CAVC–BIRTH OF A WRIT-ACT III SCENE 9-WELCOME TO THE HOTEL CALIFORNIA (AGAIN).

Posted on March 22, 2015 by asknod

vetcourtappealspromoAs some pointed out, going down for double can be a dicey enterprise. Splitting up the cards into two bets isn’t the best way to do it either.  It also appears this is Judge Davis’ way of saying get lost. We knew that the moment we drew the short judge straw. I’m 0-2 with him (see also CAVC #10-300). This case has been banging around that long. God forbid I draw him if I have to go up yet again. Yep. The dreaded hamster wheel is still my nemesis.

UPDATED——————-March 23, 2015—————————————–

Hotel California

Well, pilgrims. Let’s do an inventory of what was asked for and what was granted. It could be that already having a 100% schedular rating  inured Davis to my request for another. Here’s the inventory.

Grahambo’s Extraordinary Denial

1) Topping the wish list was a 100% schedular rating for Porphyria Cutanea Tarda analogous to dialysis as the two processes (phlebotomy and dialysis) are similar in that they involve needles, veins and purifying the blood. In any event, the aim was to get into the SMC S zone. I was 40%+10%= 50%. I needed a 20% kicker to get there.

-Outcome- VA met me halfway and upped the 40% rating to 60% and restored the 10% (CUE) clawback of the skin rating. 60% +10% = 60%. My combined total is now 170% (100% + 60% + 10% +10%).

download (2)2) entitlement to SMC-S from filing date of Porphyria on 3/31/1994

-Outcome- Granted in full. This was where the moneybags were hidden and the primary financial reason LawBob Squarepants liked this vehicle. He’s remodeling his new hacienda and needed two new furnaces and heat pumps. I needed closure. Problem solved.

3) Finish my claims for Cryoglobulinemia and Fibromyalgia filed October 1, 2012 which were accidentally closed out or disremembered for the last two years.

-Outcome- claims decided in my favor and C&P was accomplished March 6th, 2015. Awaiting ratings decision. This was my back door plan for SMC S. I don’t need it now but VA is stuck on stupid and continues to pursue rating it. That will add to the 170% which is asinine and meaningless towards getting SMC S now.

4) Certify claim for ILP greenhouse which has grown roots at Seattle’s VR&E office since November 2012 NOD. Advancement on the docket was asked for as well.

-Outcome- Claim certified, Form 8 issued and Travel Board Hearing is in the slot awaiting a date. Advancement is doubtful. I might win before I die if they advance it. They simply can’t have that.

VA 8

Actual photo of a real Form 8 which we so frequently talk about. Rarer than hen’s teeth. Handle with care. Evaporates when exposed to light. For the sharp-eyed, notice the backdating trick Coach Cherryl Anne Mackey-Rivas uses from 3/27/15 to 2/27/15. Apparently, Decision Review Officers have the authority to change dates. They were in such a rush to get this back to the Court that they didn’t bother to fill out a new one. Badges? They don’t need no stinkin’ badges.

5) Convert my 12 volume c-file into VBMS electronic word-searchable .PDF  pronto so I can fight my  ILP claims.

download-Outcome- We’ll convert your files when we’re good and ready to. Can you hear this, dude?>>>>

images

<<<<<<< If you can’t hear, let me turn it up for you, bud. Your c-file isn’t “ripe” yet. From now on, it’s “okay” for VA to tell Veterans that they are no longer allowed to have the one document that might help them win their claims! Did I just hear due process being strangled? We at asknod call this the “Marie Antoinette” syndrome VA always deploys (using the Court as their mouthpiece) i.e. “Let them eat cake until we get around to making a copy of the file”. The Court takes the broad, general view that it isn’t really denial so much as delay. Once VA is allowed to talk about delay, two and one half to three years would be the expected  “edge of outside parameters” of good taste.

6) Make sure VLJ Hindin never touches my claims file ever again.

-Outcome- Go piss up a rope. Just to spite you, we’re gonna make you appeal both the 60% for the Porphyria and the ILP greenhouse. We may even assign Hindin to your appeal again- because  Davis didn’t say we couldn’t. Therefore we can. Ah ha ha ha ha.

In sum, for a $50 filing fee and some heavy duty postage, I was able to accomplish in two months and two weeks what had heretofore taken me 21 years, 11 months and 21 days to accomplish. I think that is the best investment in my life short of hornswoggling Cupcake into marrying me and producing my firstborn (and only) male child.

On the other hand, two disturbing specters have now raised their heads. I speak of the above Cushman violation-but worse. We don’t have to alter the records. In fact, we don’t even have to allow discovery and let you poor Vets in on what we have. Blatant, overt adversarial displays of temper, cast in stone in a BVA decision that sarcastically opined but that for lack of a shoe, the battle was lost. The Vet won by chicanery and bending VA’s lenient rules into tortured meanings never before elicited. Indeed, the VA Secretary’s regulations often segue into interpretations the Congress never intended. Where else but at the VA would it behoove you to saw off a leg to obtain SMC L by chicanery? Fortunately, alert raters at VAROs steadfastly stand guard against this Veteran proclivity.

I will have to appeal the 60% Porphyria rating up to the BVA. Childsplay. I feel confident this will win. If VA gave away the whole farm in one fell swoop every time we bitched, the rest of you might get the idea they’re getting soft. They can’t have that. The resultant rush to the benefits trough would be financially catastrophic for bonuses. Thus, some time in 2017 or so, a VLJ will state the obvious that a doctor saying totally disabled is… gosh…just that. Duh? Or ten days before the VLJ rules, VA will grant the 100%. Either way, they will make me wait. I”m pretty sure I have now officially been declared persona non grata and taken off Secretary Bob’s Christmas Card list.

