Mileage exception for “geographically challenged” veterans in NH, Alaska & Hawaii

Posted on November 8, 2014 by Laura

When I first read about the 40-mile distance from place of residence as the standard for the Veterans Choice Act, I assumed, as did many, that meant 40-miles from a VA hospital.  Wrong!

…Veterans may qualify based on their place of residence if they live more than 40 miles from the closest VA medical facility; if they reside in a state without a VA medical facility that provides hospital care, emergency medical services, and surgical care rated by the Secretary as having a surgical complexity of standard, and they reside more than 20 miles from a medical facility that offers these services in another state; 

The words “VA medical facility” defined: 

A “VA medical facility” is defined as a VA hospital, a VA community-based outpatient clinic (CBOC), or a VA health care center.

For example, if a veteran needs cardiac care and lives 10 miles from a VA community-based outpatient clinic (CBOC) that only offers primary care and mental health care, but 50 miles from a VA medical facility that offers cardiac care, the veteran would not be eligible based on his or her proximity to the CBOC.

Dog_sled_quebec_2010

hi ho, hi ho, it’s off the VAMC we go….. Image: Wikipedia Commons

It’s a sore point with New Hampshire veterans that the state doesn’t have a real full-service* VA hospital.  They must travel to Boston, White River Junction (VT) or use a contracted private NH hospital for complicated medical services.  In winter, it’s safer to snow shoe, ski, or dog sled than risk driving on roads coated with black ice in and around the White Mountains, notches, valleys, ranges, and forests of NH’s varied geography.

But at last, a wee 20-mile break for eligible NH vets thanks to its Senators Ayotte and Shaheen who both serve on the Senate Committe on Armed Forces.  These vets, if they live more than 20 miles from a real VA medical facility, get a choice card. I find the VA’s discussion confusing but here it is:

Under § 17.1510(b)(3), a veteran is eligible if the veteran’s residence is in a state without a full-service (*meaning that it provides, on its own and not through a joint venture, hospital care, emergency medical services, and surgical care having a surgical complexity of standard) VA medical facility and the veteran lives more than 20 miles from such a facility. As of the publication of this rule, veterans in three states would qualify under this standard: Alaska, Hawaii, and New Hampshire. No veteran residing in Alaska or Hawaii lives within 20 miles of a full-service VA medical facility in another state, but some veterans residing in New Hampshire do live within 20 miles of a full-service VA medical facility that is located in a bordering state.

Now the VA uses this provision to illustrate a nasty and absurd loophole that it blames on Congress.

We note that this specific, special eligibility for veterans in states without full-service VA medical facilities further supports our view that the Act requires VA to find veterans ineligible who live within 40 miles of a VA medical facility, even if such facility cannot provide the specific care required...When read as a whole, the Act specifically addresses the ability  of a facility to provide care only in section 101(b)(2)(C).

Source for most quotes: Federal Register: Expanded Access to Non-VA Care Through the Veterans Choice Program (published Nov. 5, 2014)

The 40/20 mile rules (straight-line trespassing or fantasy travel, not by actual public roadways) to any VA medical facility is just another kick in the head to veterans.  When the folly and meanness of this particular rule is understood by stakeholders, I hope Miller and Bernie and his replacement get earfuls. Live too close to a VA medical clinic? Be fanatical about those wait-times!  I’m happy for the vets in NH, AK and HI but their access problems are far from unique.  This new rule severely limits veterans ability to opt into local non-VA healthcare.

_____________________________________________________________

Ed. note: I have the new Tacoma Narrows Bridge ($6.00 trip) between me and VAMC American Lake. My actual distance to the VAMC is 31.2 miles. At the current remuneration rate of .41 per mile, one would think VA might equate that to 14.6 more miles worth of “distance” traveled. Consider also that they deduct six dollars for each foray under the aegis of some obscure claw back until you make four or more trips to the VA facility, you are financially in the hole under any scenario. I suspect the panacea is to report an hour or two early for your cardio appt. at the nearest CBOC and ask them to transport you to the VAMC. I’d wager that might get you some unwanted attention from VA’s vaunted jack-booted thugs. A warm thank you, also,  to Kiedove for unraveling this VA medical mystery.

