COCO-COLOSSAL

hugfest-2013-indiana-084I’ve been telling you about coconuts and your liver for years. Science and medicine finally ‘discovered’ it. Great article on liver health and another from me a year or more ago. Coconuts traveled with us to Hugfest in Indiana in 2013. Don’t leave home without it. 

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VSOs NOW CHARGING FOR SERVICES

Battle CreekApparently, in a new development for Veterans, VSOs everywhere have instituted a new policy of charging Veterans and their widows for help in getting service connection. The Battle Creek Enquirer, in what appears to be the scoop of the century, discovered VA County Director Scott “Show me the Money” Losey had a lucrative moneymaker on the side. 

After a long diatribe by DAV president and CEO Arthur Wilson last year on the subject of lawyers charging Vets a stupendous 20% for their services, Mr. Losey’s new ploy to milk Vets and their widows for “lunch money” seems a little disingenuous.

Contemporaneously, Law dogs had been limited to representation for a maximum of $10. In 2007, Congress opened the flood gates and permitted us representation at the BVA level on appeal as well as allowing a paltry 20% maximum for their representation. Considering most attorneys in the real world charge 40% for anything regarding lawsuits, we’re still getting a bargain. Apparently Mr. Losey wanted a cut of the action due to his expertise and success in this venue.

When caught with his hand in the cookie jar, or, in this case, a widow’s $200 check in his wallet, he patiently explained it thusly:

“It was a “voluntary donation”.

Capture 3Here’s another take on it  including a video of Mr. Losey patiently explaining how this whole thing has been misinterpreted and denying any wrongdoing. Mr. Losey feels that the Christmas spirit often moves Vets to share their morphine sulphate prescriptions and “dead presidents” generously and he can’t see what the problem is.

We’ll keep you apprised of this new VSO requirement as the story develops. In the meantime, it may behoove Veteran litigants to entertain the idea that they may have to “sweeten up the pot” if they want to get any action on their claims.

Shocked. I am shocked, I say. All this time I’ve been settling for hand-knapped arrowheads and maple syrup and I could have had a new transmission for my F-150. Do you have any idea how inconvenient it is to sit in a cold truck and wait for the tranny to ‘kick in’ when it finally warms up? Knowledge is power. From now on the admission fee is going up at asknod. Merry Christmas, Mr. Losey and thanks for the head’s up.

 

Posted in ASKNOD BOOK, Complaints Department, Veterans Charity concerns, VSOs | Tagged , , , , , , , , , , , , , , , , , | 3 Comments

CAVC– BIRTH OF A WRIT ACT 1 SCENE 3 -CLEARED IN HOT

imagesPITA 26¹ calls white smoke on target designator VBASEAT. Postal 21 come left to 915 2nd Avenue- target is Floor 11-repeat floor 1-1. Confirm over.

Roger PITA 26- 21 confirms Willie Peter on 1-1. Turning on 2nd Avenue. Time to target is 30 seconds. Load out is Priority Overnight. 250 Knots IAS. Over

PITA 26 copies Peru Oscar. 21 is cleared in hot.  Exit and turn left to Madison Street after release. Stay on 272.7 and standby for BDA. Repeat– 272.7 MHz and hold at 2 klics for Bomb Damage Assessment, copy?

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¹Pain in the Ass.

VBASEAT

 

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Perfect. At least it won’t be hot coffee he’s blowing through his nose this afternoon.

This a series called CAVC–Birth of a Writ. Go here to view the next installment in the series and to learn how to file a Writ.https://asknod.wordpress.com/2015/01/08/cavc-birth-of-a-writ-act-1-scene-4-troops-in-contact/

 

 

 

 

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CAVC– BIRTH OF A WRIT– ACT I, SCENE 2 FAIR IS FOUL

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Round about the cauldron go; In the poison’d entrails throw.

Remember that lovely scene in Act 4 S 1? Allow me to transpose it back to Act 1, Scene 2 . The Writ is born and airborne. But the effort and the pace for the last two weeks since the day after Christmas has been frenetic. One thing you will find exciting about CAVC Writ proceedings is the whirlwind speed with which they transpire (in VA time).