The centerpiece jewel in all this is the ILP claim. All the rest was just window dressing. I know some of you choke at the thought of $70,000.00 being window dressing but let’s be frank. The Independent Living Program is dying. It’s very important and worthy of a strong defense. There is no good case law on it of mention at the BVA. If it’s denied at the Board, we get to go up to the Big House at 625 Native American Avenue NW and open up the biggest coverup in VA’s storied history of same. ILP is going to become the next scandal if I have my way. Nobody in Wyoming has ever heard of it let alone been granted an ILP. Same for the folks in Manila. White River Junction has been AWOL on it since 2005. Check it out:

VR-E ILP states

vre2vr3vr4

vr6

VA continues to remodel these numbers in the totals above. Congress authorized 2,700 lotto tickets to this but unfortunately the people giving the tickets away appear to be unable to find any of us and ignore the ones like me who try to redeem our tickets. Your odds of winning in Wyoming are 0 in 1,000,000,000,000,000,000.00 as you can see.

VR&E Officers consider ILP to be a giveaway of valuable vocational assets to a bunch of undeserving whiners who just happen to have a shit ton of severe disabilities like PTSD, missing arms, legs or liverboxes. VA’s take on all this is to do intake all spring and summer and wait for September. That is the cutoff date for allocation of ILP spending. If they didn’t use it by then, it reverts back to the general fund for use “elsewhere”. Elsewhere has been discovered to include Kareoke parties in Orlando with their sidekicks in the HR crew. Oddly, it happens every year ( the misapplication of the funds-I think the party locations change though). A $25,000.00 allocation available for each one of you who applies is withheld, reviewed or artifically denied until it can be redirected. This authority emanates not from DC’s Central Office of VR&E but at the local level. Yeppers. The local offices have no oversight from DC. Each are mini-fiefdoms and the whims of the Head VR&E Officer are dictum. That is the battle we hope to enjoin. Seems if you’re going to deceive and deny Vets this valuable asset, you probably shouldn’t be keeping a record of it that clearly demonstrates it’s being “downsized”. Can it be our paraplegic/severely disabled Veteran numbers have dramatically dropped after a 15-year war? Statistics like those above do not lie.

Davis was not expected to become Solomon and make weighty decisions on PCT ratings. We certainly hoped he would but the Force is weak in that one. Likewise, I don’t see where he could have thrown his weight around on the ILP either. VA chieu hoi’d too quickly before he could answer that. The matter of getting a slot for the Travel Board hearing sooner, rather than later, is also “iffy” and VA mentions it in passing. Often, that is the same as not mentioning it at all. We shall see.

The battle lines will be drawn around the Presumption of Regularity on the ILP. VA took an interesting path to denial at each stage of the process heading to appeal. The first error was to blatantly declare in writing that there is no “avocational” in VR&E. Every grant is aimed toward restoring the Vet to work. The boys at VR&E 346 (Seattle) forgot to read §21.160 or consult VAOPGCPREC 34-97. The next mistake was to say I had three greenhouses. I don’t.  Next was the “He’s trying to avoid buying veggies by growing them”. The last was the crowning touch. They simply waited for the regulation to change last March 31, 2014 and issued the SSOC May 14th incorporating the brand new regs. Boy Howdy, that’s against the law in 38 states and all 58 VAROs. This provokes the thought of just how tightly wrapped these folk are. If they don’t even know their own regulations and are incapable of interpreting the M 28, do they have a checklist to get their underwear on facing front every morning (yellow in front/brown in back ⇒ check ⇐)? The Presumption of Regularity says they know what they are doing and do it well. If you rebut that by saying what appears irregular-is indeed irregular, then the decisions at the RO were fatally flawed.

§19.29 says a SOC or SSOC has to clearly and unequivocally evince reasons and bases for a denial. It must be clear to the claimant what is afoot and why. Merely saying “Mon, we be castin’ dem bones and you be losin’.” isn’t a valid reason to appeal from. If there is no nuanced discussion at the VARO of the severity of the disabilities, how is the Vet to know how to proceed with a denial? Absent a real C&P for ILP, your decision is based on whether the VR&E guy is having a bad hair day. Unfortunately, there are no good hair days at Seattle so their ILP numbers are sinking much like their sister ROs across the fruited plain.

By signing the waiver of review in the first instance and avoiding a remand to readjudicate, the rebuttal of the Presumption that Seattle knows what they are doing is complete i.e. they don’t. Whether s/he wants to, the VLJ is going to have an ILP Tarbaby stuck to her/him and have to rule up or down. My ILP is a case study in how not to do one. They have variously denied on it using four different arguments-each distinctly different from the one before. It’s beginning to resemble a “whack a mole” game at the county fair. Even worse, there is no supporting rationale for the denials from which to appeal. Bald assertions with no supporting rationale are not probative evidence and therefore not entitled to deference in a rating decision. Absent any mention of disabilities and having considered them, the decision is fatally flawed.

We aim to fix this. ILP is a valuable asset that looks like it got a  crew-cut with a weedeater over the years.  Very little of substance is left there now and any benefits at all hinge on the whims of the local VR&E Officer at your RO. Some are amenable to reality. Others consider it an extinct dinosaur but occasionally grant grab bars and shoe horns. We know some in the R1/R2 crowd are getting HISA and other grants but they are few and far between, too.  Little, if any, entail avocational pursuits such as an Ipad or similar items. Considering the enormity of severe disability and the prevalence these days of social media, Ianythings should be being granted wholesale to help our Vets unwind from the Afraq hostilities. This niggardly approach to ILP grants with Mardi Gras beads must be halted. A rollback to the eighties back to true avocational pursuits for those of us less abled but still desirous of accomplishing something of substance is what is called for. Congress appropriates the funds. VA surreptitiously diverts them.

