CMB MISSES CONGRESSIONAL DEADLINE ON VA’S CHOICE CARDS

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

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?

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 ?

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.

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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

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.

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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

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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PHOENIX VAMC RECORDS SHOW 243 DEATHS ATTRIBUTABLE TO DELAY

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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BVA–PRESUMPTION THAT AMLEG VSO RECEIVED IT?

download (1)Once again, Johnny Vet finds himself on the wrong side of the fence. Having waited patiently for his SOC from which to file his Form 9, something has gone snafu. But wait. American Legion to the rescue, right? They also get a copy of your SOC and then contact you to ask what your druthers are about continuing on to DC with a substantive appeal (Form 9). That’s what a Power of Attorney is all about. They represent you legally. If they step on their pink snake, you sue the suckers. Ooops. Wait. They don’t charge anything for their services so they are judgement-proof. 

The Presumption of Regularity of the mail is a given. The presumption that Amleg’s SO who represents you will alert you to this is not covered by that. You get what you do not pay for. Lip service is paramount in this game as Johnny just discovered.

This decision need not have even been filed for. No Form 9, no dice. No change of address? No dice. Presumption of Stupidity for using a VSO for a legal rep.? Granted with effective date of 1776. Note the VA examiner (in blue sitting below and to the right of Washington)) accompanying the troops to verify claims while in the field. VA used to do that a long time ago. He was easy to spot because he was the only one taking notes. Now you just email in a DBQ to Cheeseville Wisconsin so them fellers don’t catch pneumonia.

Washington_Crossing_the_Delaware_by_Emanuel_Leutze,_MMA-NYC,_1851

 

 

 

Posted in BvA HCV decisions, Earlier Effective dates, Proof of Mailing | Tagged , , , , , , , , , , , , , , , , , , , , | Leave a comment

BVA–WHY WE NEED VBMS IMMEDIATELY

10734279_896120983732620_1941176473041624698_nHere’s a classic example of why we need to implement the Veterans Benefits Management System now rather than in 2025.  Johnny Vet has been fighting since July 2008 (six years) to get his SC for hep C. VA has been doing it’s damnedest to fence him out with the Hamster wheel remand treatment. 

FROM THE HORNSWOGGLE RO

IN UPSTATE NEW YORK

Looking at this decision, you see the endless remands to get the VA examiner  to continue eating his ADHD medications and stay on subject to answer the questions posed by VLJ Steve Wilkins correctly. You notice the VA examiner refuses to let go of the Willful Misconduct doggie bone and goes down in defeat still screaming “It was the IVDU!”. The reason Johnbo, and untold others finally prevail, is that they are given the 38 USC § 1154(b) combat presumption eventually. Everything that falls from your lips is the unvarnished truth- as it should be.

What’s worse, you will notice all his other claims have been growing moss all this time because his c-file has been sitting in DC at the BVA. Had it been digitized into VBMS while it (and he) sat there for a year waiting for his docket certification, the claim could be in two different places at the same time. By now, he could easily have been rated for his DM2, received his increase (if warranted) for Bent Brain Syndrome and the lipoma mentioned.

The record currently available to the Board, including the appellant’s Virtual VA file, contains no indication that the RO has ever addressed these matters.

But no. VA would prefer to drag this out until he’s room temperature under the aegis of “Justice delayed is not Justice denied”. And they wonder why we decide sucking on a lead lollipop is almost a blessing in lieu of this treatment.

Here’s my take on the VA’s ages-old Jeopardy board game:

Jeopardy!_Board_Templatea

 

Posted in BvA HCV decisions, HCV Risks (documented), LOD and willful misconduct | Tagged , , , , , , , , , , , , , , , , , | 3 Comments

HALLOWEEN FACIAL

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Misspelling or contraction of two slurred words?

Another huge influx of wonderful contributions to the humor page. You have no idea how much joy this can bring to depressed souls. Or depraved souls. Or Tourette’s guys like me. or…

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