First Witch : Eye of Groves

Second witch : Tears of Erspamer

Third witch: Essence of Harvey Impatience

All witches in unison (loudly): And Sweat of Poussan!

The witches of course are SquareBob,  his minder Heather and myself. We have labored long and stirred the laser ink jets. We have cogently tried to express the inexpressible disbelief that VA could be so callous and uncaring for lo these twenty plus years.

Nevertheless, let’s put on our happy faces and begin the Play. The actors are assembled and here is the cast:

CAST of characters

Everybody got the royal USPS Priority Express treatment so no one’s feelings will be hurt that they got second class service.  We can also begin the party and watch things happen sooner rather than later. Remember how you go on the NORAD site and track Santa across the globe on Christmas Eve for your kids? Well, just for your entertainment, we’ll get to see in near real time when these boys and girls get their little presents from the Left Coast. Here’s the USPS tracker for the Court:

CAVC Incoming

Madames  Bradley and Hickey and Monsieur McDonald’s trackers are here:

Ms. Bradley, brand new at the OGC and a real party pooper from what we hear:

 

Writ Bradley

Next Ms. Allison in Wonderland:

 

Writ Hickey

And lastly, Call me Bob’s reminder that the twenty year alarm went off about a year ago. Hey, Bob. My phone number’s on the Certificate of Service if you want to call and talk about this…again…not. Just kidding.

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Writ-McDonald

priebMr. Prieb is the Seattle, Wa. VA Director. Do not confuse him with the manager who is known in VA parlance as the “Veteran’s Service Center manager” or simply VSCM. They are entirely different entities. Your battle with the local yokel with shit for brains will always be this joker. Knowledge is power in this quest for the quintessential perfect Writ.

Mr. Prieb’s missive will hit tomorrow by 1500 Hrs L. He will be the lucky first respondent and will enjoy this little story before his friends get to.  I’m debating taking the liberty of calling 911 for an aid car  a suitable time after 3 PM.

Writ Prieb

To give you an idea of how many trees died, it took three packs of paper and then some-probably about 1800 to create and send 1,568 to VA and the CAVC. The stack of paper to the CAVC was 4 inches tall without the CD. Each offering to the other 4 was 2″ for a total pile over 8 inches high. Total weight 18 lbs , 2.80 ounces. The Writ filing is 96 pages.  For $125 to get everyone on the commo link, there’s Mastercard. The look on their faces Thursday? Priceless.

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Leigh A. Bradley, Start your M21 1MR post hoc rationalizations computer up and come onnnnnnnnnnnnnnnnn down!

And this just in. News and film at six here in VALand. Exciting photos of the actual creation of the files and prepping them for mailing.

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CAVC 8 copies, check and CD

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Allison and Mr. Prieb

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CAVC ready for launch

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Incoming Bob.

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Round up the usual suspects. Call VAOIG and get a man to Seattle to Cover my Ass now.

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Launch @ 1337 Hrs L

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Veteran Jay who works at the Vaughn WA post office and who saved me $120 by “repackaging it in flat rate”

The  Birth of a Writ Series continues here:

https://asknod.wordpress.com/2015/01/07/cavc-birth-of-a-writ-act-1-scene-3-cleared-in-hot/

Posted in AO, CAVC Knowledge, Extraordinary Writs of Mandamus, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , , , , | 5 Comments

2014 treatment guidance to VA providers of patients with extra-hepatic HCV disorders

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Click to go to VA site

Providers are told that in cases where there is no “significant extra-hepatic disease” treatment can be deferred.  But they are told NOT to delay treatment, even with mild liver disease, when these are present (Table 12–scroll down). These are the urgent extra-hepatic disorders linked to HCV without reservation:

Leukocytoclastic vasculitis (Medscape images) (foundation)

symptomatic cryoglobulinemia (Medline–images right menu)

membranoproliferative glomerulonephritis (Medline symptoms etc.; Medscape–secondary cause: HCV)

A large VA database 2002 study, Extrahepatic manifestations of hepatitis C among tipUnited States male veterans,  compared HCV vets hospitalized from 1992 to 1999 (n = 34,204) with random controls (n=136,816)  and found other complications.  This study has been cited by 34 papers in Pubmed.  Although I’ve only read the abstract, the information is interesting but not current.  HCVets has more current information on extrahepatic conditions their website.  It would be useful to know ALL of the extrahepatic manifestions the VA acknowledges and what “significant” means in the case of each. 

