MAY 9, 2024–A COLD DAY IN HELL


Thirteen years, one month and 19 days ago, I filed a request for an Independent Living Program (ILP) grant. That was March 20, 2011. A very close friend and fellow Vietnam Veteran had fought long and hard to win his own greenhouse. Bruce Almighty even traveled to Washington DC to testify before Congress on VA’s seemingly impossible requirements to obtain anything via the ILP. It was the ultimate Catch 22.

VA’s VR&E program under 38 USC §3120 exists. VA will concede that much. Yes. We have an ILP program. Yes, you more than qualify. But no, you may not have a greenhouse. If you wish, we can provide you with sock puller-uppers, grabber devices for that hard-to-reach can on the toppermost shelf or grab bars next to your water closet for those tense, unbearable moments when your hemorrhoids are overwhelmingly painful. A greenhouse, on the other hand, is not something that would help you attain independence in everyday living. Or so they said to me at several different stages on my way up the ladder.

In 1997, VA’s OGC issued a Precedent holding (VAOPOGCPREC 34-97) that was forced to concede that the ILP program actually had, for the previous sixteen years, been a vehicle used exclusively to award metal detectors, riding lawmowers, fishing gear, fishing boats and all manner of avocational accouterments to the most severely disabled Veterans. The program was awarded to 2,700 lucky souls per year. The competition was fierce and some applied year after year in hopes of qualifying.

For those of you who read

That would be me when I heard about Bruce’s long four-year fight. I was a year out of the Seattle VAMC and still hopelessly addicted to Dilaudid. I didn’t fancy myself framing more houses and couldn’t envisage myself doing much more than writing this blog and attempting a convincing imitation of a mushroom. Gardening was a passion so I put in for a really nice computer to create asknod articles… and a greenhouse. The computer only took a year to win- but it was still a fight.

I finally won the greenhouse on appeal in September 2015 but that was just the start of my battle. The VR&E hierarchy began by asking if they even had to comply with some ignorant jackwad VLJ back in DC who didn’t seem to understand that the ILP program had metamorphosed from avocational pursuits to HISA ones. That’s right. Somewhere between 1981 and 2001, the VR&E hierarchy decided there would be no more toys and such distributed to the Veteran welfare population. This was going to become a medical necessity program.

Riding lawnmowers were suddenly right out because they were transportation devices that could be used to drive down to the VFW to get drunk and avoid a DWI. Fishing gear couldn’t qualify because it didn’t make a Vet “independent in his community”. Huh? I finally had to point out that the OGC actually mentioned computers as an example of an ILP entitlement. VA mulled that over, sent it back to DC and asked “Do we really have to comply? This is pure bullshit.” DirVBAVREVACO (Director, VR&E Services)  and OGC all agreed that’s what it said. Bingo. Instant $5 K worth of computer and Adobe 9.5 Pro and a shit ton of other goodies. Believe me, this did not sit well with Hizzonor the VRE Emperor. He was one of those 1976 to 1990 Vets and then some Govt. Service to top off the tank at 20 and the golden parachute. His motto was “They serve, too, (and deserve combat medals) who only stand and wait. Yep. A cannon cocker for life in Germany.

I got my computer from VA in 2012 long before the BVA fight even began for the greenhouse and boy howdy was it a daisy. That Dell had everything but the toaster and electric ass scratcher attachments. It came loaded down with tons of  really cool software. VA even paid some ol’ boy to come over and teach me what that Adobe 9.5 could do. Between that and my copier/scanner/ printer, I can damn near print money.  I wrote my book on it. I wrote all about ILP and learned more and more. And then one day, it went to heaven in 2018.

