Independent Living Program–NOT.


After doing extensive excavation on the subject, here’s what I know. The VA instituted a program for extremely disabled Vets- those who were not going to do a Lazarus imitation and rise from their wheelchairs or throw off their crutches.  This was promulgated by Congress in 1980 during the reign of Carter the Last. It ostensibly was designed to encompass those of us who desired more than TV for entertainment while we wait for the meat wagon.

This from 1998 proves VA used to do this:

http://www.va.gov/vetapp98/files2/9817237.txt

In search of some history I went back as far as 1992 looking for instances of awards for this. I found one instance where a Vet had received computer peripherals and his spouse (also a Vet) was in receipt of a complete laptop with all the bells and whistles. I found evidence of a Vet receiving a greenhouse (heated) and other accouterments. And then… nothing. All requests after this phase (2006) were for naught. The BVA is the source of much valuable information on this, but it appears they have taken a new tack with the financial headwinds they are now experiencing. No more is the snowplow/rototiller tractor the normal grant. No more computers seem to be forthcoming. In fact, VA’s munificence, in spite of their protestations to the contrary, is in extremely short supply.

By way of history, I found this morsel:

In VA Precedent Opinion 34-97, VA's General 
Counsel essentially found that VA has the 
authority to provide services and assistance 
of a recreational nature (in this case, a 
computer) as a component of an eligible 
veteran's program of independent living 
services; and that VA has the authority, 
and responsibility, to provide all services 
and assistance deemed necessary on the facts 
of the particular case to enable an eligible 
veteran participating in such a program to live 
and function independently in his or her family 
and community without, or with a reduced level 
of, the services of others.  This includes the 
authority to approve, when appropriate, 
services and assistance that are in whole or 
part recreational in character when the 
services are found to be needed to enable or 
enhance the veteran's ability to engage in 
family and community activities integral to the 
veteran's achieving his/her independent living 
program goals. See VAOGCPREC 34-97

And voila- VAOPGCPREC 34-97. Actually, you’ll have to scroll down to 34-97 as the link gave me all of them. What is of interest is that the VA started chipping away at this largesse as quickly as Congress authorized it. Funny how that works. All that money available for bonuses to the VLJs for not meeting their goal of cleaning off the desk by December of their backlog, but a paucity of funds for this noble endeavour. Okay, I give up. Anyone from VA who visits here feel like inveighing?

http://www.va.gov/ogc/opinions/1997precedentopinions.asp

In 2001- Va went through a marked retrenchment. VAOPGCPREC  6-2001 was issued and it put the chill on what we got henceforth:

The Board notes that VA has wide discretion in 
the types of equipment and services to be 
approved.  However, as noted by VA General 
Counsel, in making a determination for 
approving such service "The operative word...
is 'necessary', that is the services provided 
must be vital to achieving the [independent 
living] goal, not merely desirable of 
helpful." See VAOPGCPREC 6-2001.

Here is the complete VAOPGCPREC 6-2001:

http://www.index.va.gov/search/va/va_search.jsp?SQ=&TT=1&QT=VAOPGCPREC+6-2001&searchbtn=Search

I find it interesting that funds for “recreational” pursuits segued into “independence in daily living”. When that became overly broad, the word “necessary” became operable. Now “vital” has supplanted it. This is becoming a semantic jungle. What’s next? Near constant and debilitating symptoms requiring oxygen for the issuance of grab bars? Somehow, I doubt the strictures for those D.C. bonuses do not suffer from “requirement creep”.

Witness VA’s recalcitrance to give this old boy a tractor, an ATV and some other little piddly photography stuff to keep him out of the bars: http://www.va.gov/vetapp10/Files6/1041050.txt

The same applies here. No goodies for Gomer:

http://www.va.gov/vetapp10/Files6/1046460.txt

As for a computer, here is the “new” rationale. Keep in mind that for several years, Vets were granted this sort of thing so they could pursue avocational interests like pornography-oops- photography.

http://www.va.gov/vetapp10/Files1/1008276.txt

As for a metal detector for beachcombing? Seems like a noble endeavor to stave off boredom and get you out of the casa to meet new people and expand your horizons. VA’s opinion?  Not!

http://www.va.gov/vetapp11/Files1/1105982.txt

Here, the Vet wants a riding lawn mower in lieu of his push mower. The smart money says he hid his regular gas powered one over at the neighbor’s and picked up the push version at a garage sale for a dollar:

http://www.va.gov/vetapp11/Files3/1124514.txt  This just isn’t going to come to pass, G.I.