A good 2010 NYU slideshow indicates that a lot of work is being conducted on this topic. The lists are getting so long it’s hard to image anyone with HCV (active or inactive) without at least one known complication.

Posted in HCV Health, HCV Risks (documented), Jetgun Claims evidence, Medical News | Tagged , , , , , , , , , , , , , , , , , , , , | 3 Comments

CAVC– THE BIRTH OF A WRIT

VetCourtAppealsPromoHappy New Year to all and an apology is in order. I have been deeply immersed in my Opera Dei with my rainmaker. This Writ which I mentioned in December is for the whole shooting match. As some of you who “do law” have recently witnessed, Mr. Gene Groves recently handed the VA their ass on a platter- not that it required Sherlock Holmes and his bloodhounds to find the corpus delicti.

VA’s legendary ham-handed tactics leave more fingerprints on that c-file than there’s quills on a porcupine. Conversely, their inaction is equally just as evident by the dearth of documents that should  have accompanied all his (Groves’) missives. This is evident when you read some of the extensive docket in 14-269. Contrary to VA’s law for us, absence of evidence in this case was most definitely horribly and indisputably negative evidence and butresses our newest and most Holy Proscript for the new year- the dreaded Presumption Of Regularity. From here on out, we will begin abbreviating this as the POR. Remember it and keep it holy. POR is gun in a rocks/paper /scissors VA game.

VA has long waved it’s own POR flag over the centuries and with great success. In VAworld, the first cracks in POR of the mail began with Rios v. Mansfield. back in 2007. Actually, Butler v. Principi touched on the general idea in 2001 (see below) I wrote it up to illustrate how it works from both sides. However, Jurisprudence runs far deeper on this whole POR game these days. Far too often in the judicial arena,  we are given the perfect opportunity for a roundhouse left sucker punch that could put Will. E Gunn’s new protégé, Leigh Bradley. out cold on the floor. Many attorneys, pro se Vets and, of course all VSO service reps. miss this legal opportunity to knock one out of the park. Hey, it’s a free shot. VA walks right into it. To give them a bye on it is foolish. Make them look like boobs.

In the haste to cite to regulations broken or ignored, all too often two priceless areas are overlooked. The POR- check. But what of the lovely 10 commandments sitting in there front and center at the start of 38 CFR § 4 ? When you get really immersed in it, you can start roaming the VA OGC Precedents for more ammo.

Without going that far afield, we see the early beginnings of POR back in 1983 but all jurisprudence in that vein was cited by those accorded the Presumption. They didn’t have to prove “actual compliance” because they were Poohbah’s with a capital P and were trusted to do the right thing always. Somewhere along down the line in VAland, it became increasingly obvious that VA didn’t always follow their own rules. VAOIG insists they’ve been telling us this about the VHA since 2005, but we just didn’t listen. And now we have another Phoenix VAMC rising from the ashes daily.- only in Denver, Seattle and Pittsburgh. Their criticism of the 58 Fort Fumbles across the fruited plain was far more muted.

The POR doctrine thus allows courts to presume that what appears regular is regular, the burden shifting to the attacker to show the contrary. United States v. Roses, Inc.,706 F.2d 1563, 1567 (Fed.Cir.1983).

download (1)Mr. Tommie P. Butler , with “Kansas Kenny” Carpenter (no relation to Karen of singing fame) as his shieldbearer, decided to disassemble this POR Rubik’s cube and see what happens when you stand on the other side of the mirror. This was the seminal case to point to and will be for a while for Vets. He lost as did Norm Gilbert and a host of others before him but an important concept began to metastasize. What appears regular is regular for VA. But this ax cuts both ways. Conversely stated, what appears irregular is irregular. If VA cannot, by the preponderance of evidence in the c-file, prove conclusively, as in Mr. Groves’ case, that they have done everything according to Hoyle, the grand POR façade crumbles.