After the big win, the Seattle VA VR&E Poohbahs showed up on July 13, 2016 and tut-tutted around the property. The Head honcho told me I didn’t ‘look’ very disabled and said he was going to have to reassess this whole thing. They did try to strongarm me into signing off on a VAF 28-8772 15 X 20 foot structure with a 60 watt lightbulb overhead and one (1) 120v outlet. No water faucet was contemplated because-hey-your old  6X 8 greenhouse doesn’t have one so all we have to do is give you a little more space. Right? I’d already declined to sign a blank 8872 two months earlier so I was amused  they thought this was going to be some kind of Come to Jesus meeting or a  Monopoly Do not Pass GO! Go directly to Jail card. Man, I’m 73 and 20 year protected. Gilead Industries had just cured me of Hepatitis C and I already had that Get Out of Jail Card in my wallet. What are they smoking? I want some.

When I complained and said I had my eye on a 20×28 version with hydroponics from Farmtek™, they all had a good chuckle and the Big Banana, Mr. David Boyd allowed as it would be a very cold day in hell before I ever saw a greenhouse that big. David retired somewhere in between the SOC in 2019 and 2022 so he won’t get to comment on today’s weather report.

So, here we are in 2024 and Hell seems to have a distinctly brisk chill in the air today. Some Vets think this is extremely greedy of me to do this. Could I afford it out of pocket? Of course but why should I? I am one of those lucky 2,700 souls who qualified. If they’re handing out free greenhouses, I’d be a fool not to throw my hat in the ring. I’m not stealing an entitlement from another deserving Vet as I was accused of at my first hearing in July ’23. There is no monetary limit to an ILP award. Congress appropriates the money to award to the Vets. If it doesn’t get used, I’m sure they appropriate it right back at VA for more important things like bonuses and Christmas office parties.

What really intrigues me is that those 2,700 (or even 2,750 now) Veterans chasing this chimera have now sunk to a lowly 526 souls last year. When Vets discovered there weren’t going to be any more ILP  freebees beyond grab bars, the enthusiasm kinda died down. And this, fellow Veterans, is why I fought for it. Now you and everyone of us who have borne the battle can file a request for a fishing boat or a metal detector … or… a greenhouse and point to me as an example of why you, Johnny Vet, are equally entitled to this largesse. VR&E bozos can’t very well explain this away as some entitlement that exists in your fevered imagination.

What I cannot comprehend, and perhaps never will, is how VA could fight me and incur ungodly litigation costs for thirteen years and change trying to defend the indefensible. Two BVA decisions. Three BVA hearings. Three Extraordinary Writs of Mandamus and now… defeat. I’d guesstimate, at a conservative minimum, that they’ve squandered well over one million dollars attempting to put the VR&E Pandora back in her box to no avail.  It set me back a buck fifty for filing fees up at the CAVC. Well, maybe more for the two round trips back to DC and hotel rooms to argue it in person. But then I get to motor on over to ANC and say hi to Dad or Uber down to the wall to say hi to Bob, Chuck, Fred, and Park. That’s chump change compared to the expected $200 K + they’re going to spend complying with the Board.  It also sets a new world record in the Delay, Deny until you Die competition for how long it takes to win a VR&E claim. Bruce Almighty held the bragging rights to that up until today. Eat your heart out, bubba.

Check it out. Here’s your ticket to a VR&E greenhouse. Free. You will have to obtain an IMO explaining why you need one though. Call Bethanie over at Valor4Vet.com

Graham VRE Grant

So, at some time in the far distant future, some ol’ boy wetting his 6 lb. test with a VR&E-awarded Garcia spinning rod with a Mitchell 500 reel and a Mepps #2 will thank me for not pissing on the VR&E fire and calling in the dogs when he ties on a smallmouth bass. I don’t care if he doesn’t recall my name. I’m not a parade kind of guy anyway. I just don’t cotton to that VA bait and switch shit. Our squadron motto in 1970 up north in the country that rhymed with Mouse was unequivocal-Win or Die. I see no reason to commence doing otherwise this late in my life.

And that’s all I’m gonna say about that.