______________________

Kiedove response to Editor–There will be more bitter illogical VA interpretative rules to discover as they roll out.  If you need a cardio apt., they have to make one for you somewhere within whatever wait-times they deem clinically necessary.  But guidance about wait-times for specialty care is hard to find.  And the “geographically challenged” definitions the VA will apply, in my sane view, should include transportation.  Again, demanding telehealth technologies to be installed for certain conditions, may help.  One ASKNOD member wrote that he was in the program and it was helpful.

mt washington

Mine did–in summer.

Because the program only runs for three years (unless reauthorized) it’s vital that we focus on the Choice Program, pick it apart and make it work. VA studies have shown that the VA saves money per patient on non-VA appointments. So instead of increasing clinic hours, and paying overtime, refer out and co-ordinate care with the vet’s VA PCP. The savings will be a big plus for taxpayers and veterans. Money saved should be used to house homeless vets (not for VA bonuses and parties (conferences).  Back to NH, for a moment.  In New England states, these bumper stickers are often seen.  It’s an awesome and scary experience.  Here are conditions on the summit now.  But severe winter weather is only one geographic challenge that veterans face all across the country.

Posted in Guest authors, Medical News, VA Health Care, VA Medical Mysteries Explained | Tagged , , , , , , , , , , , , , , , , | 3 Comments

Veterans’ Choice Card program’s new contractors

Posted on November 6, 2014 by Laura

coffeeFinding official information about the implementation of the Veterans’ Choice Cards and call centers has been frustrating but I can now report that Tri-West and Health Net have been hired to administer the program.  Health Net’s press release, Tri-West’s press release, and Secretary McDonald’s blog post were not released until yesterday, November 5th, the deadline.  We posted about these companies last month.  I’m going to cut the VA a little slack today because the people who have been working on this have probably been burning the midnight oil.  We now have a few precious specifics.  For example, Secretary McDonald writes: 

The Choice Card will be issued in three phases. The first group of Choice Cards along with a letter explaining eligibility for this program is currently being sent to Veterans who may live more than 40 miles from a VA facility. The next group of Choice Cards and letters will be sent shortly thereafter to those Veterans who are currently waiting for an appointment longer than 30-days from their preferred date or the date determined to be medically necessary by their physician.

The final group of Choice Cards and letters will be sent between December 2014 and January 2015 to the remainder of all Veterans enrolled for VA health care who may be eligible for the Choice Program in the future.

The contracts with Tri-West and Health Net also make sense because the VA just had to modify existing contracts with the two firms.

The VA has also released a very simple app, Veterans Choice Explorer, that asks yes/no eligibility questions. 1.  Are you enrolled in the VA for healthcare benefits? 2. Were you enrolled on or before August 1, 2014? 3. Are you unable to schedule an appointment with a VA provider within 30 days?  If YES, “Based on your responses, you may be eligible for benefits under the Veterans Choice program.”  And a toll-free number is provided: 866-606-8198.

ferry

photo: Stormy Charette; location: Lake Superior source: AARP

If you answered NO (not enrolled), you get a new set of eligibility questions: 2. Was your date of discharge from the military less than five (5) years ago?  If you answer NO to question 2, you’re out of luck; answer YES and proceed. 3. Did you serve in a theater of operations after November 11, 1998 (e.g. Operation Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn)?  If you answered NO, bye.  4. Do you travel by air, boat, or ferry to reach your VA medical facility?  YES and you’re in.

Now this question is somewhat deceptive; they should give as an example the 40-mile condition.   Instead they give an uncommon example. 5. Do you face an unusual or excessive travel burden (i.e. you cannot travel to a local VA due to a body of water or land barrier that cannot be crossed by road or highway)?  Yes, you’re probably good.  No, maybe.  This group of veterans can enroll by phone.

The app is too simplistic.  For example, if you need to see a cardiologist, you don’t have to wait 30 days for an appointment.  But we are finally getting details in dribs and drabs.  So for today, and today only, how satisfied am I with the VA Media Room strategists? Not satisfied; somewhat satisfied;  satisfied, or very satisfied?  I’m satisfied because they honored the due date and the news is pretty encouraging for thousands vets. 