What was left in Mr. Groves’ case was the reality that VA made absolutely no attempt to “listen” to him. You and I know this. Often we can’t get any definitive answers from the Puzzle Palace until we hire the law dog. Apparently they have all the phone numbers and email address of those we seek to inform. What? you guys and gals think Kansas Kenny calls the VA Prize Redemption Center at their toll-free 800-827-1000 hotline every time he has a question? That VSO Koolaid you’re drinking will kill you.

Mr. Groves will, very soon if he hasn’t already, be getting lots of correspondence from the Houston Regional Office which is his Agency of Jurisdiction. A lot of it should have been sent years ago, but hey, they still have Pony Express out there in Bugtussle. It’s not VA’s fault he decided to live at the ass end of nowhere. That’s the hubris the VA exhibits. You’ll be reading about VA hubris very soon in my new Writ.

tr6As for the “what appears irregular, is irregular”, this is the operable phrase for 2015. This is the smoking gun for us. If, by the sum of evidence, something essential is missing from your adjudication -say an SSOC that should by rights have been issued and wasn’t- this isn’t just a Cushman due process violation anymore. It becomes a double ticket- kind of like all those speeding while DUI I got back in the eighties when I was divorced and driving a fuel-injected TR-6 at 0201 Hrs Local. Correct. Think Cushman with Butler on top. The VA rater is no longer accorded the fig leaf of POR respectability if it can be shown he can’t adjudicate a claim correctly.

The teaching lesson today and for this glorious new year under the reign of Bob the Merciful is to look for that which doesn’t fit-i.e. irregular. If VA makes a broad, unsupported statement or grossly misinterprets a CFR, what you are really looking at is “irregular” which is synonymous with the word inept. If they are inept, the presumption that they are knowledgeable in all they do is rebutted . VA personnel, by virtue of POR, are presumed to be Superwo/men capable of leaping tall c-files at a single bound, more powerful than a Cray super-cool(ed) computer and faster mentally than a speeding VBMS word-searchable .pdf. By demolishing the foundation, little else is left standing. And here is the beauty of it. When you prove this violation, the burden shifts to the attacker (VA) to show the contrary. Boy howdy that’s a funny dance to watch.

Before the end of March this year and the twenty first anniversary of my 1994 filing, I hope to teach the finer points of POR.  Recognizing it sometimes can be as innocuous as VA just happening to inadvertently let drop that you were in Vietnam after vociferously denying the  idea for thirteen years. Or better, to accidentally grant a 10% Tinnitus claim for increase back to 1994 and think this chucklehead Vet is going to guffaw a few times like Gomer Pyle and go home.

2015 will be a banner year for VA CAVC and Fed. Circus jurisprudence. We’ve broken through the glass ceiling of VA’s respectability that has stymied us for so many decades. With almost twenty five years of VJRA-infused oversight and a more Veteran-friendly, paternalistic mindset finally being allowed to infect federal judges, we can expect to be greeted on a more even footing instead of feeling we’re climbing Mt. Everest without a Sherpa. With the 2007 revision finally allowing us real leagle beagles and not the VSO variety, our chances for a win increased astronomically on appeal. Just imagine what we could accomplish with a real attorney filing in our stead in the first instance at the VARO. They wouldn’t be forced to sweep up the broken glass caused by well-meaning service officers.

Gene Groves’ case taught me several things philosophically about the proper amount of umbrage to express but SquareBob Spongepants hit it perfectly from my perspective. His immortal words that kept me from diving off the deep end prematurely:

“You only have one chance at this to get it right Buckwheat. Think of it like this. You augered in with a dead engine. You’ve been waiting for an extraction for two days. The SAR txponder is dead (as usual). You only have one smoke grenade and you can hear that BUFF 53 pounding the jungle searching for you. You either hold up until you know you’ll get a visual when you pop smoke or you’re gonna be walkin’ home.”

Thank God ol’ Bob is going to roar in a week later waving my POA and do his Al Sharpton goes to Fenderson MO. imitation (“The Boy was dissed for twenty years, I say!). Great legal theatre is in store for all.   Act I -Poor pro se Vet shows up with Ferrari Writ from Hell authored by Clarence Darrow himself.

