EXPOSED VET RADIO SHOW–WHAT IS EQUIPOISE AND HOW DO I GET SOME

Posted on August 29, 2023 by asknod

It was overcast this morning so I couldn’t see John and Ray madly flashing the Bat Signal over my house. No harm. No foul. Romeo Tango. I’m on it. I’m asked to tackle an old subject which many do not realize is the essence of VA law which illustrates one of the oldest judicial canons on the books. I speak of course of Gilbert v. Derwinski and what it began early on back at the 1989 inception of the Court of Veterans Appeals- now the CAVC. The fact is, I’ll probably line out some of the other presumptions only we enjoy as Veterans as well.

11B20 Eddie Dunn

On a scale of 10, today is an 8.  I snagged another R 2 for a deceased Eleven Bravo this morning. I got his father-in-law Swift Boat Dan R1 back in 2019 a hop, skip and a jump before he (FIL) went belly up. At the funeral, I was introduced to Eddie. In a first for me, I got him R1 right out of the box at the Little Rock RO without having to go up to the BVA.

Mrs. Dunn

His better half began to see the writing on the wall and called me last fall. I promptly filed him for the R2 then. He went into hospice and augered in March 5. We went to his funeral Friday the eleventh. By golly, they even had a real bugler there. Shut the Front door. A for-real hornblower. Who’d a thunk it?? Not me. It sure beat that corny, scratchy recording they usually crank up. This will make a nice addition to any paltry burial allowance and the free flag. It’s only $1328.64/month more than R1 but here it added up to six months. My sensei Bob Walsh always admonished me- “Leave nothing on the table for the scoundrels. They never do for you.”  Here’s a short video.

In the same vein today, I got my client Bien Hoa Harry a 90% back to 2002 under §3.816(c)(1). He’s on his last legs and this was important for him to see completed before passing. I won the earlier 2002 date last year but they choked and puked in the face of overwhelming evidence he was nigh on to charcoal briquets back then. The outcome was predictable. ‘Ok, gomer. Here’s your 30% minimum and noooo more. Now get lost.’ I had to go back to the BVA twice to  convince them I wasn’t going away. I “reshoved” the 1999 to 2008 evidence back in their faces three times until they simply couldn’t ignore it anymore. He can die happy now that I snagged that last $83,876 for his wife to tide her over when the gravy train ends and DIC sets in. That’s my idea of how a VA poker game should conclude- with the pot in front of my client.

Gosh, I wonder if Bien Hoa Harry knows Senator Dick “Bien Hoa Blumenthal” from Connecticut? Ooops. Hush my mouth. My Tourette’s is showing.

And if that isn’t enough, I’ve been invited back to the Winchester, Tennessee Veterans’  hoedown in November. The County VSOs are mystified as to why no one at VA will brief them in on SMC. I was asked to do the honors. I’ve never had the pleasure of meeting some of these great gentlemen in person. James Cripps, John Stacy, Ray Cobb and I will break bread for the first time in our lives after over a decade or more of friendship. We epitomize the ‘Win or Die’ mantra. We’re like the Energizer Bunny- we take a lickin’ and keep on tickin’.

Cookin’ Jiffy Pop on the Loach coach.

Thursday’s radio show will consist of a heapin’ helpin’ on the subject of the benefit of the doubt. We hear that phrase a lot but what does it really mean other than “Missed it by thaaaaaaat much, 99.”? I’ll clue you in.

The show begins at 1900 Eastern and 1600 Western. We do hope you’ll tune in to some wonderful Veterans style humor and discussion about some tips and tricks on how to make VA’s life more interesting. If you wish to contribute or ask a question, feel free to push the number ‘one’ and activate your microphone.

The computer link is:

https://www.blogtalkradio.com/jbasser/12263522/connect/79ee281e3820a31b3e82cfef7deb80b6cbcd4118

Or, should you desire to get an obnoxious crick in your arm, you can call the below number and keep your arm bent for a whole hour while holding your communicator up to your ear.