I, for one, look forward to having fellow disabled Veterans gather here to engage in horticultural pursuits should I win. If it gets you off your ass and gives you the will to be more than a mushroom in Fort Livingroom, why try to curtail the behaviour? Why not encourage it? Unless they simply don’t give a hoot about us. Perish the thought.

images (1)

download (1)

P.P.S. On September 4th, 2015, VA granted 100 % for my porphyria cutanea tarda and granted my greenhouse request.

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp15/Files5/1538035.txt

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp15/Files5/1538123.txt

 

 

Posted in ASKNOD BOOK, CAvC HCV Ruling, Earlier Effective dates, Extraordinary Writs of Mandamus, Independent Living Program, KP Veterans, Porphyria Cutanea Tarda, Presumption of Regularity, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , , , | 4 Comments

VIETNAM–WHERE WERE YOU?

Posted on March 17, 2015 by asknod

CaptureHere’s a lovely Google Interactive showing all the locations where we had military assets in the former Republic of South Vietnam. I note that it doesn’t show our assets in the adjoining countries but I suppose that will befall some of us to supply when our nondisclosure agreements start expiring soon. Mine are up in 2020. Tell us where you were. 

Posted in Vietnam War history | Tagged , , , , , , , , , , , , , , , | 3 Comments

JETGUNS- WHEN THEY REALLY FOUND OUT THE TRUTH

Posted on March 15, 2015 by asknod
sylvia Price

Sylvia Price, RN

In what may probably be the biggest scoop for us on jetguns, we owe member Sylvia Price a debt of gratitude that can never be repaid. She spent thousands of dollars of her own money over the last decade in a desperate search for the Holy Grail of Jetgun Knowledge- What did they know and when did they know it?

Why- or better yet how- did such a filthy, unsanitary, non sterilizable inoculation device survive so many decades of military use in the face of this inexorable truth? Quite simply, it was speed, efficiency and a No deposit, No return mentality on the usage of human beings as an unending supply of disposable employees. That certainly should not come as a surprise to any of you Vets-especially combat ones. Freshly drafted 11 Bravo grunts for the new war in Vietnam were going to be cannon fodder all too soon. What difference did it make if they contracted a lethal, incurable disease or two in the process beforehand? Besides, if they survived and needed medical attention after service, there was always the VA as a last resort.

Sylvia Price, R.N  is a fellow member of the Old Guard of HCVets. Once upon a time we lived on a small chat board called Delphi. The site still exists but is growing cobwebs. Harry Hooks, Patricia Lupole and a few others have been holding down the fort and providing support at HCVets.com as well as on various Facebook sites. I was the newbie in 2008.  Her dogged pursuit of the magic nexus to the sure knowledge something was amiss is legendary. It should come as no surprise that she has finally unearthed the Rosetta stone.

THE HISTORY OF THE JETGUN

downloadThe CDC finally threw in the towel in 1997 and said the jetguns were unsanitary. The US Government, by and large, had ceased by 1998 and reverted (at great cost) to one-shot disposable syringes and begrudgingly accepted  rational thinking on sanitary protocol. But let’s go back to the fifties and the Elvis era when this all began. Medical personnel   could be excused for being ignorant on this when jetguns first made their appearance, right? Wrong by a country mile.

Here’s some of the now-released literature that shows the lack of training on this device. I doubt anyone ever  saw a pecker checker grab the backside of their arm, pull the flesh back tight and administer the jetgun blast at a perfect 90° angle after carefully seating it against the flesh. All the ones I had were “hit on the move” or a half-hearted attempt to at least nudge the nozzle tip against the skin. Obviously, had the “technicians” used their off hand to hold the arm securely while tightening the flesh, the incidence of flinching would have been controlled for the most part and bloodshed would have been extremely rare.

FullSizeRender (4)FullSizeRenderFullSizeRender (1)FullSizeRender (3)FullSizeRender (2)Pretty damning so far. But wait. It gets worse. Lest we forget, many of us died. We must never allow this to happen again.

jetgun 2

Think back on your jetgun experience, ladies and gentlemen. Do you recall hearing “1001, 1001, 1003”? Do you recall the technician gently swabbing the site with a clean cotton or gauze material to remove any excess vaccine? I recall “Keep moving! Stand perfectly still when shot. Do not flinch or jerk. Next?” There were forty four men in my Flight. It took less than five minutes for us to get our first round of immunizations on about Day six. The second round went even faster because we were smarter.

NOD DOES BASIC

Chapter 6 page 6-20 begins the discussion on jetguns. You will find the Army Manual has a completely different idea on how all this was done. References to “sterile procedures” pepper the chapter. Everything written would indicate your experience was sanitary, sterile and risk-free if the procedures were followed.

HOW TO USE THE KNOWLEDGE IN A JETGUN CLAIM

The reason you can contradict what actually happened via your lay testimony is you can describe this in non-medical jargon. You do not have to say it was unsanitary. You merely have to recite what actually happened-the “wham-bam! thank you ma’m!” nature of it with the occasional twit who jerked and got blood everywhere. You can recite that, contrary to the accepted procedure in the book (below), your arm was not wiped following administration of the vaccine. The presumption of regularity that The Army was proficient in what they were doing is now rebutted. Sanitariness was no longer guaranteed because the operating protocols were not followed. You do not need to be a doctor to state this. Layno versus Brown (1994) tells us we can report what comes to us via our five senses. If we did not visually observe Bozo wipe our arm after the shot, what else did he forget to do? How about holding your arm with his non-jetgun hand?

