AskNod’s M-21 for Vets

A month ago I was at the VA dental clinic getting six (6, hoke, seis, roku, sáu etc.) fillings replaced that fell out. No comment. Well, a short one. Anything free comes with strings attached. Free VA dental comes with shoddy workmanship and no guarantees. While I was incarcerated in the VAMC for a year, they almost killed me. That included letting my teeth rot. I came out with 21 cavities and had not had a new one prior to this since 1980.

I had my book with me and am preparing to upgrade it with newer information. Thus I had a yellow highlighter and a ballpoint handy. An older (Korea or early V Vet?) gentleman in his early 70s inquired about the title. I explained the idea behind it and the reason for writing it. Wrong. Bad idea. Do not pass Go!.

I was immediately treated to Mr. Knowitall’s infinite wisdom about Veterans helping Veterans and when/ where it is/is not permitted. It appears I am guilty of “representing” Vets and can be arrested or imprisoned for doing so. It was suggested  I get my affairs in order prior to my imminent “staycation”.

Mr. Korea informed me that in order to help Vets, I would need to join (pay CEO dues?) a recognized VSO and begin training (minimum of 40 hours on the clock) before I could even take the “test”.  He, of course, had accomplished all this and was officially sanctioned to help.

Sensing a golden opportunity, I drew him out for a few minutes and had him explain his job description. Apparently, included in the 40 hour workshop was an introduction to all VA’s forms and how to fill them out. This gentleman was allied with the VFW and was an “intake specialist”. Veterans came to him for their initial claims processing. He instructed them on how to fill out the 21- 526 and the Power of Attorney (21-22). His superiors did the actual hands-on claims work and one even traveled to the RO once a week to meet with VA poobahs and attend hearings. Once a week…

40 hours to learn how to fill out a form. 40 hours of doodling on a pad of paper. 40 hours that doesn’t even teach you how to couch the wording of a claim. 40 hours of dreary, redundant discussion about the order in which to insert it into the file folder they are beginning on you. Nowhere in this discussion was there any mention of informing the Veteran of what would be needed to prevail, let alone achieve a high rating commensurate with his/her symptoms.

After regaling me and my fellow dentally challenged dolts with his expertise, he drolly looked over at me and asked sarcastically what I taught Vets. I simply said ” I don’t teach Vets how to file. I teach them how to win.” That didn’t go over too well.  Cupcake tells me I’m not a “people person” and can be abrasive. Apparently I was that day.

I had no idea I was in violation of the law. Why, the mere writing of the book was grounds for arrest. Even in America, I learned, we are not free to inform Vets of how to file, what to say, or how to pursue their claims. This can only be administered by the all-knowing VSOs. Vets are free to remain ignorant and file by themselves but their fellow Vets are prohibited from aiding and assisting them in any way. My book was pure heresy and an indictment on the process. I risked untold lawsuits by anyone  reading it who filed and lost. He finished with the expected “Do you have any idea how much harm you  are causing and the grief untold Veterans will suffer if they follow your suggestions?”

Experienced anglers call this the “fish on!” moment. Reeling him in carefully, I innocently asked how many Vets he and his superiors had worked with and the number of  100% wins they had racked up. Damn few, it turns out. It seems VA is disinclined to award big ratings right out of the gate. It’s a gradual process and if I had that magic 40 hours of illumination, I’d know all this. I was even invited to join his team. Hallelujah.

By now, he had the attention of five or six guys-mostly older ones like me. However, we were in the same waiting area of the hearing clinic and there were some Afstan Vets with ear owies present. He sprang the expected ” So how many have you helped to get service-connected, buddy?” When someone gives an opening that wide, you can’t help but grin. Member Kel had just announce he’d hit 100% gold the day before so I began with him.

The conversation was headed downhill re VSOs when I was called in. Several of the younger Vets who were waiting for the hearing clinic immediately asked for a link to the book and the site. The quasi-VSO dude was steaming and said he was going to have to report this to his superiors as it was definitely a “VA matter”. I gave him the standard “Roger that.” and went in for the filling repairs.

For the record, if any of you desire to help Vets, it isn’t as ugly as it sounds. Yes, I am within my rights as a citizen to write a book about this. As a Veteran, I am free to dispense advice without a codicil that says “buyer beware.” If I choose to become legal, I would have to take training and be certified by the VA. One does not have to become a lackey of the major VSOs in order to help Vets. Most at my level take the schooling and go on to become County or State Veterans representatives. They receive a stipend for doing so. They are  accountable for their actions and do not charge the Vet. An alternative path would be to become an “agent”. These fellows act as quasi-attorneys and do charge a percentage of the take for their work. They are required to keep up to speed on legalities and procedures. Lastly, a Veteran can represent another Veteran by law. He/she can only help one individual at a time. No remuneration can pass hands. It has to be altruistic and from the heart.

My mission here is a Do It Yourself (DIY) approach. Always remember, fighting VA over an HCV claim will be arduous and emotional. VA is not inclined to grant unless they really screw up as they did with WGM’s claim. At that point, to save face, they grant the claim to squelch any further discussion. However, they still can’t bring themselves to give out a true 100% schedular without a prolonged fight. Kel was able to do this the way I did. Rarely, if ever, do you get 100% from the gitgo. The gentleman from the Puyallup VFW at the dental clinic was quite proud that he had been a party to over a dozen wins where Veterans eventually scored a homerun in his decade of service. He didn’t believe me when I said I’d taught 38 to do it all by themselves in five years and that most had attained a minimum of TDIU. Lies and propaganda. Moses had this problem keeping the riff raff in line when his followers cast the golden calf and began worshipping it. Mr. VSO was simply trying to head this train of thought off at the pass.

Contrary to popular belief, Vets are not dumb. If we were, we’d never win wars. Ingenuity seems to be the common thread. Another trait is that Vets are inclined to ask other Vets for advice. If they are lucky, they find sites like Hadit.com and ours. There are plenty of “How to” sites. Many are VA-friendly and advocate a “go with the flow” without making waves approach. There are innumerable books published about how to fill out the forms. There are Mapquest maps showing how to find VSO offices. There is no dearth of advertising by Veterans outfits at VAMCs speaking of how to obtain VA riches. They are permitted to set up shop there free and inveigle foolish, ignorant Vets into using their service absolutely free (see free dental services above).  What was absent was a cogent, easy to digest book that wasn’t as long as the Encyclopaedia Britannica explaining why you lose and how to combat the problem.

What I wrote was not an expose. It was not some deep, dark secret. It was not something jealously guarded by the VA like Col. Sanders’ fried chicken recipe. Most importantly, it was not something any of you could never fathom. Read five or ten thousand HCV decisions denying Vets from the Board of Veterans Appeals and you begin to see a common thread. Face it. VA is the antithesis of innovation. They are lazy. Their belated conversion to computers reveals they use the same Adobe denial language with very few variations. I merely followed Hansel’s breadcrumbs and discerned a path through the forest.

By showing other Vets how to do this, I have not violated any laws. I’m sure I’m not beloved at the VA and if I keep up my jibes about Under Secretary Allison-in-Wonderland” Hickey’s  hair misadventures, they may choose to pay me off and pray I go away. Of course, they may take the opposite tack and come after me with a big stick like Keith Roberts. The good news is I probably won’t live long enough to be punished.

Nod’s breadcrumbs