 

 

Ed.note  I’m getting the  same kid gloves treatment from the VA dental clinic at American Lake up here in the other Washington. I called up November 2nd @ ODark30 and did my usual request for a teeth cleaning. As usual, she said “The earliest we have sir is January 9th, 2015. I said that wouldn’t work because I have to have my HCV-infested choppers polished every 90 days. Since they normally only schedule from 30 days out, we are forced to call in on the first of the month or the first Monday. January 9th would put me 39 days over my 90 day cycle. I happened to mention that if they are, by chance, over 30 days out, rumor from Call me Bob  had it that we could go to the private sector on VA’s nickel. She admitted as much and promptly set me up with my old dentist that is repairing all their other mistakes over the last six years. I now have 6 appts. in less than a month where I was only given one in 14 months due to VA “scheduling snafus” which, fortunately no longer infest the system. Funny when the VA scheduling gal realized I was onto the 30 days or 30 miles warranty, the story changed that they hadn’t been doing business like that (having to call on the month you hoped to get the appt. in) in years… Man they must really think we are Flat Earth Society members.

Posted in Guest authors, Medical News, VA Health Care, VA Medical Mysteries Explained, vA news | Tagged , , , , , , , , , , , , , , | 7 Comments

VAOIG–WE WERE UNABLE TO SUBSTANTIATE…

Posted on November 6, 2014 by asknod

vaoigI always get a bang out of VA’s Office of Inspector Gadget terminology and descriptive adjectives. They are worthy of being hired as the President’s Press Secretary apologists. I refer to both parties’ press secretaries-not just the current ones we’ve experienced in the last several years. No party has ever had a corner on the market for incredible interpretations of current events. However , the steady drumroll of events described by our VA Office of Incredible Goings on beggars the imagination.

I share with you this incredibly incisive review of a medical mishap-completely unforeseeable apparently. A vet is bleeding out in January and says “Help!” VA schedulers promptly triage him as “routine” assuming his (and all Vets) volume of blood (10 pints) is an endless supply.

We confirmed that almost 8 months elapsed between the patient’s initial
gastrointestinal-related complaints in January 2011 until his colonoscopy in August.

We did not find that this 8-month time frame represented a clinically significant delay in care. The patient’s clinical presentation was unusual for a patient with  colorectal cancer (CRC) for both the early age of onset as well as the short time period from initial symptoms to the discovery of advanced cancer. None of the providers were suspicious for CRC given the patient’s age at presentation and no known family history. Because the symptoms of inflammatory bowel disease are similar to CRC, providers reasonably considered inflammatory bowel disease as the more likely cause of the patient’s symptoms. At each visit, providers evaluated the patient’s condition and initiated appropriate laboratory and other diagnostic tests as indicated. [Well, except for a butt tractor exam or a CAT scan]

Gosh, when you’re bleeding out the butt at my gastrodoc’s shop, you’re thrown on the table the next day to find out what in Sam Hill is afoot. VA has a different metric and the OIG apparently defers to the VHA’s much more knowledgeable medical assessment. Read on.

VAOIGWhen the patient reported recurrence of blood-streaked diarrhea in April, his primary care provider requested a routine Gastroenterology (GI) Clinic appointment, which was scheduled in early June. The emergency department provider told us that he attempted to expedite the GI appointment (via an “added comment” in the consult) because of the patient’s anxiety (not because there was a clinical urgency); we found no documented evidence that the request was reviewed and considered by a GI provider at the time. At the time of the June visit, the GI provider evaluated the patient and ordered a routine colonoscopy, which was scheduled for mid-August. We could not say with certainty that the patient’s outcome would have been different had he received the diagnostic colonoscopy sooner. The colonoscopy and subsequent computerized tomography scan revealed the patient had a large mass and advanced CRC with metastasis to the liver. As CRC is typically a slow-growing cancer, the patient likely had advanced CRC at the time of his initial presentation with symptoms. The patient subsequently transferred his medical care to a non-VA provider. He died a little over 2 years later. 

Shoo, doggies. The Vet was a walking dead man so no flies on us. What kind of medical diagnosis is that? “We did nothing for eight months but it wouldn’t have made any difference if we had. Therefore you cannot accuse us of malpractice after the fact”. This is exactly what is wrong with the VA style of medical excellence we read of. Excuses are like assholes and the VA OIG is careful to make sure every one of their brethren over at the VAMC has one. I might expect this of the New York Police department and their “Blue Wall” but hardly from a government agency tasked with the responsibility to provide us with the most up to date medical advances available. To have the VA’s OIG as the designated apologists at every turn so as to deflect criticism is alarming. Nevertheless, no one bats an eyelash and this modus operandi has been ongoing for almost a century. If you had never cracked a book on VHA’s fabled shortcomings, you would be forced to assume they are above reproach.