Unknown's avatar

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21 Responses to MAY 9, 2024–A COLD DAY IN HELL

  1. Johnny5's avatar Johnny5 says:

    I put in a claim for an ILP greenhouse in 2022. I figured with ALS I would have a clean shot and approval. Nope. They gave me a run around for 11 months, denied the GH, then closed my claim at the 13.3 month mark. Followed up w/HLR and got told some strange shit about a $10johnny7k IL Grant to make adaptations to my quarters. Now it took 8 months to get 3 non-Vet contractors to fix bids to spend $107k on giving me an ADA compliant shower and shitter among other things.

    This is how VA treated an ALS Vet with a limited life expectancy. Its been 2 years and 10 months for all this to play out. I am still fighting! The median life expectancy of ALS patients is 3.5 years. I am a lucky one of the 10% who survive 10 years (almost, 9 years so far). Any other Vet would have died by now.

    • asknod's avatar asknod says:

      VA will do an assessment of your physical capabilities to ensure you can “operate” a greenhouse, Johnny5. After I won this round (#2), they still sent out the VR&E head honcho with a thinly disguised VR&E FNG asking if he could sit in for training purposes. He didn’t look like a newbie GS-8. We sat here in my office discussing my physical capabilities. I can’t help but wonder that they didn’t decide to overrule the BVA’s grant and say I was incapable of green thumbing.

      Seeing’s as you have exceeded your expiration date, I’m not surprised they shot you down and went sideways into a HISA grant. Look who you’re dealing with. VA’s propensity to hire village idiots extends to VR&E too.

      • Johnny5's avatar Johnny5 says:

        This was not a HISA grant, it was an IL grant for 107K. HISA is limited to less than 8k.

        I am still walking and using both hands. My progression is very slow. My condition is a variant of ALS/PLS said the smartest Neuromuscular spec I ever met. The VRC Screwed me. The HLR validated that and reopened. Then instead of the 30-35k for a GH, they shoved a $107k grant down my throat, and then they said I get the GH (re; HLR).

        They be wasting $$$ because I already have approval on the SAH grant for $117k for modifications of my home. They are giving me $224k to do the same shit! No wonder they are 3 Bn over budget.

        • asknod's avatar asknod says:

          Au contraire, ma cher. It’s a HISA grant because ILPs can only involve avocational pursuits- separate and distinct from home improvement or VR&E goal-oriented employment post-training. VA has two programs for infrastructure upgrade- SAH and SHA. VA has 2750 slots open annually for ILP. They used 525 of them last year. What does that say? Can’t find enough eager souls to fill out this valuable program? I fought for 13 years to get the GHouse. In 2011, the whole 2750 weren’t even filled.

      • Johnny5's avatar Johnny5 says:

        I was diagnosed in 2019 by a non-VA doc. It took the VA 2 more years to figure the 2019 diag. was right, then they gave me 100P&T. I was already 100% P&T. Over 55 rule; they cant reevaluate me unless they have a damn good reason. So no more C&P exams. I go to ALS Clinic quarterly/semi-annually. Whenever they tell me. I am just stumped at these people’s ignorance because I can RTFM that they don’t follow.

  2. Christopher Ford's avatar Christopher Ford says:

    Congratulations – you are a solid reason why we all need to continue the fight. I have lurked here for years and this is a straight up win for the good guys!

  3. Pedro Lozano's avatar Pedro Lozano says:

    Hey Alex, can you ship some of your home grown veggies to Texas? I am sure once your greenhouse gets built, you are going to have TONS of leftover vegetables. Congrats on your win.