The manual is not just a font of info for rebutting jetgun sanitariness. The manual also demonstrates many non-sterile techniques of the era and shows other potential paths to infection.

Here’s the manual. I want each of you to think how many died without getting service connected because the VA and the military went out of their way to prevent it’s disclosure for a long, long time. It holds the recipe for success. It’s in .pdf and easy to download to your computer.  Whisper “Thank you, Sylvia” when you do. It is she that made this possible. I almost can foresee HCV becoming a presumptive if enough of you get this into your c-files and before the BVA and the CAVC.

Army_Medical_Department_Handbook_of_Basi

Posted in Army Medical Manual, Guest authors, HCV Health, HCV Risks (documented), IMOs/IMEs, Jetgun BvA Decisions, Jetgun Claims evidence, Nexus Information, research, Tips and Tricks, Vietnam Disease Issues, Vietnam War history | Tagged , , , , , , , , , , , , , , , , , , , , | 29 Comments

CAVC–PHIL AND VICKI’S WIN UP AT THE BIG HOUSE

Posted on March 14, 2015 by asknod

vetcourtappealspromoFebruary and March have been fortuitous months for wins, apparently. I haven’t been on a roll of this magnitude in years. We began with Leigh’s win and Kelly’s was right on it’s heels. My Writ compounded it with interest and almost immediately I heard from Miz  Vicki telling me of hers and her husband’s long battle to the Big House for justice. Writing that book is beginning to have a financial impact on VA. Concepts like nexus letters and credibility determinations are now becoming household terms in Veterans’ lexicons.

We can only wonder how it is that our VSOs disremembered these important ingredients all these decades we have fought for service connection. I read a DAV honcho had stated he had 16 (sixteen) months of training in the field of 38 CFR and considered himself an expert yet he was unaware of any bump in the SMC if you had an additional 100% rating above and beyond the first one. Sixteen months, ladies and gentlemen. I want to see their chapter on providing IMO/IME/nexus letters and a careful briefing admonishing the Vet filing to make sure he obtains one. Seems that chapter is AWOL and always has been. One quick look at recent BVA decisions reveals they’re still holding that knowledge captive like the ILP entitlement. Here’s a recent example:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp14/Files7/1455784.txt

Anyway, let’s rejoice for Vicki and Phil. A long journey into the night has finally concluded. It’s all over except for the rating. That will take some time as the BVA hates to be the loser. After they finish pouting for a few months, they’ll get to work.

Vicki and Phil have been fighting this as long as I fought my claim for hepatitis and AO-1994. Twenty one years of denials and obfuscation. So much for the CAVC and BVA’s admonition of RFN. VA most assuredly marches to the beat of their own deaf drummer boy.

Here’s another claim to put away in the win file cabinet. By now they are  too numerous to count. Strangely, that is satisfying. I do know we have only had three that lost outright and I still hold out hope for a win on Malcolm “in the Middle” Melancon. He has an excellent shot at a CUE claim for VA’s and Navy’s mismanagement  of his separation while still jaundiced with active HCV (misdiagnosed as HBV) in 1990. All in good time.

Vicki and Phil’s big remand win.

David E. Boelzner Esq.

For your reading pleasure. Curl up with an ice cold IPA and read of Miz Vicki’s adventures in VALand. They had an able law dog in the person of David E. Boelzner, Esq. We hope his phone will be ringing off the hook with breathless Vets in search of his expertise. You can reach him at:

PHONE

(804) 565-5973

EMAIL

dboelzner@goodmanallen.com

Win or Die VA

Posted in CAVC ruling, Earlier Effective dates, Medical News, Remanded claims, Tips and Tricks, VA Medical Mysteries Explained | Tagged , , , , , , , , , , , , , , , , , | 4 Comments

VARO PHOENIX–HCV WIN FOR KELLY AND JAY

Posted on March 14, 2015 by asknod
download

Hurricane Katrina

Hurricane Katrina has struck again and this time outside of New Orleans. We look forward to wins in this arena as being long overdue. When denied, which invariably occurs, we are left with few avenues to prove it. This is where having a good law dog to carry the water is essential. In Kelly and Jay’s case, it was imperative that they seek professional help as soon as possible to speed this along. Jay has come down with Hepatocellular Carcinoma or HCC as we know it. That’s the inevitable outcome in many cases for us. With Vietnam Veterans, the incidence elevates to 66% of the participants who consumed Agent Tang. I, too, worry about it.

While Jay served in peacetime in the 80s, he was still exposed to the jetgun risk and I had given them as much ammo and help as possible. Absent any good legal help at the local level (i.e. VSOs) until you lose, it was no surprise to get the waveoff. VA honestly believed Kelly would just buzz off. You do not have any idea how committed she was. I  rarely meet Veterans’ wives more determined to get their husband service connected.  Lori Molzan was one but there are many, many more. My email folder of Kelly’s queries doth runneth over.

Here’s the decision in .pdf.  Kelly and Jay’s most excellent win

EagleIt came as no surprise to hear of a win after the NOD at the Phoenix RO. Ms. Eagle was certainly a determining factor but Kelly had carefully crafted the claim using the advice I proffered in my book. They had several nexus letters including one from Dr. Ben Cecil. They had all the ammo needed for the win, but, as we normally suspect, the RO seems to imply they lack the needed permission to grant locally. Katrina whacked them in a DRO review on the same record. Perhaps she convinced them to actually read it or sound it out.

We are seeing this local denial metric turned on its head more and more frequently. No more is it absolutely necessary to fight for 8 years to eke out win at the BVA. Jay’s dire straits allowed him the 38 CFR §20.900 (c) advancement on the docket.  He is now 100% +100% +10% or what I consider to be 210% disabled. He will get his SMC L (or SMC S with Aid and Attendance) due to his precarious health. As he is not a post-9/11 Veteran, Kelly is not entitled to a Caregiver rating of SMC T. She could surely use that. Hopefully Congress will come to it’s senses soon and realize the dichotomy they have constructed.