June 2009This sounds like what happened to me. “We reviewed Mr. Graham’s Computerized Tomography Scans and were unable to ascertain any free air in the abdomen. Therefore we surmised that the fact he was swelling up like Octomom was due to post -surgical edema and not the shit that was piling up in his abdominal cavity due to the inept surgery we performed. As soon as we realized there was a problem, we performed another surgery and corrected the septicemia. We were unable to substantiate that the septal infarction and permanent T-wave abnormality following surgery was in any way related to the septicemia experienced for eight days that damn near killed him.”  Next?

Here’s another excuse template followed almost to a T.

We substantiated that the nursing staff did not perform patient rounds in accordance with the Medical Center policy, which requires a patient to be checked every 30 minutes. In addition, we found no documentation of actions taken when non-nursing staff notified Spinal Cord Injury staff of a change in the patient’s condition.

But…

We could not determine whether a failure to immediately assess the patient for possible problems led to this patient’s death.

We recommended that the Hampton VA Medical Center Director initiate a review to
evaluate patient rounds and medical record documentation policies, train and educate
appropriate staff to ensure consistent adherence to patient assessment and documentation procedures, and consult with Regional Counsel regarding institutional
disclosure.

download (1)It appears the VAMC Hampton boys concurred with the OIG’s findings and promised that VA nurses wouldn’t update their Facebook pages during normal working hours to the possible detriment of the patients. What is wrong with this picture? VA is trying to cast it in the light of “We were unable to find Waldo in spite of a diligent search. However, we were able to find that nothing Waldo did was untoward or caused anyone to reach room temperature on his watch.” No harm, no foul. Give dat man a bonus!

Posted in VA Health Care, vA news, VAOIG Watchdogs | Tagged , , , , , , , , , , , , , , , | Leave a comment

CMB MISSES CONGRESSIONAL DEADLINE ON VA’S CHOICE CARDS

Posted on November 6, 2014 by asknod
ronald_mcdonald_high_resolution

Call me Bob

CMB (Call me Bob)McDonald blogged to us today to let us know VA is once again dancing on their collective neckties and doing another faceplant-this right on top of their inability to find any fault with the way VAMC Director Sharon Helman & Co. were disposing of problem Vets down in Phoenix. At  40 243 deaths, any idea that they might have been predisposed to dying anyway, regardless of VA inaction, is now coming under closer scrutiny.

We had high hopes for CMB. Really, we did. I assumed he would grab the bull by the horns and wrassle the intractible VA sucker to the ground. Given the strong mandate from his boss down at 1600 Pennsylvania Ave NW, his record at Proctor and Gamble and a resounding new law from Congress, it was a given we were going to have a Saturday Night Massacre reminiscent of the Nixon Casa Blanca shakeup after Watergate. Ah, how soon we discover that words, rather than actions, are hollow and merely echo desires rather than resolve.

LawBob-The oracle at Battle Creek

LawBob-The oracle at Battle Creek

My recent communiques with him and his subordinates looked like they would bear fruit but as LawBob Squarepants is fond of saying- “be careful what you ask for.” I got exactly what I asked for, too. I told them to fix it. They did-but with a Statement of the Case asking me what part of “No” I was unacquainted with. That was the easy way out and probably not what CMB envisioned. Nevertheless, the plaque on his desk should bear the same mantra as Truman’s did in 1952- The Buck Stops Here. Many other Vets I  have talked with met with guarded success so that avenue is not entirely a dry hole and I certainly do not wish to imply it.

VA choice cards will eventually arrive in our mailboxes but how many, how soon and how timely to avoid any more senseless deaths? Likewise, will we still be reading next year about disgraced VA officials quickly strapping on golden parachutes just minutes ahead of being frog-marched down to the Justice Department for a photo op and fingerprinting?

