5 Responses to ASKNOD POLL

1. WGM says:

   December 22, 2011 at 06:36

   Dear Mr. NOD,
   I like your great work here and could not decide on a single vote; so I vote for all three. The balance of humor and va cases is brilliant as is.
   I can’t thank you enough for making this knowledge available, and how this site helped me win a hepc claim.
   Godspeed and Happy Trails.

   Reply
   • WGM says:

     December 22, 2011 at 09:12

     Honorable Mr. NOD,
     In my humble opinion this site should be converted to a Book and Published.
     Your good work here pleases God and makes Him smile.

     Reply
2. SquidlyOne says:

   December 21, 2011 at 20:02

   I have a difficult time voting. I like it just the way it is, I guess i have to invoke the old addage: “If it ain’t broke why fix it?”

   I think the classic dilemna to face that is being addressed rather well here is that the Hep C bug wasn’t discovered until 1989 and no test was available until 1992. Most of us vets seem to have been infected between 1965 and 1985. The VA hopes and throws pennies into the wishing well that we won’t get tested so we don’t get treated or file a claim for service connection. Every time I go into the VA I am told that I should get an HIV test. My standard reply is that I already had one, but tell me? How often should a Vet get an HIV test? I get the blank stare every time.

   There are 50K HIV cases in the VA healthcare system. There are 300K cases of chronic Hepatitis C yet there is no outreach program to get Vets tested for HCV. I will take a stab at random logic and say that it may very well be possible that most of those vets were tested because they were being treated for AO exposure. The Congressional hearing back in 2000 told the VA not to test because then they have to treat those vets and that would plow the road to service connection. If you go to the CDC website you will find that they tossed HCV right into the HIV bucket.

   There is no enforcement at the VARO level. Only when the OIG sees the overall statisitcs fall from the sky do they they even bother to report anything. But then when does the OIG even look at VARO performance? There are no sanctions or summary judgements for the vet if the VARO screws the pooch. The VARO may possibly get a reversal at the BVA or better yet a remand so they can run around and dribble the ball some more. Our congressional reps are supposed to analyze their constituent caseload (its in their job description) and if they find a flaw, get the process fixed. But it seems that getting funding for the VA is like trying to pull a steak bone from my dog’s mouth!

   Reply
3. Robert G says:

   December 21, 2011 at 09:32

   Knowledge is power!! We are in an adversarial situation with the VA at every step. We have the burden of proof as any plaintiff would. I would suggest a step by step analysis of a “win” case for HCV. This is how lawyers are taught in school “case study method” or precedent. A templete or fill in the blanks with individual issues and evidence. Of course this would be at the RO level without paid lawyer. An example would be proving “negligence” here in CA. There are 4 elements that MUST be met:
   1 Duty
   2 Breach of Duty
   3 Causation
   4 Damages
   A simple template to gather your evidence and fill in the blanks. The VA has their “template” for deny, deny, deny.
   The information on this site has taught me more than 1 year in para-legal college. I hate lawyers but they are a necessary evil. Recall the first recorded event of “practicing law” via your bible (Genesis 3:1-6). When my turn comes for arguing CUE before the traveling judge I will be prepared. No more one legged(VSO) man going to the ass kicking contest for me! Let’s fight on a level playing field. All victories and defeats to be posted here for discussion and analysis.
   One of us is not smarter than all of us……

   Reply
4. Loyal Blair says:

   December 21, 2011 at 06:06

   While I love your humor, as crazy as this may seem I like it combined with CAVC decision discussions rather than “stand alone” humor. Since BVA decisions are non precedential, a discussion of them would appear to do little for the reader except maybe to suggest, “Is there anything I can do to avoid THAT judge?”
   I would add that CAVC/Federal court decision discussions, as related to the effective date for benefits would be especially helpful.
   Finally, some sort of a checklist for effective dates, as related to court cases may be especially helpful.
   Hypothetical question example:
   Lets say you are NOT a Nehmer Vet, so you dont qualify for the special Nehmer effective date rules. Lets further say that you are not sure whether 38 CFR 3.156C applies, since you have no idea how much of your file the VA shredded. Further, you did not apply within 12 months of discharge, so you dont get in on that potential EED. What other potential arguments are there for an EED, upon appeal?
   Hypothetical answer: There appear to be 8 categories to win an EED: ( I gleaned this information mostly from here http://www.purpleheart.org/ServiceProgram/Training2011/W-2%20Common%20VA%20Effective%20Date%20ErrorsL.pdf:
   1) Nehmer
   2) 3.156C
   3) Informal/inferred claims for increase
   4) Within one year of discharge
   5) Pending claims
   6) Failure of the VA to notify claimant of time limit of submission
   7) When disability worsens within a year; and (8)
   Liberalizing regulation changes

   Reply

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