(515) 605-9764

Posted in Exposed Veteran Radio Show, Humor, Milestones, Special Monthly Compensation, VA Agents | Tagged , , , , , , , , , , , | 2 Comments

BVA- A LIPWHIPPING IN DC

Posted on August 20, 2023 by asknod

Quo vadis nonadversarial/Veteran friendly? Holy poop scoopers, Batman. In all my years litigating with VA, I had yet to meet an overtly hostile Veterans Law Judge (VLJ). How, then, to deal with a markedly overt VLJ who minced no words when she voraciously attacked me before we even had a chance to sit down and introduce ourselves? In this line of work, the order of business has always been polite, cultured discourse. Opprobrium is simply not part of the lingua franca in a hearing… until now. Read on.

 I like face-to-face hearings. If a picture is worth a thousands words, then an in-person hearing is tantamount to a thousand pictures in my world. A video camera can never capture the earnest look in one’s expressions regarding their claim/appeal. Your face is a window into your soul. Veterans Law Judges generally can discern a fake demeanor.

I’ve done a shit ton of hearings ranging from the old-fashioned DRO hearings in the Legacy era all the way through the newer “informal” verbal piss ass sparring over the telephone at a Higher level of review (HLR). Nothing prepared me for what I walked into July 12th. Nothing. It plumb rolled my socks down.

VLJ Laura Cryan  began her running diatribe, as I mentioned, before I even had time to sit down, unpack and get my brief or notes out. If you read the 76-page hearing transcript below, you will see the discourse between us was filled with interruptions throughout the hearing. I could no more get a word in edgewise than a dead man. Every time I began a sentence, she’d cut me off at the knees. I finally decided to just kept talking right over the top of her after half an hour of this tomfoolery. Shoo doggies. Once she set the tone to be rude, she should have expected I was going to follow suit. Granting her the honorific of ‘Your Honor’ flew out the window about 2 minutes after being sworn in..

REDACT BVA hg,. Txscript

In the world of BVA hearings, one of the prime purposes is collecting information from the Veteran in a civilized manner. That would generally require listening. Personal attacks are verboten-or so I thought. How, then, to do so when every answer is followed with a biased, prejudgmental rejoinder or a subjective conclusion as to case or controversy? Every attempt I made to explain the history of the Independent Living Program and my ILP grant of the greenhouse was met with “You don’t look disabled to me, bubba. Let me see if I have this right. You got on an airplane in Seattle and flew here for this hearing? You walked in here without so much as a wheelchair? You are currently employed as a VA agent? Why on earth should I grant a larger greenhouse? Personally, I don’t think you deserve one at all. In fact, I have the power to rescind the award because you no longer qualify.”

I ran into this exact same scenario back in July 2016 ( after I thought I’d won) when the head honcho of the Seattle VA VR&E program arrived and began a similar diatribe.  David Boyd, former peacetime tank commander in eastern Germany (E-6 20-year lifer) cum VA VR&E officer, started offering his observations on my health shortly after arriving on my property. The guy was morbidly obese- or in the current, woke vernacular, ‘weight-challenged’. If he’d been airborne, he’d of dug a pretty deep crater when he landed.

By way of explanation, I applied for a slot in the ILP waaaay back in March 2011. What the hey? There are 2,700 slots open every year. That’s pretty good odds for a lottery.  I asked for two things. I desired a heavyweight computer for writing my asknod blog and a greenhouse. Why a greenhouse you ask? Simple. I suffer one of those arcane Agent Orange diseases which is hardly run of the mill like prostate cancer or DM II. It’s called porphyria cutanea tarda. I can’t spend too much time in the sun gardening or it burns my skin up. It was one of the very first diseases, along with chloracne, to be associated with herbicide exposure manufacture…back in 1958 at the Monsanto factory up in Columbia, Tennessee. Seems all a large number of the  AO production workers were running around with no protection and had mega-irritated skin and huge, black zits all over the exposed areas of their hands, faces and necks. Well, certainly no more than 83% of them. It wasn’t like it was all of them.