In order to make a dent in the Veterans’ conscience, it will require stronger actions and steely resolve. Namby pamby wrist slaps and ten minutes in the corner followed by a promotion to VACO are not going to fly well now that Pandora is airborne. Congressman Jeff Miller has a mandate (as do many on the right side of the aisle) to investigate the VA’s storied history of delaying and denying us until we reach room temperature. Come January, the VA is not going to have their Vermont apologist (Col. Sanders) to run interference for them any more. Further Senatorial inaction on this is now a fig newton of the imagination. In the immortal words of our President yesterday after his press conference:

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I’m not much for politics. When asked, I subscribe to the Crosby, Stills and Nash political philosophy- “When you can’t be with the one you love, love the one you’re with.” It makes no difference who’s boat we use to get across the river of denial, the important thing to do is make the transit. Accolades can be ascribed to whoever wants or desires them. I’m not one for the limelight. Mr. McDonald might want to take a page from that book if he is serious about turning this around.

I would strongly suggest that CMB take a page from the Real Rules of Construction rather than the Building Code. Rule number one is inviolate. At some point, you have to shoot the engineers and begin production. Failing that, you have a piece of paper in your hand- a virtual blueprint- telling you what to do, how to do it, where to do it and a production schedule that keeps getting pushed back due to “contingencies”.  Pardon my French but it’s time to piss on the fire and call in the dogs. The VAMC kerfluffle began as early as 2005 in documented cases of VA scheduling “irregularities”. It  was assiduously annotated for all the intervening years by our VA Office of Inspector Gadget until a medical doctor spilled the beans and used the word “death by inaction”. Apparently the untermenschen VA employees were not credible in their whistleblower attempts all these years and it required the bona fides of someone with a college degree and Medical Doctorate to focus attention on it. This speaks volumes to what VA hierarchy thinks of us (and the OIG) but that  is a subject for another day.

Sponge-Bob-Square-Pants-spongebob-squarepants-16769717-259-314Our new Secretary has a glorious mandate that he risks destroying by delaying his reforms. Caution is all well and fine, as is an orderly legal path to ridding us of the self-serving SES’s infesting 810 Vermin Ave. NW. But caution couched in inaction and recalcitrance to show a backbone merely emboldens the miscreants to assume the status quo will go on unabated. LawBob says a new day is dawning. I prefer to get up each morning and take a measurement. To date, all I see is pages turning on a calendar with a remarkable similarity to the months before. Remember our glee when this all broke in the news? That was April. Seasons change. VA doesn’t, apparently. Yet. Say it ain’t so, Bob.

Please do not read a political diatribe into this epistle. It is merely one more post to effect change in what is decidedly a lopsided judicial and medical enigma in the Veterans Administration. Far too much time has been invested in proving everything is hunky dory and time will cure all ills. Were that the case, we’d all be happy and the term “backlog” would not inhabit every other sentence  at VA press conferences. UnderSecretary for Benefits Allison “Accenture” Hickey had better be sharpening up the Kaizen and Six Sigma protocols. 2015 and those promised whirlwind 125-day adjudications with 98% accuracy are right around the proverbial corner. I await them with parted lips, bated breath and a sixth sense of “Well, not exactly”.

P.S. Forgot to add this from Maple State Frank:

http://www.azcentral.com/story/opinion/editorial/2014/11/03/va-scandal-reform/18436325/

Posted in Complaints Department, Medical News, VA Health Care, VA Medical Mysteries Explained, vA news, VAMC Scheduling Coverup, Veterans Day | Tagged , , , , , , , , , , , , , | 4 Comments

VETERANS POEMS–THE FINAL INSPECTION

Posted on November 6, 2014 by asknod

alamo protestI received this several years ago and mistakenly thought I had published it. For that, I apologize profusely to Member WGM of Texas fame. You may remember him from my book as I used him as a prime example of VA’s techniques in claims wrecking. Have a raging case of brain fog at the time, I can honestly say I don’t remember. Hep C wrecks so much of you life that it’s difficult to keep mind and soul together. Nevertheless, here in all it’s glory is something that probably should have been published on the first day of my blog’s existence. Even now, reading it several years later still elicits a lump in my throat.  With the advent of Veterans Day around the corner, it seems more appropriate now than ever to share it.

I’m pretty sure I won’t have to go through this inspection drill unless  they liberalize the rules for getting in.  Being one of those who was in charge of Beer summits between God and Gooks, I suspect I don’t qualify. I guess I’ll keep my shoes shined and my hair trimmed just in case…

THE FINAL INSPECTION

 

The Soldier stood and faced his God,

Which must always come to pass.

He hoped his shoes were shining,

Just as brightly as his brass. 

Step forward now, Soldier,

How shall I deal with you? 

Have you always turned the other cheek? 