I would point out that I received an email from Bruce Almighty illustrating the judicial inequality of this is legal terms.  Try this on for size:

 Wonder if any of these stalwart defenders of Vets [NOVA/ NVLSP] would volunteer to take on the guber-ment of the good ole USofA.  Specifically a discrimination suit originating in the halls of congress.

 

Best I can figure when the good ole boys passed without opposition the Care Giver Act of 2010 they broke at least 2 laws:

 Excerpt of letter to several senators…still unanswered.  “When your legislation to correct the discriminatory practices of providing care giver assistance only to post 9/11 Veterans was rebuffed, Congress broke specific discrimination laws that body earlier enacted,  to wit;

 Title VII of the Civil Rights Act of 1964 –

“An Act…to prevent discrimination in federally assisted programs…”

 Title I of the Americans with Disabilities Act of 1990 –

SEC. 12101. [Section 2]

(a) Findings. – The Congress finds that-…

(3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;

 (b) Purpose. – It is the purpose of this chapter-

(1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;

Hope one or more of these [VA] law dogs will put on the cape of ‘truth, justice, and the American way’.

 ‘Hovering to POL for hot refuel’

Let us hope this will come to pass in the near term so Kelly and Jay can partake of it. The inequity is glaring and blatant. As I so often implore: What’s the difference between a Grunt who survived a Bouncing Betty in 68 and a post- 9/11 Vet who ate an IED?  The injuries can be identical but the remuneration is far different. SMC “T” is currently awarded at the R2 rate or an additional $2,983.00 per month.

(t) Subject to section 5503 (c) of this title, if any veteran, as the result of service-connected disability, is in need of regular aid and attendance for the residuals of traumatic brain injury, is not eligible for compensation under subsection (r)(2), and in the absence of such regular aid and attendance would require hospitalization, nursing home care, or other residential institutional care, the veteran shall be paid, in addition to any other compensation under this section, a monthly aid and attendance allowance equal to the rate described in subsection (r)(2), which for purposes of section 1134 of this title shall be considered as additional compensation payable for disability. An allowance authorized under this subsection shall be paid in lieu of any allowance authorized by subsection (r)(1).

That’s a hefty increase in compensation.

P.S. Kelly writes me this AM ( 3/15) to clarify that Jay did serve in Desert Storm in 1991. I apologize for shortchanging his deployment to a war zone. Us gomers from the Vietnam Boundary dispute just automatically assumed everyone who came after May 7th, 1975 served in the Peacetime Army until the next political uproar in the 90s.

Posted in HCV Health, HCV Risks (documented), Jetgun BvA Decisions, Jetgun Claims evidence, SMC, Tips and Tricks, VA Medical Mysteries Explained, vARO Decisions | Tagged , , , , , , , , , , , , , , , , , , , , | 4 Comments

FRIENDLY FIRE IN 1967 FINALLY RESULTS IN BELATED PURPLE HEART AWARDS

Posted on March 14, 2015 by asknod

downloadI’m not sure why it is that the US Government cannot bring itself to honor those it puts in harm’s way until forced to by the court of public opinion or shamed into it. Our erstwhile member, Veteran Butch Long, whom we advocated for, and finally succeeded, also endured this interminable wait.

Maple Syrup Frank of the miniature state of Vermont, sends us this interesting tidbit. Marines at an adjacent firebase north of Da Nang inadvertently shot down a Chinook CH-46 with four aboard after their resupply mission to an LZ. I suppose it could also be said that the chopper crew might have run into the 155 howitzer round. However, there is no confirmation yet that Brian Williams was in the Chinook right behind it and hit by shrapnel from the artillery round. You know how those pseudo -combat Marine types are always chasing a headline and looking for medals. In this case, the Marine hierarchy decided to cover up what was undoubtedly going to be some bad PR at the time by simply denying the awards. To continue to do so in the ensuing years long after the Southeast Asia War Games concluded was simply over the top. REMFs often get that feeling of dread and are paralyzed from the neck up when faced with these decisions decades later. The tired axiom of “let sleeping dogs lie” seems to be their motto.

Ladies and Gentlemen, please belatedly welcome (clockwise from top left) Dan Jones, Raymond W. Templeton, Glenn J. Zamorski and Conrad Lerman to the pantheon of Purple Heart recipients long overdue.

14PURPLEHEART-blog427

With the decision in Ft. Hood, Texas to award Purple Hearts to all the wounded and dead at the hands of the crazy raghead Major, it only seems natural that this 48-year holdover be settled and the debt to America’s fallen paid in full. Actually, in 1993, Congress opted to do away with this and award the medal regardless of whose bullets were involved. How in good conscience could you put troops in harm’s way in any conflict (or war) and deny them a medal based on it being the wrong flavor of ordnance fired by the wrong party? From my own personal experience, I have observed that bullets are notorious for being equal opportunity seekers. Some Poohbah figured this out in Iraqistan and made the magnanimous gesture of mis-awarding it (in the Military’s tortured mind) while others were denied under like circumstances.