Monsanto’s repair order for this was elbow-length gloves and paper masks. I reckon that would work for everything below the elbows. The masks were just for appearance’ sake like a good photo op for stockholders. I guess if they’d done a long -term study, they’d of found all them Monsanto fellers were also six feet under up at the Columbia cemetery due to a wealth of Parkinson’s, IHD, lung cancer, DM II et cetera. It would take about two more generations of folks (most all of them Vets) to demonstrate dioxin did a wee bit more than just kill plants.

I can remember now, in retrospect, the first spray event I witnessed somewhere in Southeast Asia. Probably east of the Plain des Jarres  near the trail.  The 123s had gone over about an hour before we landed. Our FRAG order had a NOTAM to keep out until 1300 hrs. Everything had a light, oily mist on it with a heavy odor of petroleum. When we landed again the next day, a lot of the local villagers started coming in with lots of fresh wildlife. Monkey ball soup was a rare delicacy. And boy howdy was it everywhere that day-and 10¢ on the dollar to boot (figuratively speaking). The reason for its relative rarity wasn’t that complex- it took a shit ton of monkey cajones to make this delicacy. What was really missing, though, were the mosquitoes. Ants. Snakes.

Fact is, there were a large number of us who considered this somewhat of a miracle with respect to the mosquitoes alone. If you never had a big, fat bead of perspiration laden with Deet™ roll down your cheek and into the corner of your mouth, you’ll never grasp my analogy. As for those little red piss ants, I can’t see how even God would  miss them. Too bad they didn’t tell us that in another 20 to 40 years that shit would begin killing us. I even heard of one guy who brushed his teeth with Deet and swore it came out through his pores and he never got bit. I wouldn’t doubt it.

So, meanwhile back in DC… The Vet who introduced me to the ILP was an old Georgia boy called Bruce Almighty. He was a four-tour Dustoff medic (’68-’72) with a few medals to go with it. If you ever wanted an advocate, Brucifer was your go-to guy. He went five years in the ILP desert before he won his greenhouse. It gave me something to do after 14 months and four operations at the VA. I studied hard and even kicked my Dilaudid jones the VA had graciously given me as an inpatient-all while I learned VA ILP law. My wingman at the hearing was no other than his son Brandon.  I reckon I disremembered to tell Judge Cryan he was also one of my clients but he swore to tell the truth so we were good to go. It’s too bad her honor the good Judge  was so busy yammering or Brandon mighta even got to say something, too.

I gotta tell you I have never had a Judge not let me approach the bench and hand him/her a copy of my brief to use as a roadmap while presenting my argument. Of course, I’ve never suffered an ad hominem attack the likes of this one before any venue at the VA. Having that brief frees the Judge up to listen to you instead of trying furiously to write down all  the regulations you cite to or the CAVC/Fed Circus precedence (that’s presidents to you folks over at Yuku VBN) you’re enunciating.

You can read my legal brief below. It felt like writing the Gutenberg Bible. I’ve never had one run to 26 pages (without exhibits, no less).  But then I’ve never been berated for 76 pages in a hearing so there’s a lot of new shit going on in my life. And I sure have never had anyone who works for VA say ” Here, Buckwheat. Sign here for your brand new 20’X 28′ heated ADA greenhouse with hydroponics.” and then  four months later fun me and  substitute the 15’X20′ one they and I had mutually determined earlier was too small.

This wasn’t even subtle. The first thing they tried to get me to sign was a blank VA Form 28-8872 saying ” here’s what you and I have agreed on.” Yeah right. You don’t see the USS Mayflower  tied up to my front porch and I wasn’t born last night. The second time was two months later when they handed me one all filled out for a 15’X20′. I asked why I didn’t get a seat at the table to discuss it.  The answer was rather blunt-“Shut up and sign or we’ll put it in the circular file and you’ll get nothing. The ghouse didn’t even have a heater or lighting. Water? You don’t need no stinkin’ water, señor. I guess you could say it went downhill from there.