To My Church have you been true?’

The soldier squared his shoulders and said,

No, Lord, I guess I ain’t.

Because those of us who carry guns,

Can’t always be a saint.

I’ve had to work most Sundays, 

And at times my talk was tough. 

And sometimes I’ve been violent,

Because the world is awfully rough.

But, I never took a penny,

That wasn’t mine to keep.

Though I worked a lot of overtime, 

When the bills just got too steep

And I never passed a cry for help,

Though at times I shook with fear.

And sometimes, God, forgive me,

I’ve wept unmanly tears.

I know I don’t deserve a place,

Among the people here.

They never wanted me around,

Except to calm their fears.

If you’ve a place for me here, Lord,

It needn’t be so grand.

I never expected or had too much,

But if you don’t, I’ll understand.

There was a silence all around the throne, 

Where the saints had often trod. 

As the Soldier waited quietly, 

For the judgment of his God.

Step forward now, you Soldier,

You’ve borne your burdens well.

Walk peacefully on Heaven’s streets, 

You’ve done your time in Hell.’

 

~Author Unknown~

Posted in All about Veterans, ASKNOD BOOK, Inspirational Veterans, Veterans Day | Tagged , , , , , , , , , , , | 3 Comments

HEPATITIS C VACCINE?

Posted on November 6, 2014 by asknod

CaptureAmazing progress in eradicating this virus as well as preventing it via a vaccine.

Posted in HCV Health, Medical News | Tagged , , , , , , , , , , , , , , , , , , | 1 Comment

VET ATTORNEYS AS ADVERSARIES ?

Posted on November 4, 2014 by asknod

image032Every once and in while I receive inviting news of how the VA is secretly employing chemtrails to change our minds and prevent us from winning our claims. Others talk of vast Left or Right wing conspiracies hatched in Arkansas fishing shacks to do as much. And then there is the school of thought that VA secretly is in league with Vet attorneys and pays them NOT to take our cases or worse-to throw sand in the gears causing us to lose. 

I enclose the following from an anonymous member  The subject header was:

Are You Aware that the VA…

pays attorneys to take our cases for the express purpose of giving us bad advice? Before I knew that attorneys could not accept payment until our claims go before the U.S. Court of Appeals I was taken in by three of these attorneys, all in different states. It’s easy to detect these guys; all they’ll ask from the vet is his DOB, SSN, and Name. With this they contact the VA who in turns gives the attorney precise instructions on how to best MISGUIDE the Veteran.

Has anyone ever discussed this with you. I know your very knowledgeable about these things.

Regards,

 

My response follows:

The law is dispositive on this now since 2004( or was it 2007?)  The moment a Vet receives a denial from the Agency of Original Jurisdiction (where you file), he is entitled to a lawyer if he so desires. Many do not know this. Many lawyers do not realize they can influence our claims this early in the process. I’ve had attorneys tell me they cannot touch it if you filed new and material evidence after a VARO denial. I’ve had them tell me they cannot be hired until you get to the BVA. The fact of the matter is simple. Just like anyone in Vetland, you get to choose who represents you the moment you lose the first time. Period. I know. It sucks and they don’t even give us A Miranda Warning.

If you are unhappy with DAV, pull your Power of Attorney (POA) and take it elsewhere. If you can get a Vet attorney to take it, off you go. The only time you are stuck with them is at the CAVC once you file. At that point this person will become your shield bearer. Not all accepted to practice VA law have the CAVC credentials. It costs $1000 a year for a license to practice there and even more up at the Federal Circus. Few Vet attorneys, if any, keep active credentials at the Supreme Court.

Some attorneys are not as motivated as others and cherry pick really good claims. Some claims that will return very little (like hearing loss or tinnitus) are not deemed as important or worth their time if they are really good attorneys. If you were F. Lee  Bailey, would you be taking cases for guys who were suing for auto claims of $5,000 dollars? No. You’d reserve your time for the guys who were paying $3,000 an hour for your expertise on a difficult claim for PTSD or Hep C back to 1994.