SquareBob Spongepants, Come on Down!

LawBob Squarepants, Come on Down!

This is the first of a multi-part series. Call it Act I. Scene one. Here’s the next scene

https://asknod.wordpress.com/2015/01/06/cavc-birth-of-a-writ-act-i-scene-2-fair-is-foul/

Posted in CAVC Knowledge, Extraordinary Writs of Mandamus, Presumption of Regularity, Veterans Law, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , | 7 Comments

The Phoenix VA Whistle-blowers

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Physical courage — something you find on athletic fields, for example — is very common, but moral courage is not. It is not easy to stand up for what is right when that might mean losing one’s job, one’s family or even one’s life. It is far easier to keep quiet and let things slide.  

Alice von Hildebrand (91), philosopher and theologian

This recent quote by von Hildebrand reminds us that it is not easy for anyone to confront evil deeds when we know that evil may prevail.  Retaliation for speaking out is common at the VA nationally.  Yet some people in Phoenix did confront evil and because of them, things should get better for thousands of people.  

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Ms. Pedene Has a new VA job as part of her settlement

Paula Pedene, a former VA spokesperson, reported financial mismanagement, and was removed from her $106,000-a-year job and exiled to a basement desk.

Damian Reese, a program analyst, complained to management about the wait-times and “had his annual performance rating downgraded by a senior official with knowledge of his email.”

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Dr. Mitchell

Katherine Mitchell was placed on administrative leave–but after the expose, received the VA’s public servant award last month.  The Republic writes, “Mitchell files a confidential complaint intended for the VA Office of Inspector General, channeled through Arizona Sen. John McCain’s office. Her list of concerns instead goes to the Office of Congressional and Legislative Affairs and eventually back to the VA, which responds in February 2013.”  Her video.

Pedene, Mitchell, Reese, have received confidential settlements/ video (9/14).

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He’s putting himself “out there” for veterans.

Dr. Sam Foote (61) started the national investigation (CNN video) by filing a complaint with the VA OIG.  He had complained to the OIG about a different administrator in 2011–who then quit. AZ Republic:  In early 2013, Foote lodged a complaint against another executive, but this time, he said, “They started coming after me.” Hours and caseloads increased, and Foote said he began to feel harassed. A planned 2015 retirement no longer seemed possible. He set a new date of Dec. 31, 2013 .” He  secretly co-operated with the Arizona Republic until his retirement and he was safe to contact members of Congress and go very public. Shades of Watergate.  The story is here.

These women also helped out:  Pauline DeWenter, scheduler video (6/14). A confession. K.J. Sloan, a clinical social worker video  (6/14)  She explains the scam.

*****Timeline: VA in Crisis

*****CNN Timeline--national VA scandals from 1921

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It’s sickening that Helman got off on the wait-times scandal but she’s gone.  And the man who gave her lavish gifts has lost his job too.

Dr. Foote, has, I believe, provided the VA with the names of some of the dirty rats at Phoenix’s VA.  I hope he’ll devote the rest of his life to the cause of reform at the VA. 

 

It’s good to know that everyone isn’t like the guys in the cartoon. So, thank you to the courageous citizens and the journalists who told your stories–“You did good!”

 

 

 

Posted in Guest authors, VA Health Care, VA Medical Mysteries Explained, VAMC Scheduling Coverup | Tagged , , , , , , , , , , , , , , , , | 6 Comments

U. S. Navy New Year’s 2015 celebration image from Japan

Yokosuka New Year's Eve

Fireworks explode in the air over U.S. ships docked in Yokosuka, Japan, Jan. 01, 2015, as part of a New Year’s celebration. U.S. Navy photo by Petty Officer 3rd Class Chris Cavagnaro

With 24,000 military and civilian personnel, this is a very large installation!