So, the die is cast. We shall see whether I get to lie down in green pastures or I stepped on the dirty end of the VA punji stick. Good thing I’m admitted to the Court. I kinda get a sneakin’ suspicion ol’ Judge Cryan  has her preprinted marching orders on this one. I have 12 years into this and had 19 invested into my original claim. If you look up ‘delay, deny until we die’ in the dictionary, there’s undoubtedly a picture of me. I’m not about to piss on the fire and call in the dogs now. And that’s all I have to say about that.

redact filed BVA brief -exhibits filed 8.19.2023

Posted in Agent Orange, BVA Hearings, Independent Living Program, Tips and Tricks, VA Agents, Veterans Law | Tagged , , , , , , , , , , , , | 10 Comments

EXPOSED VET RADIO SHOW-THURSDAY 8/10/2023

Posted on August 9, 2023 by asknod

Ah. The Bat signal in the sky over Gotham indicates it’s that magic moment when we convene for another evening of VA-sponsored entertainment. You’d have to concede they give us plenty of fodder to chew on. Between constant changes in the law, congressional giveaways that slow it down to a snail’s pace and VA’s  general ignorance, it’s a never-ending battle to stay on top of things.

Tomorrow night, John and Ray have asked me to expound on all the iterations of Dependents Indemnity Compensation- generally referred to as DIC. It’s intriguing that they asked me to give this briefing because the other day I saw a gal’s query on the subject on my favorite Vietnam Veterans’ Face Place™. The FB page is called Vietnam Veterans The Best of the Baby Boomers. I answered her query because a number of others had commented and obviously weren’t up to speed on the DIC subject.

Truth is, I stepped on my necktie and fell in, too. But, just to be sure, I delved into the regulations on it to be safe and went back in and corrected myself by supplying the correct answer. The fact of the matter is that it’s not my forte, per se. I only do DIC stuff when my client passes away. It’s a favor I gladly indulge because what the hey?- I’d sure be glad if someone did it for Cupcake if I augered in.

Filing for DIC isn’t complicated unless your client has a pending claim. In those cases, I have to file the surviving spouse for substitution. For the benefit of the listeners tomorrow night, I attach two documents here for reference. One is the VA Form (VAF) 21P-0847 for substitution. Do not let anyone tell you you do not need to file it. (see comments below) You have one year to jump in and salvage the existing claim.

I’ve had VSOs who tell the spouse to just file the VAF 21P-534 EZ only and check the boxes. That won’t cut it. Worse, VA isn’t in the habit of writing to tell you to be sure to get your substitution  document (or the 534) in pronto. Fact is, VA isn’t in the habit of doing anything in a pro-Veteran sense for the most part. Some of the rating decisions (RDs) I read are a masterpiece of ambiguity. I’m guessing I’ve read over two thousand that say little more than “Sorry. You are not eligible for a&a.” No reason. No rationale. No “here’s what you need to win but you don’t qualify.”

By rights, your RD should have a blurb at the very end that says Favorable findings and another somewhere that indicates what you need to get there. But gosh. Since when did VA ever follow the rules?  Here’s the first-the VAF 21P-534EZ. The pages are numbered to include the instructions but using their page numbers, page 10, box #2 I, you’ll find the correct place to check off your choice.

VAF 21- 534

Yep. It says you can check off “accrued benefits”. That’s VA-speak for a pending claim that existed when your partner went tits up. Even VA employees will insist this is all you need to ensure you’re substituted. Don’t fall for it.

U.S. Special Forces troops stationed at BuPrang Special Forces camp 110 miles northeast of Saigon, run for cover as dust settles from an exploded enemy mortar shell that just landed immediately behind them in 1969. (AP Photo)

Here’s the VAF 21P-0847 for substitution. The funny thing is it soesn’t capture the spouse’s date of birth but don’t worry. That question is on the 534 so they actually need both forms to even make this fly properly. I “de-templated” it for this post. I put my VA email and office telephone number on mine to ensure they don’t get too hyperspazzed out and come unglued when they receive it.

