CAVC–#16-2098–POSTSCRIPT-ARE YOU OKAY WITH THAT, ST. MARGARET?


VetCourtAppealsPromoNever being one to leave an errant sweater thread alone or a VA scab unpicked, I felt compelled to at least answer in my defence and protect my honor. Having hornswoggled sweet ol’ Saint Margaret into believing that maybe I was disremembering all those repeated consultations with that dear Mr. Boyd since 2011, I felt it was my duty to let her know what the Katzenjammer Kids have been up to in their far-flung VR&E empire. Remember, each VR&E Region is a fiefdom-a castle unto itself. No other arm of VBA has this far-reaching authority. None. What the VR&E Officer says is tantamount (ostensibly) to what the VA Secretary McDonald says and thinks. Ruh-oh, Rorge…

So, VA campers,  when you build your Extraordinary Writ, you address each shortcoming of the VA as an egregious error by the “Call me Bob” guy. Mr. Boyd, in his efforts to bully me, was actually acting in the stead of McDonald himself. We are coming to find Secretary Bob wasn’t quite on board with what Mr. Boyd advocated. Mr. Boyd may have potentially tread infirmly on perjurious turf when he characterized anything I said during my five year denial as “repeated consultations”. VA misconstrues virtually everything we say or claim such that it all becomes confusing to all but those trained to decypher it. Basing the “consultations” on five years of flawed logic and denial will hardly yield a productive IILP in 2016- no matter how you look at it. Saint Margaret said as much in no uncertain terms.

But when a VA employee in the same office gladly offers an explanation to this enigma and cuts the Gordian Knot, all of us get to honestly see what VA defined as “repeated consultations.”  I feel it only fair that St. Margaret is allowed to view it more clearly and reconsider her decision to deny my/our Writ. Remember, this ILP’s for all of you.

bel airThis is about riding lawnmowers and metal detectors. It’s about whatever you need to float your boat mentally. Certainly there are boundaries. You aren’t going to get a ’56 Chevy Bel Air to be in parades but you’re entitled to a TempurPedic® bed with tilt and heat/vibration for your bad back. You might not get that 19′ Bass fishing boat with all the bells and whistles and the 90′ omni Bassfinder™ but you shouldn’t miss out on the Binford© Golddigger 5000 metal detector that can spot a diamond ring 3 feet down. This is the ILP that was originally planned for you. A greenhouse is certainly a larger-than-life ILP but it shows what is possible. Remember old Luke Skywalker trying to raise his X-wing fighter out of the swamp on Dagobah? Think big but do not concentrate on the size. Ignore the normal. There is no normal or boundaries to ILP. There is also no limit other than the unattainable 2,700 slots authorized by Congress every year. Don’t get me wrong. Grab bars and walk -in tubs are often a welcome addition as can be a complete redo of a bathroom. The ILP is a catchall of funding to prevent anyone from falling through the safety net. It was never designed to be applied as it currently is. The funds are there. Don’t ever allow VA to tell you otherwise. Once you reach the “severely disabled” stage, they are required to pull out the stops. No if’s, and’s or buttheads.

Ex Writ Solze 8-29-16 Reconsideration

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The decider of my/our ILP claim- CAVC Judge Meg Bartley

downloadI guess I don’t need to invoke the NOVA connection here but I do this for everyone who follows in my path. Some of you out there think the NOVA is a toothless tiger who doesn’t do enough for it’s own members. Remember, you do not attain power and greatness overnight. VA, after 9 years, is still uneasy with the presence of attorneys in their midst. One day soon, we will be an integral part of this process and many more of our persuasion will come aboard on both sides.

Judge Bartley might have put the kibosh on this for citing as a precedent, but it is an excellent road map for those of you who elect to fight for your ILP rights. Remember, this isn’t about can grabbers, grab bars and cordless phones. I have yet to see those even offered to me. I cut to the greenhouse and computer chase early on. My recent inquiry about the $331.00 for the 2015 Veterans Benefits Manual fell flat like a souffle at a daycare center. Some of you might even say I’ve plum wore out my welcome. Shoo doggies. After eight years, I’m just catching my second wind. This is beginning to get downright interesting now that I’ve been allowed into the hen house.

Anyway, I decided to send in the wasted rejoinder above to make sure our Patron Saint of the NVLSP knows she is appreciated. I doubt I’ll get a reprieve, but she will know the perfidy of the VA is alive and well-documented by their own employees. You don’t always win at VA poker but it’s nice to know they ain’t fixin’ to disremember your name anytime soon.  As for the possibility of perjury, who’s bailiwick is that one in?  The VAOIG’s? (insert canned laughter here).

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3 Responses to CAVC–#16-2098–POSTSCRIPT-ARE YOU OKAY WITH THAT, ST. MARGARET?

  1. Kiedove says:

    Does each VISN receive the same amount of ILP funds or are they allocated by a population formula yearly? What happens to the funds if they aren’t distributed to projects each year. Do they just build up but still available?

    Also, I wonder what the ILP program can offer depressed vets like this grand-
    ather who shot himself in the head on VA grounds. Would a computer, smart TV, hobby helped him…
    http://www.dailymail.co.uk/news/article-3758639/Veteran-76-kills-parking-lot-VA-hospital-told-couldn-t-doctor-mental-health-problems.html
    http://www.militarytimes.com/articles/lawmakers-demand-answers-hospital-suicide

    • asknod says:

      There used to be a formula when they had to fight for funds. Since there is no limit to each entitlement once it is decided you need an ILP, the facts on site at the time of implementation drive the solution that fits the circumstances- hence the total cost. If the ground is shaky, a stronger foundation is needed. If ADA, then two exits and 36″ aisleways computed into the mix. I asked for hydroponics due to VA eviserating my guts and the 6 hernias. 15# lifting limit. If ILP funds are not spent by the ninth month of the fiscal year they magically change into vocational $. ILP as it was begun in 1982, was a life changer. Now, it’s a joke and they want to quash it once and for all. My greenhouse and a few others stand out like lighthouses of possibility for those who fight.

    • Clear Left says:

      22 Vets/day = 8030+/- / year that transition by their own hand. Would ILP have prevented the most recent? Me thinks probably not as grab bars and toilet seats don’t help anyone with their self esteem/worth.
      That being said I know for fact it has in the not so distant past ILP prevented Vets from transitioning prematurely from this side. Consider a musically talented Vet who had to fight for his rating. Once received it was a life changer but there was still a large void that hadn’t been filled. He is just one step away from death’s doorstep and closing. ILP in home consultant rehab engr recommends equipment for Vet to compose and produce beautiful music.
      Vet steps back from doorstep and now tutors school kids and other Vets in the joys of artistic endeavors. Cost to VA – $35,000 +/- Cost to Vet – his life.
      Grab bars and toilet seats can’t do that.
      Greenhouses, Tractors, Home modifications, etc can.
      Just my 2 cents.

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