ILP–DEEP THROAT-THE FLY ON THE WALL


imagesEvery good VA story has a fly on the wall somewhere who can tell you what’s going on in the back room. In my case, Deep Throat is well-protected, well-informed and keeps me in the loop on a fairly regular basis. The person does their job but is very Veteran-centric as all professional employees are expected to be at 810 Yellow Brick Road NW.

Interestingly enough, VRE Officer David Boyd’s confession to me on the 19th of July was spot on. Apparently, according to file notes in the left flap of my c-file, VA Secretary McBob did indeed call him and conduct a mini-nearbeer summit. And yes, the McBobster did remove him as my VRC of record. Never, according to my source, has the Honorable Secretary ever interceded in such a manner. He has assigned it to…wait for it- Acting Under Secretary for Benefits Thomas Murphy for disposition. I suppose that is as it should be. Always let the servants take out the trash and do the housekeeping. That’s what they were hired for.

Deep Throat, in all ‘its’ years of employment, has never seen the like. Of course, neither has ‘it’ ever heard tell of any Veteran, once awarded a service under ILP, subjected to such vindictive, adversarial treatment by VA employees or choosing to venture up to the CAVC in search of justice.  Spending four months in a quest to overturn a BVA Judge using nothing more than the M 28 as his authority is the ultimate in audacious behavior but that is the VA spirit. Never say Die! The judge didn’t say how big it had to be.

LOGO THAT OTHERS MAY WINIt appears the filing of my Extraordinary Writ on this was prescient to say the least. The perfect storm of perjury and intrigue here mixes well for an interesting yarn. Face it. VA law, unless you do it for a living, is just plain boring with a small ‘b’. Scenarios like this rarely occur nowadays because the parties involved go to great lengths to keep it all out of sight and settle it like gentlemen in the back room. The VA hierarchy can’t let the hired help see the dissention and turmoil afoot. Unfortunately, with the Court of Appeals for Veterans Claims now looking over their shoulder, the VA cannot sweep this puppy under the carpet or refuse to treat with me. With the ugly revelation that VR&E has a mean streak, it will be interesting to see if any Human Resources refresher courses in anger management are soon required. As to how  Judge Bartley will react to blatant perjury in her Courtroom is anyone’s guess. It’s not often VA gets caught out like this with scathing, documented proof of their machinations.

1,width=300,height=300,appearanceId=366,version=1445939258A long time ago, in the land of three-headed white elephants far away, I learned that if you attempt to shade the truth or be less than perfectly forthright, there were big repercussions. If you dropped nape, you better have a damned good explanation for why you didn’t get permission from the CAS or the US Ambassador well in advance. Ideally, there could only be one story, one version and one author. A successful conspiracy was one where there was only one conspirator. Mafia folks learned this centuries ago. The moment you involve two or more individuals, the opportunity for your story to fall apart and become public knowledge increases exponentially. How Mr. Boyd and his faithful sidekick Tonto expected to carry this off with all those damning emails contradicting them will be a VRE case study for the ages. To testify under threat of perjury is the height of chutzpah-and to a Federal Court of all places.  Hellooooooooooooooooo? Always bluff from a position of strength. Seeing me and raising with a pair of twos in a five-card stud, no-draw poker game at the CAVC was suicide. Of course, I expect playing ILP poker with me was a lose-lose proposition from the get-go. I had Bruce “According to Hoyle” McCartney as my Sensei. He wrote the book on this poker game.

I also wish to set the record straight. Contrary to what all of you may have heard, VA’s observation as to my wolf parentage is unfounded. To head off that line of inquiry, I had my DNA checked by Ancestry.com™. The results arrived today. Any relation to the taxonomic family Canidae is pure, unadulterated hogwash. Snopes was updated today as well.

Capture33

Capture44 - Copy

I do hope this puts the contention to bed permanently. Sorry. I’m white bread.

What will happen next is rife with possibilities. Deep Throat maintains the ILP award will still have to be handled and overseen by the local yokels in Seattle. There simply is no provision for a ‘hands from afar’ approach to this by Murphy and his mighty munchkins. There is, though, still much consternation about the excessive size of the structure and what kind of precedent this would set to award one.  It is feared the heightened publicity of the case may cause a stampede of Veterans to VR&Es across the fruited plain in search of metal detectors, riding lawnmowers and small tractors as knowledge of what 38 USC §3120 really offered us all along since 1982 begins to sink in. The longer this festers, the more I will undoubtedly write about it, too. Apparently, asknod.org is read by quite a few who work at DVA. In fact, rumor has it Maalox® stock is flying out the door at the Walgreen’s across the street from the corner of Delay and Deny but the claimant’s testimony was deemed not credible.

