelessly addicted to Dilaudid. I didn’t fancy myself framing more houses and couldn’t envisage myself doing much more than writing this blog and attempting a convincing imitation of a mushroom. Gardening was a passion so I put in for a really nice computer to create asknod articles… and a greenhouse. The computer only took a year to win- but it was still a fight.
I finally won the greenhouse on appeal in September 2015 but that was just the start of my battle. The VR&E hierarchy began by asking if they even had to comply with some ignorant jackwad VLJ back in DC who didn’t seem to understand that the ILP program had metamorphosed from avocational pursuits to HISA ones. That’s right. Somewhere between 1981 and 2001, the VR&E hierarchy decided there would be no more toys and such distributed to the Veteran welfare population. This was going to become a medical necessity program.
Riding lawnmowers were suddenly right out because they were transportation devices that could be used to drive down to the VFW to get drunk and avoid a DWI. Fishing gear couldn’t qualify because it didn’t make a Vet “independent in his community”. Huh? I finally had to point out that the OGC actually mentioned computers as an example of an ILP entitlement. VA mulled that over, sent it back to DC and asked “Do we really have to comply? This is pure bullshit.” DirVBAVREVACO (Director, VR&E Services)ย and OGC all agreed that’s what it said. Bingo. Instant $5 K worth of computer and Adobe 9.5 Pro and a shit ton of other goodies. Believe me, this did not sit well with Hizzonor the VRE Emperor. He was one of those 1976 to 1990 and then some Govt. Service to top off the tank at 20 and the golden parachute. His motto was “They serve, too, (and deserve combat medals) who only stand and wait. Yep. A cannon cocker for life in Germany.
I got the computer in 2012 long before the BVA fight even began for the greenhouse and boy howdy was it a daisy. That Dell had everything but toaster and electric ass scratcher attachments. It came loaded down with tons ofย really cool software. VA even paid some ol’ boy to come over and teach me what that Adobe 9.5 could do. Between that and my copier/scanner/ printer, I can damn near print money.ย I wrote my book on it. I wrote all about ILP and learned more and more. And then one day, it went to heaven in 2018.
After the big win, the Seattle VA VR&E Poohbahs showed up on July 13, 2016 and tut-tutted around the property. The Head honcho told me I didn’t ‘look’ very disabled and said he was going to have to reassess this whole thing. They did try to strongarm me into signing off on a VAF 28-8772 15 X 20 foot structure with a 60 watt lightbulb overhead and one (1) 120v outlet. No water faucet was contemplated because-hey-your oldย 6X 8 greenhouse doesn’t have one so all we have to do is give you a little more space. Right? I’d already declined to sign a blank 8873 two months earlier so I was amusedย they thought this was going to be some kind of Come to Jesus meeting or aย Monopoly Do not Pass GO! Go directly to Jail card. Man, I’m 73 and 20 year protected. Gilead Industries had just cured me of Hepatitis C and I had a Get Out of Jail Card in my wallet. What are they smoking? I want some.
When I complained and said I had my eye on a 20×28 version with hydroponics from Farmtekโข, they all had a good chuckle and the Big Banana, Mr. David Boyd allowed as it would be a cold day in hell before I ever saw a greenhouse that big. David retired somewhere in between the SOC in 2019 and 2022 so he won’t get to comment on today’s weather report.
So, here we are in 2024 and Hell seems to have a distinctly brisk chill in the air today. Some Vets think this is extremely greedy of me to do this. Could I afford it out of pocket? Of course but why should I? I am one of those lucky 2,700 souls who qualified. If they’re handing out free greenhouses, I’d be a fool not to throw my hat in the ring. I’m not stealing an entitlement from another deserving Vet as I was accused of at my first hearing in July ’23. There is no monetary limit to an ILP award. Congress appropriates the money to award to the Vets. If it doesn’t get used, I’m sure they appropriate it right back at VA for more important things like bonuses and Christmas office parties.
What really intrigues me is that those 2,700 (or even 2,750 now) Veterans chasing this chimera have now sunk to a lowly 526 souls last year. When Vets discovered there weren’t going to be any more ILPย freebees beyond grab bars, the enthusiasm kinda died down. And this, fellow Veterans, is why I fought for it. Now you and everyone of us who have borne the battle can file a request for a fishing boat or a metal detector … or… a greenhouse and point to me as an example of why you, Johnny Vet, are equally entitled to this largesse. VR&E bozos can’t very well explain this away as some entitlement that exists in your fevered imagination.
What I cannot comprehend, and perhaps never will, is how VA could fight me and incur ungodly litigation costs for thirteen years and change trying to defend the indefensible. Two BVA decisions. Three BVA hearings. Three Extraordinary Writs of Mandamus and now… defeat. I’d guesstimate, at a conservative minimum, that they’ve squandered well over one million dollars attempting to put the VR&E Pandora back in her box to no avail.ย It set me back a buck fifty for filing fees up at the CAVC. Well, maybe more for the two round trips back to DC and a hotel room to argue it in person. But then I get to motor on over to ANC and say hi to Dad or Uber down to the wall to say hi to Bob, Chuck, Fred, and Park. That’s chump change compared to the expected $200 K + they’re going to spend complying with the Board.ย It also sets a new world record in the Delay, Deny until you Die competition for how long it takes to win a VR&E claim. Bruce Almighty held the bragging rights to that up until today. Eat your heart out, bubba.
Check it out. Here’s your ticket to a VR&E greenhouse. Free. You will have to obtain an IMO explaining why you need one though. Call Bethanie over at Valor4Vet.com
So, at some time in the far distant future, some ol’ boy wetting his 6 lb. test with a VR&E-awarded Garcia spinning rod with a Mitchell 500 reel and a Mepps #2 will thank me for not pissing on the VR&E fire and calling in the dogs when he ties on a smallmouth bass. I don’t care if he doesn’t recall my name. I’m not a parade kind of guy anyway. I just don’t cotton to that VA bait and switch shit. Our squadron motto in 1970 up north in the country that rhymed with Mouse was unequivocal-Win or Die. I see no reason to commence doing otherwise this late in my life.
And that’s all I’m gonna say about that.