The downside is that eventually Purple Hearts will be awarded for ingrown toenail owies that occur in near-combat situations. I can’t say Ft. Hood was a combat environment no matter how much it might of felt like it. Make no mistake. I do not imply that the medal should or should not have been awarded to those wounded and killed by Major Hassan. I merely point out the circumstances (non-combat) do not remotely qualify them for the award. By this metric, the medal could, in the future, lose any intrinsic meaning of the sacrifice involved prior to the actual wound. This disturbs me. The award of the medal had gradually been relaxed in a meaningful manner and the award for friendly fire was well within the parameters of what most would constitute a logical interpretation. In the heat of combat, bad things happen to good folks. When we got a FRAG order for TIC (troops in contact) and rushed to a beleaguered Lima Site, we tried to be as careful as possible when marking it for the airstrike. Napalm respects no one-friend or foe. Shit happens. To deny a medal simply because the wrong troops administered the ordnance is certainly not what Gen. George Washington envisioned when he created the medal.

021313-dist-warfare-medal-800-300x253As we know Secretary Chuck Hagel was faced with this dilemma in the formative stages of the new medal for drone operators which would have ranked above a Bronze Star. Would choking on M&Ms or spilling Mountain Dew on your tunic further entitle you to a V for Valor as well? You can see where I am heading with this. A Purple Heart implies much more than the cloth and the color. It is (or used to be) testimony to bravery under fire much like a Combat Infantry Badge where you have the misfortune to incur a permanent mental reminder of your encounter rather than a mere stain on your uniform.

Constantly moving the goal posts for any medal criteria cheapens them for all those who came before. Perhaps it would be smarter to create a “friendly fire” medal for those rare folks who encounter this at the Fort Hoods across the fruited plain. Mayhap even a similar (or the same) medal for those near-combat experiences in the rear echelons like Kuwait where the potential, imminent threat of violence was ever-present from… well…from someone or something. Perhaps food poisoning from MREs?  I have read there are cases of Vets filing for PTSD in these circumstances. I make no judgement on their choice to file or their belief they were irreparably and permanently injured/harmed. I merely employ my “Devil’s advocate” argument to bring it up for discussion.

Medals, as a whole, are a throwback to chivalry, knighthood and honor in battle. They have gradually segued into somewhat of a necessity. Anyone who was near the conflict suddenly is awarded a medal simply for being in the vicinity. That progressed into numerous “campaign ribbons” from various countries on top of America’s recognition. Thus Vietnam Veterans sport the VSM, the VCM and the Cross of Gallantry. Those who fought in Europe in WW2 were awarded the ETO campaign as well as a Victory in Europe medal in addition to any awards for individual bravery. I call this the “Everybody was impacted” syndrome. It must be good for morale. Conversely, I cannot say the prospect of a MOH for jumping on a hand grenade would be an inducement to do so. Everyone’s hero meter has a different setting. In Vietnam, I witnessed the phenomenon of both troops running towards the sound of gunfire as well as the obverse.

This approach to medals eerily reminds me of the proclivity among youth sports leagues nowadays. In the nineties, my son played soccer. One year, they ceased awarding trophies to only the most successful team at the end of the season. In lieu of this, all teams were given the same size trophy as a “participant” so Jane’s and Johnny’s feelings wouldn’t be irreparably damaged and their psyche forever rent asunder by the failure to be a winner. What the hey? Everyone’s a winner. 14 missions on the soccer field and a campaign medal for participation.  Onward for St. George! God sends the Right!

Mind you, this is my opinion. I come from the old world metric that says a military medal should be a reward for a given action- especially a heroic one. By rights, the more heroic the action, the higher the award should be. At this rate, the town of Sandy Hook, Connecticut will be awarding Medals of Honor for the poor children struck down by that insane Lanza fellow. Eventually, every town in America will be striking their own for their citizens and policemen. Wait. They already do. Hell, many of you may have already won an award and are simply unaware of it.

Congressional Pain in the Ass award

 

 

Posted in All about Veterans, Inspirational Veterans, Milestones, Vietnam War history | Tagged , , , , , , , , , , , , , , | 3 Comments

VA Office of Research and Development (ORD)

Posted on March 11, 2015 by Laura
Hansel_und_Gretel_(1)

Image: Wikipedia Commons

The VA conducts research, some of which is later published in scholarly journals; some which remains unpublished.   The ORD also has information on research in the publishing pipeline that the public doesn’t have access to because it’s on a private VA intranet.

It’s frustrating to encounter publisher pay-walls when wishing to read taxpayer-funded VA research.  Although it’s clear that many, perhaps most, VA research is seriously biased in their study designs and conclusions, they still contain data that we can use to help us understand the HCV epidemic in the veteran population.  And besides, some sympathetic VA researchers, the Hansel’s, leave “breadcrumbs” to unbiased conclusions and research that close reading of footnotes and remarks may reveal. 

The VA’s access rules are here (LINK): VHA HANDBOOK 1200.19, July 10, 2014

PRESENTATION OF RESEARCH RESULTS

…The American public has a right to know how public funds are expended as well as the outcomes of funded research…

…To meet this requirement, investigators are responsible for depositing manuscripts in PubMed Central, operated by the National Institutes of Health’s National Library of Medicine (NLM), upon the manuscripts’ acceptance for publication. Articles with a publication acceptance date of February 1, 2015, or later are to be included. Deposited manuscripts are made available to the public in PubMed Central no later than 12 months after their publication in a journal. For specific procedures for depositing manuscripts, please visit the following NIH page:http://www.ncbi.nlm.nih.gov/pmc/…

When you know where the VA research you’re interested in was conducted, you can search by state or city or name here (LINK); going directly to the researcher might be a quicker way to access research still within the 12-month window. What I would really like to know however is how to read the titles of the unpublished research and perhaps nominate them for publication in an open access journal. 

Questions?  You are invited to e-mail vhacordera.vhacordera@va.gov or call 202-443-5600 about public access to VA research.  We paid for it; we should be able to read it.

To search papers and citations by keyword, or center and year, go here (LINK).