Sadly, there are Vet’s attorneys who claim-shop. I won’t name them. We just thank our lucky stars that some Vet attorneys are there for us when the really long, drawn out litigation occurs over a decade or more. The Ken Carpenters, the Virginia Girard-Bradys, the Robert Chisholms and others too numerous to mention, are better than no line of defense at all. NVLSP and NOVA have wonderful pro bono programs for just this contingency at the CAVC.  The fact that these fellows are limited to 20% and EAJA fees is why some have to be more careful not to sandbag themselves into an earned-income bracket. Nobody gets rich at this except for the gomers who work at VA and the VSO hierarchy. Thirty years ago they fought each other to be president for free at the DAV and the VFW. Now they pay themselves $350 K a year for wearing funny hats, going to conventions and getting drunk. There’s the crime, sir. Vet’s attorneys do not make $350 K a year. Ever. Not on Vet claims.

download (1)Never ever think that you are in this alone unless you are using a VSO with the brains God gave a rubber duck. Somewhere out there is a Vet attorney that cannot stand to see injustice. You, as a Veteran have to “prequalify yourself” as you would for a home loan.  You cannot arrive with all your legal knowledge and loudly proclaim you’ve been wronged. You have to have a claim that will hold water. Perhaps therein lies the problem for many. They are so utterly convinced they have a viable case that they overlook the obstacles in actually proving it.

Many come to me each month and say “I have a claim for CUE and the attorney won’t take it. Who do you recommend that will?” If an attorney won’t take it, he’s not cherry picking it. He knows it won’t float.  He also might consider it much ado about nothing. Remember, there are Vets out there dying of diseases and injuries far more serious that Follicular Barbae and pes planus.  Never prejudge a Vet lawyer’s motivations solely on your failure to interest him in your case. He, as an officer of the Court , is held to a higher standard and must legally reject anything he sees as frivolous or a waste of the Court’s time. He risks censure for disobeying the dictate.  This is why the Extraordinary Writ at the CAVC was considered shakey ground to tread for decades. A pro se Vet risks nothing except being thrown out on his or her ear. A Vet attorney risks being denied privileges of practicing there if he pisses them off. They walk a fine line.

Besides, let’s be logical. VA is too busy trying to figure out how to line their own pockets with unwarranted bonuses. What would make you think they would set aside their greed and share the largesse with a bunch of Vet attorneys? It flies against their grain. I prefer to use the Occam’s razor for this test.

download (2)

Vets studying the probability of claims viability via the spaghetti test.

When you see the rules in a clearer light, you begin to understand this isn’t a spaghetti-contest to get some pasta to stick on the judicial wall. Unlike us, law dogs have to observe decorum . Hell, even VSOs are legally relegated to the booby bin as unschooled bumpkins. And once you realize that, you are well on your way to winning. Knowledge is power. VA would prefer you were a mushroom in the dark with a VSO handmaiden. And that’s all I’m gonna say about that.

Posted in VA Conspiracies | Tagged , , , , , , , , , , , , , , | 6 Comments

VA OFFICE OF DEBT MANAGEMENT BUSTS ANOTHER CHEATING VET

Posted on November 3, 2014 by asknod

Capture 2Boy howdy am I ever glad to see this headline. To think any of you triplegic Vets out there would stoop so low as to try collecting that extra $142 a month for shacking up with who later turns out to have been your wife all along is revolting. What’s the matter? SMC-P wasn’t good enough for you? Forcing VA sherlocks to come and catch you out for $4,825.00 should be the embarrassment of a lifetime- unless it was in error or harmless error-or- gasp-VA’s error dispensing it in the first place.

Capture 11

Brian “Tin Man” Kolfage.

Pity poor Senior Airman Brian Kolfage jr. Unexpectedly clobbered  by a 107 mike mike on September 11, 2004,  he lost a few fingers and toes. That didn’t stop him. When he recovered he was prepared to serve again. Unfortunately the body was not so willing. His buddies were calling him Tin Man after the guy on The Wizard of Oz. He’s been medically retired and milking the VA tit for a pretty good nickel since then.  Yep. Probably socking away at least $45- $50 K tax-free for the rest of his life.  Another VA Welfare queen in drag. The VA poohbahs were watching all that dinero flowing to his bank account and figured he must be flogging the dog. Just as they did with old Keith Roberts, the Debt Management Center came down on him like a cheap new polyester suit.  Busted, dude.

Seems they were paying him for being married but he wasn’t. But then, well, yes he was. You know how famous these VA gomers are for losing stuff, shredding it or misfiling it in another Vet’s c-file. So now the ball is back in the DMC’s court. They say they’re gonna dink him a buck five a month until they get it all back- but then go away.