VAF 21-0847 Template

One thing I’ve learned in this business is that if you use an old, outdated form to apply, they’ll always kick it back to you and say ‘sorry charlie’ and ask you to resubmit the proper most recent version. Of course, they don’t actually tell you that you used an outdated one. They just say they can’t accept it because it’s “defective”. They leave it up to you to decypher.

So, here are  the commo links for tomorrow evening. Feel free to chime in if you’re confused. That’s why we do this. Actually, of all the VA endeavors you may undertake, this one is probably the easiest for amateurs to do. The turn around time averages about two to three weeks unless there is some unforeseen complication but we’ll try to cover those eventualities on the show.

The telephone number remains unchanged (515) 605-9764

the computer link, if you choose that route:

https://www.blogtalkradio.com/jbasser/12256715/connect/342651d8fb67743bf51871b3f148d8a70504798a

Dial one (1) to speak to party you wish to speak to. We don’t have any Ernestines working here but I do a dang good imitation of her. Come to think of it, so do the VA gomers who call me.

What's a ringy-dingy? | How to memorize things, Lily, Makeover

Posted in DIC, Exposed Veteran Radio Show, FACE HUMOR, Tips and Tricks | Tagged , , , , , , , , , , , | 5 Comments

THE DOG DAYS OF SUMMER–PLAYING THE RACE CARD

Posted on July 30, 2023 by asknod

Greetings fellow Veterans. I’m hoping this finds the majority of you with completed claims and fat bank accounts. Right. What am I saying? Like that’s ever going to happen. From my perspective, it looks like VA is hiring more -and boy howdy do I mean More with a capital M- of every stripe of employee to try to get a grip on the backlog. That’s a dry hole in oil drilling vernacular. If you wage war for twenty-plus years straight, you end up with the proverbial shit ton of damaged Veterans. It takes 16 months to train a rater and they’re just now getting started? Didn’t Vietnam teach these chuckleheads anything?

Here’s what I know. I have about 80 active cases I work and right now I have five or six brand new clients lined up out the door just waiting for me to dive into their claims. They’ve been on Arlo Guthrie’s Group W (waiting) bench  for one reason alone. I have to keep fighting the VBA raters over and over on the existing claims. Litigating SMC is time-consuming. Nobody knows how to do it as evidenced by repeated denials even though their 2680s all say they’re charcoal.

There’s a simple reason for this. Primarily,  there are simply too few raters who have been trained to do it. The sub silentio reason is even more glaring. Raters know what happens if you’re maxed out with 100% for PTSD and TBI. They’ll artificially try to corral you in the SMC S hoosegow until you wake up one day and ask for more. With TBI, I find almost every one of my boys is a candidate not just for aid and attendance but for SMC at the T rate which we all know is SMC at the R2 rate. That’s $10,567.47 shekels per month (married).

Pulling the trigger on that authorization is anathema to most raters. They’d rather eat dogshit hotdogs than cut the paper in your favor. I get a bang out of some of the verbiage I read. How about “The clinician (think QTC/VES/Optum etc. FNP) stated you need ‘prompting’ to remember to take your Thorazine but not full-time medication management.” Ditto “You need to be reminded to take a shower and maintain your personal hygiene…but not on a regular basis.” Whiskey Tango Foxtrot, over?

Just for shits and grins, let’s parse what §3.352(a) actually says.  Down towards the bottom there’s the dead giveaway:

“It is only necessary that the evidence establish that the veteran is so helpless as to need regular aid and attendance, not that there be a constant need.

Ruh-oh Rorge. To see this denial technique in action, you’d have to look at something I never spotted or dialed in on until recently. It’s ugly. Take your protein pill and put your brain bucket on. Here goes nothing.

In early April, a group of four Vets arrived at my front door looking for a&a and SMC T. Each and every one of them are eligible. The worst is one who had made 7 attempts since 2013 to summit Mount A&A and failed each time. One is burned on over forty percent of his body with enough ratings to pile up four 100%s combined. Do you think he qualifies? Oh Hell no. He hasn’t lost the use of any of his four appendages. He’s not blind. He can walk after a fashion if he eats enough Trazadone or oxycontin. So what is their impediment to success? All four of them, are black -as in African American.