 

Posted in Guest authors, vA news, VA statistics | Tagged , , , , , , , , , , , , , , , , , , , , | 1 Comment

Century-old hepatitis miscellany from Minnesota

Posted on March 9, 2015 by Laura
bad way

The Pierz Journal (Pierz, Morrison County, Minnesota), 1915-12-02

1915

In a Bad Way

“Where are you off to in such a hurry?”

“To fetch the doctor for my husband.”

“What’s up with him?”

“He tells me he has got hepatitis, dyspepsia, rheumatism, enteritis, gastritis, appendicitis, nephritis and cerebro spinal meningitis.”

“Holy terrors!  Where did he get all that?”

Why a man induced him to buy a medical dictionary, and he’s just been reading it.”

______________________________________________________________ Gee, folks with virulent liver trouble had it made in 1911–only 25 cents for Dr. King’s New Life Pills.

jaundice

Starts Much Trouble. If all people knew that neglect of constipation would result in severe indigestion, yellow jaundice or virulent liver trouble they would soon take Dr. King’s New Life Pills, and end it. Its the only safe way. Best for biliousness, headache and dyspepsia, chills and debility. 25c at E. L. Kaliher. The Pierz Journal (Pierz, Morrison County, Minnesota), 1911-11-02

______________________________________________________________

Old-timey MN remarks on a British Lancet article.  Anyone with a history hepatitis knows the itch referred to here in 1937.

itch

Itching Pruritis. It has been truly said that “all the world itches, but for different reasons in different persons.” Thus the very cleanest and the very dirtiest individuals itch; those who perspire too much or not enough, itch; those who are big eaters and those who are small eaters, itch. Itching, or pruritis as it is called by physicians, when it exists for any length of time has usually been referred to a skin specialist. However itching can be a symptom of so many ailments that is is really the work of the family physician, according to an article by Lord Horder in the British Lancet. He mentions among other causes of itching such ailments as diabetes, jaundice, leukemia (great increase in the white corpuscles in the blood) and uremia (waste products left in the blood that should have been removed by the kidneys). The Pine River Journal (Pine River, Minnesota), 1937-04-01

________________________________________________________

But, not to worry, there are new remedies in the 1930s for sale:

liver

The Pine River Journal (Pine River, Minnesota), 1938-03-03

Catarrhal jaundice is now known as HAV. It is described in reports like this 1901 outbreak in the UK (LINK).  But even as late as 1961, researchers thought there were at least two strains of the virus but were still floundering around–as expert W. Paul Havens explains in Viral Hepatitis, Yale J Biol Med. Dec –Feb 1961-2; 34(3-4): 314–328., (LINK).

The Havens article also provides a sense of how a big a problem hepatitis was for the military during WWII.  This corresponds with this chart by Google showing the use of the word “hepatitis” in books over time.  Yet even in the 1800’s, when books (in English), or physicians, were not as available as they were in the mid-19th century, the topic is one of steady concern

hep ngram

Google’s search for the word hepatitis in BOOKS shows that the mentions begin to rise in the mid-30’s and takes off in the 1940s as a hot topic.

 I’m pleased with these finds and know they are just the “tip of the iceberg” in terms of the history of likely hepatitis strains in the U.S. population.

Posted in HCV Health, HCV Risks (documented), Medical News, Military Madness, Presumption of Regularity, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , , , , | 2 Comments

CAVC–BIRTH OF A WRIT- ACT III SCENE 8-DOWN FOR DOUBLE

Posted on March 8, 2015 by asknod

vetcourtappealspromoA short while ago in VA time, when I won my claim in June 2008, I noticed they (VA) forgot to go back to 1994. That wasn’t a deal breaker. I knew they weren’t going to pony up without a good fight. What I didn’t see coming was the rater, Victor Morales convincing  me to throw in the towel on my newly filed claims for cryoglobulinemia and fibromyalgia. I didn’t know I was going to win the Hepatitis and porphyria claims when I filed them. I felt it was prudent to file for any that might kill me.

When I was told of the big 100% win over the phone, the rater said there simply was no higher rating and it might be a good idea to let some of the other Vets in line get a shot at justice, too. I readily agreed and withdrew the claims. Unbeknownst to me, they were completely developed and ready to rate back in September 2008 when I pulled the plug. There they have sat complete with private doctor nexus letters for seven years.

images

Dad and crew chief in November 1944 (only three kills on canopy)

When the VA tipped their cards and indicated they would not be granting the Motion to Revise my 2008 rating, I figured I needed a down for double path to an extra 60% to attain SMC S. I had 40% for porphyria and 10% for tinnitus. In VA math I needed another 20% for anything to get to the S rating. My two diseases above would grant me enough to reach the 60%. Problem solved. Unfortunately VA buried them somewhere and never made any effort to decide them. Fast forward to March 2015 and a red hot Writ.

In typical fashion, VA chose to run around the vehicle in a Chinese fire drill. They granted the SMC S under another method  but still continued to develop the Cryo and Fibro. Had they a good negotiator, we could have saved them oodles of time. Mr. Mark McNabb could have  offered to teleconference with LawBob Writpants and make some quick off the book deals which would have been greeted fairly. Instead, in true OGC fashion, Engine #6 was dispatched to 625 Native American Ave. NW and Mark was instructed to put out the fire poste haste and call in another ladder truck and a tanker if necessary.

Several days ago, on Friday, I attended my required C&P examination for cryo and fibro at QTC. Everyone including the doctor was swell. Cupcake helped me in and out and we both told a sordid tale of a year in the VAMC, bodily insult and infections. Dr. _________ gave me the exams which involved an oral interrogation for the cryo symptomatology and the pressure points to ascertain Fibromyalgia. A quick tube of blood and we were history. Coming out, a fellow Brother of the Red Clay had a lovely bumper sticker I must possess.