With my newly acquired VA Agent status, I look forward to representing the many who decide to seek these services. Having an amicable working relationship with the folks in charge of Seattle’s VRE is almost a necessity. We can’t have inflated egos and overbearing manners come between us and our duty to Veterans, now can we? That would be uncivilized. Can’t we all get along?Nodster

P.S. An astute VA attorney extraordinaire just emailed me within minutes of this hitting the blog that Murph the USB Smurf is not the boss of BVA judges. I apologize for any misrepresentations. I guess that honor falls to Dep. Director Laura Eskinazi or her designated Chairman of the Board of Veterans Appeals. Thank you Katrina for correcting me. I do strive for accuracy in reporting and that was a gross oversight on my part not to consult the Table of Organization before inserting my foot in my mouth. VRE Organization tables are very fuzzy and appear larger in the mirror.

About asknod

VA claims blogger
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9 Responses to ILP–DEEP THROAT-THE FLY ON THE WALL

  1. Alex,

    I must profess that you are “one” rare breed of veteran. Never in all the years I fought for my benefits earned have I come across an individual who used the “David and Goliath” approach so effectively. The reason I say rare is because most veteran’s would have given up after the first denial or NLT than the second, but you held your ground and now Goliath knows what it feels like to get sucker-punched back. The way you were treated by these two Veteran Administration personnel is shameful, and I am sure NOTHING will happen to them as far as disciplinary actions considering the previous high-level VA employees who were NOT admonished for their wrong doing’s. Having said this, it is my hope that you will prevail and receive that which you are entitled to because you have earned it, and this is what the program was originally implemented for to begin with.

    I see two things here that are relative truths. You mentioned one of them being that many veteran’s would be running to their local VA to get their dream machine or what ever it is they feel will assist them in staying sane while not being able to work anymore. I am sure the VA is worried about the additional cost, but so what, there are only 2500 slots right? so why worry because each veteran has a different story and limitations and the biggest issue is they are the profound disabled Veteran’s who in my opinion have earned their right to choose what they feel is best for their own personal interest. The second is the amount of time in which these delays/denials are handled. By the time a decision is made the person could already be dead. Perhaps the VA goes out of their way to insure long years of battling so that you never get to the end before you die waiting for their decision? I would, at this level, ask the VA or Congress to change the law/directives so that a decision MUST be rendered within 60-90 days. Veteran’s and especially yourself have been made to wait long enough and you are owed a quick decision. I hope they make your greenhouse the very first of its kind so other veterans may follow in your blueprints/footsteps. Lord knows you have earned it!!!

    I was under the ILP program for about two months when I lived in Phoenix, AZ but never got a chance to use it as I was still waiting for someone to show up to do the initial assessment. Once I moved to Manila, I was told they do not offer the ILP program here and would be released from the program, and was. Of all the programs offered here in the Philippines this particular program would/could benefit so many of us who are qualified for this program due to our service connected disabilities. I have asked the Manila VA director, Secretary McDonald, and the American Ambassador to the Philippines in writing to re-establish the program because there is a need here due to the high number of disabled Veteran’s who live here and who meet the criteria to enlist in the program, but have not received a reply as of yet. I have been waiting now for 117 day’s and will continue to address/fight this quandary with the respective individual(s), leadership, politicians, embassy staff as well as the legal council who said there is no law requiring the VA to have this program here. If anyone knows more about this or can assist/enlighten me I would be grateful for your input and assistance. I want to help those Veteran’s who live here and who have earned the right to utilize this program live a more productive life no matter what the cost are for implementing this program and where it is located. I.E. Outside of CONUS.

    Respectfully,

    ~Dr. Kevin

    • Clear Left says:

      Doc,
      I don’t believe the statutes are geographic specific but rather Veteran/Disability. My guess is ‘the grave digger’ will find the answer directly.

      Phoenix out

  2. mark says:

    To Cool For School

  3. david murphy says:

    Take no prisoners , shoot the wounded.

  4. Clear Left says:

    Not sure from where it emanates but every day just at dusk we can hear a fainting howling coming outta the West. Go figure

    Ordinance on target

  5. Sherry says:

    Way to go! It sure takes endurance to get involved with fighting for something you’ve earned. Your story sure sheds light on the fact that VA themselves spend millions of hours in learning how to screw the Vet. But yet, it’s the Vet who has to fight them alone in most cases. To allow them to say “No Lawyer Involvement” until they say so is an amazingly brilliant clause they have for which works for who? The truth of this story is pretty easy to follow and it’s insulting for us average folks to follow. Another “we want you when we want you” but after that you are left fighting for everything they said they’d do in helping you when the help is needed.

  6. James says:

    Follow the yellow brick road, follow the yellow brick road. Ha! Amazing. The VA is unreal. They always try to deny and say certain benefits are only for the most severely disabled Veterans. Then when you prove you are one of those Veterans they try and say you’re too disabled to use said benefits. I have done everything on my own. No VSOS! I’m sure there are some good people that work for them I just haven’t found any yet. I waited 2 years to get my daughter added as a dependent. Initiated an investigation from Senator McCain. 1 phone call later. Poof. Daughter added. The worst is how the VA tries to make you feel you don’t deserve the benefits.
    Keep slaying em Alex. God bless. Welcome home brother. Recon Dammit!

  7. Longfellow Rogoczy says:

    Kudos to you my friend!
    I am glad to hear that the VA is seeking the higher path…. finally.

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