I did find  the decision where the enterprising Veteran asked for an old car to ride in on Veterans day and the Fourth of July parades. That, to me, is the epitome of need. A hero needs a vehicle for these things when he’s a legend in his own mind. I have no problem with that. A Vet sitting at home who desires to be active is a good thing.  I think a go-kart would be a more fitting request with the current financial issues our government finds itself embroiled in. Sometimes the VA can be so myopic to our needs.

http://www.va.gov/vetapp08/Files2/0813462.txt

VA professes to have a program, but when examples are sought to affirm this, there are none. They carefully explain that it exists, but we cannot see examples of it. Much like God, it is something we are asked to accept based on faith. All well and fine, but I like to see an occasional flood of Biblical proportions or a raging pestilence every once in a while to reaffirm my faith.

As for me? My needs are still unmet. Jim, the Information Technology expert/counselor from VA, came for a visit last week. He examined my wife’s computer inside and out on which I write this. I think he mentally measured me as well. He determined that I didn’t fabricate AskNOD.org out of whole cloth. He further determined that the old site was real and not a fig newton of my imagination. He found no pornography. His assessment was that I needed a new dockable computer with a printer/scanner/copier, a new Micro Word 7, Dragonbreath (which my wife says I already possess) and an updated Veterans Benefits Manual (2012) on Lexis Nexis. He cogently reasoned that I do, indeed, help Veterans and that this would be a truly “vocational” interest, even if it didn’t result in employment or income. He reasoned other things, but VA is stuck on deny where the ILP program is concerned. He admitted as much candidly after I promised I wasn’t recording it.

I’m not planning on doing a whole lot for the foreseeable future, so if I have to appeal this up to the CAVC, what the hey? It’s good typing practice. I wonder if VA realizes I’m as intractable as they are. They could employ one person full-time to deal with all the havoc I create for them. I rationalize the expenditure of time and resources as a fight for your rights. If I can accomplish it, then it stands to reason that others may, too. I’m mindful that it might impact other Vet’s claims, but this is the VR&E department, which is divorced from the Veterans Benefits Administration. No Veterans or animals were harmed during the course of the filming of this claim. As we are not a 501(c)(3) corporation, there is nothing to look up in Delaware, either.

P.S. This is a good one, too. A king-size bed +…

http://www.va.gov/vetapp08/Files5/0840642.txt

Golf clubs? http://www.va.gov/vetapp08/Files3/0818973.txt

So, this is the skinny on ILP and all its ugly trappings. I just thought you might find it instructive should you decide your lot is miserable. Pity, instead, the poor disenfranchised VLJ who toils over his martini every lunch in a vain effort to decipher the intricacies and nuanced interpretations of 38 CFR desperately in our favor.

Unknown's avatar

About asknod

VA claims blogger
This entry was posted in General Messages, Independent Living Program, Uncategorized, VR&E and tagged , , , , , . Bookmark the permalink.

4 Responses to Independent Living Program–NOT.

  1. Randy Nesbitt's avatar Randy Nesbitt says:

    Once I have the results of CT and MRI of my back in my hot little Vet hands I am going to push for a hot tub. What the heck, right? It would ease aches and pains and allow me to supervise, keep my little self busy, construction of the gazebo which I desperately need to house it under. Oh the fun never ends.

  2. peter's avatar peter says:

    I think I need a better RV so I can make family gatherings and not suffer in one of those bed bug ridden things they call Motels…You inspired me again….peter

  3. Randy Nesbitt's avatar Randy Nesbitt says:

    A friend who served in that tropical engagement requested a motorized wheelchair due to ascites and the VA’s take on it was, “walk slower and take more breaks”. The man would become grossly enlarged due to the fluid retention but it was OK that he be late for appointments and/or have trouble walking to the restroom, he could just walk slower, problem solved.
    As far as a new computer for your use that is unimaginable since you actually assist Vets in finding their way through the myriad of walls blocking progress within the VA. How could youo ask such a thing from them what with a recession and all. Keep up the humor I need the laughs.

    • asknod's avatar asknod says:

      That assessment on the motorized wheelchair seems in keeping with the “vital” holding in VAOPGCPREC 6-2001. In a more perfect VA world, he could simply insert an intra-abdominal tube and drain himself, thus reducing the burden on the VAMC. This would be a win-win for both. No need for the motochair and no ascites. Veterans can be so obstinate and unwilling to compromise at times.

Leave a reply to Randy Nesbitt Cancel reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.