Fleet Activities, Yokosuka comprises 568 acres and is located 43 miles south of Tokyo at the entrance of Tokyo Bay and approximately 18 miles south of Yokohama. Yokosuka is on the Miura peninsula in the Kanto Plain region of the Pacific Coast in Central Honshu, Japan. CFAY is the largest overseas U.S. Naval installation in the world and is considered to be one of the most strategically important bases in the U.S. military.

My knowledge of Asian geography and history is sorely lacking.  If I hadn’t seen the fine japan nbimage by Petty Officer Cavagnaro, I’d never have looked Yokosuka up. It’s clear that this base remains an important part of our national defense.  Perhaps you or a family member has served there in the past or may in the future.

I don’t know how many Americans are so far from home as the new year begins but may everyone return home safe and sound and appreciated by a grateful country.

Posted in Food for the soul, Future Veterans, Guest authors | Tagged , , , , , , , , , , , , , | 6 Comments

FOOTLOCKER–NEW YEAR’S DAY 1971

DSC01052 I ran into a case of these at the Air Am Air Operations Center on New Year’s Day at Udorn and gave the warehouse dude a case of Marb reds  for one. For the record, at 17¢ a pack, that was a buck seventy. Even though they were all old WW2 reworks, I’d never seen a knockoff of a Fabrique Nationale Hi-Power. 

Not being a big fan of 9mm, I threw it in the Diplomatic Pouch and sent it back to my mom in Alexandria, Va. who had a growing collection of all kinds of these things piling up. Put your cursor on it and left click for zoom. Do it again for extreme magnification.

Browning permitted the Inglis Corporation of Canada to start producing these in 1942-43 for shipment to East Asia to ease the shortage of weapons there. No bluing or even a Parkerized finish. Just raw, black steel. How they came into Air America’s inventory forty years later will remain an enigma. I finally looked up the parentage of it several years ago. I’d just assumed Consolidated International Airlines commissioned some South American company to start stamping them out. It’s clean as a whistle inside with little or no wear and tear. 73 years young. I’ve never shot it.

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Check out the rear sight. Someone in tech support must have had a ripsnorting sense of humor if they thought it was good out to 500 meters. He probably went to work for the VA after the war.

Posted in From the footlocker | Tagged , , , , , , , , , | 2 Comments

The head-to-toe “groom me” Asian street phenomenon

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Group providers perhaps outside a hotel?

HBV, vaccine but no cure; HCV, no vaccine, possible cures.  Both can be transmitted during pedicures and other personal care activities. In Asia, open-air barbers and pedicurists still ply their trades the old-fashioned unsterile way.

Helen Tryell of Hepatitis Australia, tries to raise awareness about  preventing these infections (article: That holiday pedicure may leave you with hepatitis C), for Aussies on vacation. Tryell says,

In places like Bali, Thailand, Vietnam and the Philippines, hepatitis C can be nine or 10 times more prevalent than at home, and this coupled with generally lower standards of equipment sterilisation in the average tattoo parlour or where you get pedicures can greatly increase the risk of infection.

This tourist could care less as he’s clipped and pampered near the beach by two ladies.

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Phuket, Thailand (tourist photo: Flickr)

These services are an everyday way of life for the native populations across Asia as these random images from travel blogs show.

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Shanghai, China

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Hanoi, Vietnam (Photo: Peter Anderson)

Kathmandu, Napal (Photo: Adrian Landin)

These women provide useful, valuable services but ones that are risky to themselves and the public they serve.  As long as they have customers and jobs are scarce, this form of self-employment will remain a popular occupation. “Pop-up” businesses can’t be regulated so Asian governments should offer free voluntary education, disposable implements and places where workers can sterilize their equipment since they can’t disinfect between customers.  Maybe they could offer a free educational certificate for participants as an incentive.  This might give them a competitive edge over other micro-entrepreneurs.

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Luang Praband, Laos (Photo: L. Price)

Many species seem to agree: the benefits of pampering outweigh disease risks.

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Kuala Lumpur, Malaysia. (photo: R. Mattei) No HEP here. Leave us alone!

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Jigokudani Monkey Park, Japan Ditto! Buzz off…

Ahhh…

Posted in Guest authors, HCV Health, HCV Risks (documented), Medical News | Tagged , , , , , , , , , , , , , , , , | Leave a comment