The VA can hang you out to dry like they did me for twenty years and change and never blink an eye when they finally settle up. No mea culpas. No “Thank your for your service and we apologize for screwing up in 1994.” Nor, apparently, is the VA  yet prepared to say “Mr. Kolfage, we discovered an anomaly in your paycheck. It seems we overpaid you $142.00 a month for three years. Seeing’s as it’s our fault and you lost three limbs in the war, we’ll give you a bye on it. Besides, you’re married now so it’s really a push. Your compensation amount won’t change. America owes you more than they can ever repay you.  We wish we could do more for you but we sure aren’t going to be assholes about it.”

No sirreee, Brian. You cheated by not calling and telling them they were paying you too much and now it’s gonna cost you. America doesn’t reward cheaters.

VA Fraudster Kouflage

VA Fraudster Kolfage

P.S. 12/20/2018  Mr. Kolfage probably didn’t cotton to me writing this blog. He was overly upset I attacked a certain Veterans Service Organization with the initials of WWP back in 2014. That was before the CEO and his friends in that organization  were shown the door. Of course I would know very little about these matters due to my non-disclosure of intimate details of my “settlement”.

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Posted in Inspirational Veterans, VAOIG Watchdogs, Veterans Law | Tagged , , , , , , , , , , , , , , , , , | 6 Comments

A BEAUTIFUL POEM

Posted on November 3, 2014 by asknod

Canada_Day_Tomb_of_the_Unknown_SoldierReceived from Paul/Leigh a great poem this morning and now have the pleasure of passing it on. 

He was getting old and paunchy
And his hair was falling fast,
And he sat around the Legion,
Telling stories of the past.

 

Of a war that he once fought in
And the deeds that he had done,
In his exploits with his buddies;
They were heroes, every one.

 

And ‘tho sometimes to his neighbors
His tales became a joke,
All his buddies listened quietly
For they knew whereof he spoke.

 

But we’ll hear his tales no longer,
For ol’ Joe has passed away,
And the world’s a little poorer
For a Veteran died today.

 

He won’t be mourned by many,
Just his children and his wife.
For he lived an ordinary,
Very quiet sort of life.

 

He held a job and raised a family,
Going quietly on his way;
And the world won’t note his passing,
‘Tho a Veteran died today.

 

When politicians leave this earth,
Their bodies lie in state,
While thousands note their passing,
And proclaim that they were great.

 

Papers tell of their life stories
From the time that they were young,
But the passing of a Veteran
Goes unnoticed, and unsung.

 

Is the greatest contribution
To the welfare of our land,
Some jerk who breaks his promise
And cons his fellow man?

 

Or the ordinary fellow
Who in times of war and strife,
Goes off to serve his country
And offers up his life?

 

The politician’s stipend
And the style in which he lives,
Are often disproportionate,
To the service that he gives.

 

While the ordinary Veteran,
Who offered up his all,
Is paid off with a medal
And perhaps a pension, small.

 

It is not the politicians
With their compromise and ploys,
Who won for us the freedom
That our country now enjoys.

 

Should you find yourself in danger,
With your enemies at hand,
Would you really want some cop-out,
With his ever-waffling stand?

 

Or would you want a Veteran
His home, his country, his kin,
Just a common Veteran,
Who would fight until the end.

 

He was just a common Veteran,
And his ranks are growing thin,
But his presence should remind us
We may need his likes again.

 

For when countries are in conflict,
We find the Veteran’s part,
Is to clean up all the troubles
That the politicians start.

 

If we cannot do him honour
While he’s here to hear the praise,
Then at least let’s give him homage
At the ending of his days.

 

Perhaps just a simple headline
In the paper that might say:
“OUR COUNTRY IS IN MOURNING,
A VETERAN DIED TODAY.”

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Posted in Veterans Day | Tagged , , , , , , , , , , , | 4 Comments

PHOENIX VAMC RECORDS SHOW 243 DEATHS ATTRIBUTABLE TO DELAY

Posted on November 3, 2014 by asknod

CaptureRuh-oh, Rorge. Somebody can’t count, won’t count or is being paid not to count dead Vets. Couldn’t be Griffin. Gibson? Somebody knows where the bones are buried and ain’t talkin’. I love these stories. They change so fast you need a good freeze-frame camera or a table of contents to follow the faery tale.

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