  4. Bruce Allen McCartney's avatar Bruce Allen McCartney says:

    Brother NOD,

    I must say after our hearing of yesteryear (after our small 4 year saga) we had good success in getting Vets in need some (mostly on the Right Coast) significant ILP’s. (Thank you FNG Dir Ruth who was under Congressional gun) even though it ended almost as quick as it began. Along comes Left Coast hardheaded combat wounded Veteran who told Dir Ruth’s turtle to SHOVE IT, NO, NADA, ABSOLUTELY NOT between their cheeks. Then Again, and Again, and Again,

    Unfortunately, since the windows of OUR generation are rapidly closing you, my friend may be the last one to realize their just due.

    Fortunately for those generations who follow us you have not only laid the foundation, but packed it down over and over again, poured the concrete according to specs, but then blacktopped and sealed the whole Damn thing to prevent any invasion from the current breed of assholes.

    OK younguns. Step up, Read, Reach Out, and Learn from THE NOD. Take care of your generation of Veterans as he has ours. (note: he’s already working on your generation as well).

    Could continue this for pages and pages, but for now…

    Clear Left

    • Johnny5's avatar Johnny5 says:

      The IL folks shoved this grant down my throat. I know about the SAH and SHA grants (I studied up on those). Eight days before the claim closed, my VRC called and talked about home modifications. I told her I was months deep in getting that done via the SAH 117k grant. She had known about the ILP grant and my SAH grant for months and had never extrapolated on the issue. The officer VRO above her ignored her shyte too. None of it was put in writing, either.

      Then, the HL review went in, and Ben Kraus and I were in a conversation when the new reviewer called. She said the VRC should have offered me the IL Grant and the GH. I was qualified, and they never did an ILP exam on my case with a qualified Occupational Therapist (they used a PT and evaluated me for a home therapy program instead…the VRC had no clue how to do the job.). The VRC denied me because of my condition instead of helping me to overcome it. So rinse and repeat, I had to redo the SAH and now the new $107k grant. I never had a clue the grant existed before that phone call.

      So the thing with it all is they have burned another half year while I got an OT in to redo my “exam”. They looked at my quarters and said they wanted a ton of crap done and a new door punched through my brick wall. That is getting settled now, and I am doing paperwork. Every job starts once the paperwork is done. The new SAH superv. is in charge of administering the IL Grant and SAH and insisted that I include the GH in the quote to get approved. So far, we got a hurricane-resistant 14-19 residential unit to fit in nicely. My fingers are crossed!@

      • Johnny5's avatar Johnny5 says:

        Note to self: This is a great place to post information on Greenhouse for future veterans. Asknod has been on this quest for about a decade. It can be done if you keep fighting!

  5. David Pike's avatar David Pike says:

    Unfortunately, you CAN get a OWI/DWI on a rider mower now a days… In Indiana you can even get one while cutting your own yard on private property!

    And you thought “1984” was bad! Welcome to “2024”.

  6. Robert P. Walsh's avatar Robert P. Walsh says:

    Smoke on call.

    Lawdog 60, over!

  7. Britton Priddy (Britt)'s avatar Britton Priddy (Britt) says:

    Way to go Alex , you been at this a long long time,, you deserve it man,

    you beat them at their own game, good for you sirI

    i finaly won my PTSD claim and wife s extra bed ridden claim was only 175,00 extra we got two checks before she passed.

    keep up what your doing its men like you that gives us other vets the stregth to carry on win or die 

    Congratulations

    Buck 52

  8. Britton Priddy (Britt)'s avatar Britton Priddy (Britt) says:

    Good for you Alex,you kept at this for years like you said win or die you beat them at theire own game, Congratulations on long hard fight.

    Buck 52

  9. Tamar Dyson's avatar Tamar Dyson says:

    You have always been a trailblazer!

  10. Janice French's avatar Janice French says:

    Congratulations on your long and arduous battle. Happy gardening!

    Janice

  11. butlergaryv's avatar butlergaryv says:

    Congratulations! I seem to be technically challenged today, third attempt to leave a comment. Been following this tale for a while and you have made my day, wearing a big smile.
    Gary

  12. Carl's avatar Carl says:

    Nice… and thanks..

    Carl

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