BVA–TRYING TO POKE A HOLE IN LOD/WILLFUL MISCONDUCT


VeteransAdministration.12755109_stdVA loves to try to rescind, revoke or otherwise contradict a finding of LOD such that it can invoke the willful misconduct etiology on drug use. Here’s a classic example of Uncle Victor’s munchkins huffing and puffing and trying like the Devil to blow down a Veteran’s clear finding of LOD. 

While we do not condone the use of the White Lady via the nostrils-or any other way-we do consider the military’s findings of the character of the Veteran’s service to be probative. Who else but his superiors can give credible, contemporary testimony as to his bona fides? More appropriately, shouldn’t this be far more probative than a stale review and a reversal of the  LOD findings decades later?

downloadWe are not all angels when we’re young. We experiment. Being in the military has increased stress and responsibilities. Poor life decisions are not always the reason for disease. Contrary to VA belief, one black mark should not a life rend asunder. And hey, while we’re at it, let’s give a big cheer to the DAV for bringing in a win. Somehow I suspect Johnny Vet carried his own water on this one but accidents happen and sometimes VSOs help.

About asknod

VA claims blogger
This entry was posted in BvA HCV decisions, LOD and willful misconduct, Medical News, Tips and Tricks, VSOs and tagged , , , , , , , , , , , , , , , , , , , , . Bookmark the permalink.

6 Responses to BVA–TRYING TO POKE A HOLE IN LOD/WILLFUL MISCONDUCT

  1. Longfellow Rogoczy says:

    Here is what I have found out so far from by submitting my 10-3542’s to Janesville, WI.
    They end up sending them back to your local VAMC travel office for processing.
    They will not pay for postage.
    They prefer you to fax it to them.
    The local VAMC travel office will attempt to wiggle out of paying if they receive it 30 days after your appointment date. :’-( (even though Janesville time stamped it)
    It has turned into a bigger hassle

  2. Longfellow Rogoczy says:

    After reading one of your earlier blogs, I decided to give your suggestion a try.
    When filling out VA form 10-3542 for medical travel reimbursement, I will include $0.48 USPS for a postage stamp once every week, when I send off to Boise VAMC Travel Office. I have yet to see this postage included with the VA Travel Office deposit in the checking account.
    Have you had any success?
    They make sure get they their $18.00 monthly deductible though!

    • asknod says:

      Mail it to Dept. Of Vet Affairs Evidence Intake Center P.O. Box 4444, Janesville, WI 53547-4444

      • Longfellow Rogoczy says:

        TY, will they reimburse from that end? If your answer is yes. How long does that usually take 6 mos, 1 year?
        Last October, I have turned in expense for medication reimbursement that was purchased on the weekend in Bend Oregon to Boise VAMC. Boise said they are working on it.
        I believe I will have to start an excel spread sheet to keep track of all the reimbursements due.
        I had no idea going out on VA disability was going to turn into a full time job :-‘(

        • asknod says:

          About a month or more for me.

          • Longfellow Rogoczy says:

            I just got off of the phone with a Cliff at the Boise VAMC Travel Office discussing prior submittals. He informed me that postage is not on the list of a reimbursable expense for Veteran travel. He said you can fax the travel form in to save on postage.

            I sent in this weeks expenses to Janesville, WI, to see if they will calculate even a smaller amount. My address does not pull up on Google. I have the same zip code as the VA Outreach Clinic, but, live 22 miles from it. We will see if I get short-changed $50.00 total for the submittal over $0.48 postage. Cut off my nose to spite my face deal. I hate when that happens.

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