Now, let me say this about that before I step in it. I might have been born in the south and seen blatant racism first hand in the fifties. I might have served in Vietnam and witnessed that subtle racism that divided blacks and whites into two camps. I even bunked with two of the most wonderful black folks I ever had the pleasure to know for six months. But I sure never expected to encounter all-consuming black hatred at the VA.

You read that right. How could that kind of racism over ratings be alive and well in this day and age of woke insanity? If you go into VA’s rolodex of employees now, we (yep-me too) can add our pronouns after our names just to ensure nobody “misgenders” us. Perish the thought that might happen. But, if you’re black, you get redlined. Game. Set. Match. Well, you do until you hire me as a Rep. I won the first one by brute force late in April but the Vet still hasn’t been paid yet. I actually had to contact the OAR (Office of Administrative Review) and ask if they had two sets of rules for this poker game- one for white bread and one for pumpernickel. They didn’t answer me other than granting it.

Turns out they really change their tune once you pitch a bitch. Bingo. Sorry Alex. Somebody screwed up and we fixed it…sort of. They kicked it back to the offending Coach in question and ordered him to cut the paper. He rewrote it granting a&a but couldn’t resist sticking the knife in and wiggling it a bit. He sent it back to the QTC gomer and got him/her(they?) to change his mental state to incompetent to handle VA funds. That means he gets a fiduciary who peels off a couple five hundred a month to ‘supervise’ him and make sure he doesn’t squander it all in Vegas on a stripper. Quo Vadis the nonadversarial VA-friendly venue in which to adjudicate our claims?

Given VA’s record of hiring fiduciary critters right out of prison with former records of embezzlement, I can say with authority that you do not want one of these bloodsuckers attached to your benefits. Extricating yourself from this tar baby isn’t hard but it’s time-consuming and should never even happen. Sure, there are some who probably need it but if they have loving family or a devoted spouse, they don’t need that overbearing presence watching their every expenditure like a hawk.

As for this black issue with VA, it actually isn’t a phenomenon. I googled it for shits and grins yesterday and was dumbfounded to find out VA figured this out waaaaay back in 2017. Check it out:

https://www.washingtonpost.com/politics/2022/11/11/racism-benefits-black-veterans-study/

Or this: Senator Richard (DaNang Dick, aka Bien Hoa Blumenthal) Blumenthal even helped get this rolling. Nothing like getting help from someone who disremembered being there!

https://www.washingtonpost.com/politics/2022/11/11/racism-benefits-black-veterans-study/

Or a VA finding of fact:

“According to a Yale University statistician who analyzed the VA records, the records show throughout the two-decade period that the VA denied Black veterans disability compensation at an average rate of 29.5%, compared to the 24.2% of White veterans who were denied disability benefits. The VA notably granted disability compensation to Black veterans at an average rate of 30.3% and White veterans at an average rate of 37.1%, the lawsuit says the statistician found.”

https://www.cnn.com/2022/11/30/us/va-black-veterans-discrimination-lawsuit-reaj/index.html

Or:

https://www.rand.org/blog/2023/03/reducing-racial-disparities-in-va-disability-compensation.html

I could cite 50 more articles but they are pretty much redundant on the subject. So, being a total dick, I emailed hizhonor Denis the Menace yesterday afternoon and asked him why this conundrum exists in 2023-and why to what appears to be a select cadre of Veterans of a specific race. I’ll get back to you if and when he deigns to enlighten me.

 But let’s think about that. VA has a cadre of bean counters-legions strong, I might add- who do nothing but try to figure out important statistics about Veterans like how many of us pee when we first get up in the morning versus how many can hold it until 10AM. That may be a facetious shot but it conveys the VA mentality on the “need to know’.