Vietnam — We were winning when I left.

downloadThe naming of this chapter is a memorial to my father. His fighter in WW2 was named the same -Down for Double. Dad was very fond of this Blackjack trick. It often guaranteed two payouts. He also was fond of keeping the sun at his back in true fighter pilot fashion. Don’t worry about your six. That’s your wingman’s job. Concentrate on the hunt. The hunt here was for that elusive 100% for porphyria but now VA has compounded the bet by forcing me to go down for double. When all is said and done, my actual rating may be well over 250%.

Excuse me but this is becoming ludicrous. I want them to husband scarce judicial resources and grant that which is blatantly evident in the c-file. VA is so obsessive-compulsive they feel obligated to proceed strictly by the book. Considering McNabb has great leeway to “arrange” these things, one can only wonder at the Keystone Cops comedy that is unfolding each day. Cupcake counted three assistants and the doctor at the C&P. That will run about $ 850 for each exam.

Add in turning the Seattle RO into an exclusive claims center for one Vet all week on the 17th through the 27th of February and you’re talking some serious baksheesh.  Across the country McNabb and his little people put a dent in the National debt over the same period.

I feel at this stage as though we are dealing with the Gang who couldn’t shoot straight. All you budding law dogs should take note. This isn’t a claim on appeal and OGC’s staff attorney is normally precluded from addressing you directly. The accepted way to proffer a repair order would be to do it in the Respondent’s response and retire gracefully. VA is still trying to play the incremental game of slowly advancing your token up to 100% from 10%, then 40% and the latest 60%. We are at seven years on this now and I grant you they have reached 60%. That last hurdle is what we will negotiate in the next few days.

It never ceases to amaze me how many resources can be deployed to defeat a Vet for such a long time to stave off the inevitable. Surely, someone with basic forensic claims skills could have fathomed this. You don’t need Hooked on Phonics to accomplish it. Nevertheless the Blind continue to lead the Deaf and get well-paid for it. I cringe to think how much time and money is being squandered to fix something so obvious for so long. We look at this claim and see the rot, the entrenched mindless regimen and the futility of accomplishing anything in a timely fashion.

FOPEJV1HLZROC8J.LARGEThe next few days will be anticlimactic and then Judge Davis will inveigh. That will be the “fat lady singing” moment that indicates it’s over. Or not. Could be McNabb will become incensed and throw down. Stay tuned. I’ll remember to keep the sun at my back. LawBob is my wingman so it’s his job to cover my six. He seems to be doing that quite well.

 This is a continuing series on how to file an Extraordinary Writ. Click here to read the final installment. All in all it was quite successful in provoking Secretary Bob into acting.

https://asknod.wordpress.com/2015/03/22/cavc-birth-of-a-writ-act-iii-scene-9-welcome-to-the-hotel-california-again/

Posted in AO, BvA Decisions, C&P exams, CAvC HCV Ruling, CAVC Knowledge, CAVC ruling, Earlier Effective dates, Porphyria Cutanea Tarda, SMC, Veterans Law, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , , , , , | 15 Comments

CAVC–BIRTH OF A WRIT-ACT III SCENE 7–I’LL SEE YOUR ‘ME WORRY’ AND RAISE YOU 10

Posted on March 5, 2015 by asknod

vetcourtappealspromoIn a poker game, you don’t want to scare them off with a superior hand, but rather inveigle them to see you and raise yet again. We’re playing VA poker here so I want to convey the futility of further bets but let Mr. McNabb depart with his dignity and his pocket watch and fob. He is free to fold gracefully-as he should. I firmly believe he is at liberty to do this and is not being pressured to hold the line by higher ups. By the same token, he has delegated far too much authority to the Seattle RO and little people like VSCM AynMarie Lofgren. 

The CAVC is an august body who is legitimately head and shoulders above the legal riff raff  in Seattle as well as the OGC. They will not take lightly the stance of  a Veterans Service Center Manager telling Veterans they will get their c-file when it is damn well “ripe for copying”. Nor will they cotton to a condescending attitude of “semi-compliance” after a dilatory twenty two year lesson in how not to adjudicate claims. As for Mr. McDuff’s belief that a score and two years hardly meets the threshold of a refusal to act, I look forward to Judge Davis’ opinion.

Miz Lofgren has been hung out to dry by Mr. McDuff’s inattention to law business. He allowed her to use hangman’s language in her affidavit. She could have correctly stated  it based on “information,  knowledge and belief “instead of the much higher standard of a stack of Bibles with her right hand raised. She has been fed the OGC Koolaid and inadvertently perjured herself in the offing. Bummer, Ayn. Did they promise you a performance bonus?

Poker-Clip-Art_straightTomorrow the sun will rise in Seattle but Ms. Lofgren will be busy seeking legal counsel to extricate herself from her falsehoods. Mr. McDuff will be looking at his hole cards and making plans to either bluff again or fold. I never thought it would come to this to be truthful. But then I miscalculated VA’s entrenched intransigence.

Motion of Petitioner to Strike affidavit

I take no pleasure in wreaking havoc on these folks. I have given them ample time, in my view, to comply. Their recalcitrance is incomprehensible in light of the weight of evidence against them, yet they refuse to chieu hoi. What part of non adversarial was lost in this twenty two year dialogue? What did I say or do to offend them? Unless I am mistaken, ’tis I who is the aggrieved party.

This is one in a series on how to file a Writ and win it. To see the next chapter click here:https://asknod.wordpress.com/2015/03/08/cavc-birth-of-a-writ-act-iii-scene-8-down-for-double/

Posted in CAvC HCV Ruling, CAVC Knowledge, Earlier Effective dates, Extraordinary Writs of Mandamus, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , | 8 Comments