The corn is almost 12 feet tall this year. I get that. I can see it’ll  go taller yet and most will have three ears. I supersized the horse poop this year. I had to use a six foot ladder back in 2013 to retrieve them. There’s a lot of chemtrail activity hereabouts which folks tell me always guarantees a good crop. The beets are already huge. I checked out the carrots yesterday and it’s going to be a bumper crop. Shoot, I might need a backhoe to get some of them out.

The peach trees are overwhelmed with fruit so I had to take a pair of crutches out and prop up a few branches. Ditto all three apple trees and the plums. I’ll write an article here directly on the ILP greenhouse trip to DC and horrendous reception the VLJ gave me. It began with ” you don’t look very disabled to me, dude. You flew all the way across country for this hearing? Amazing Mr. Graham. Well, yeah. I did. But then again I wasn’t out in the sun in a f—–g biplane, your honor. It went downhill from there. In fact, it took so long I had to change my flight home because I couldn’t make it to BWI in time due to the 2-hour dressing down I got for having a job and the temerity to ask for a greenhouse.

This is a developing story. News and film when I get a chance.

Posted in Complaints Department, Food for thought, R1/R2, SMC, Special Monthly Compensation, TBI, VA Agents, VA TBI, Veterans Law | Tagged , , , , , , , , , | 3 Comments

EXPOSED VET SHOW–THE REAL VETERAN’S RADIO SHOW

Posted on July 17, 2023 by asknod

I’ve been sent links to watch this Vet’s show and that Vet’s site. I’ve searched high and low for shows that inform you in real time on how to file and which “lane” you want to be in. And all too often, they’re too generic or recite stale information which can actually be downright harmful to your bottom line. I’m not going to drag names through the mud. I’m sure not trying to hype my site, either. I don’t have enough time as it is to write full time the way I did in the good ol’ days of the mini-Depression. I enjoy climbing into the ring and duking it out nowadays.

This is why a good radio show that freely hands out current, up-to-date  data on our “Area of Operations” without any snake oil is rare. I ‘m not selling anything. John and Ray sure aren’t. It’s almost boring. Between us, we don’t have a single t-shirt or coffee mug emblazoned with our logos for sale. What we do have, I feel, is free information about specific fields of compensation-some that are rarely investigated or that few know of. No pay walls. No manuals for $9.95 + tax & shipping on ‘How to…’.

Nevertheless, I strive not to neglect the FNGs- the pings, the cherries or whatever you call  them. To them, our banter might sound more like French. EED? 4138? NOD? Becoming immersed in this and adroit just understanding the terminology is only half the battle. It  changes all too frequently. The Vet offering you a recital of what he did back in 2006 to win a mega six-figure retro is useless now. It’s like explaining a Motorola brick phone to a Gen Z. Yoo-hoo? We don’t use VA Form 9s anymore, old man.

I can’t even begin to tell you how depressing it is to sit like a fly on the wall and eavesdrop on some of  the oldtimers who pass for the resident experts handing out stale advice on how to accomplish something they haven’t done themselves in over 20 years. I reckon they mean well… or do they? I sure don’t mean to be that old lady in the Burger King™ commercial asking “Where’s the Beef?” But then, too, you can go to some of the Big Name sites of Big Attorneys PLLC and hit the chat button. You’re in for a heapin helpin’ of what if’s, couldas, betteroff’s and lastly, ‘let me get your email and I’ll have one of our paras get back to you. I just answer the phone, sir.’ In this day and age, everyone wants instant answers. Newsflash. There ain’t exactly a shit ton of us out there providing those VA Google© search answers licketyspit.

This simply doesn’t help with the VA claims addict who wants an instant fix. So naturally they come to Gotit.com and ask advice of  some Vet who goes by Tay Ninh 1970 and signs all his replies with ‘I am not an attorney or VSO and my opinions are strictly mine (no flies on me).’ These shade tree law dogs are also are fond of citing to CAVC “presidents” or the M21 1MR. Funny how they ignore the actual statutes and regulations or neglect to mention them considering that is where the legal answers lie. The problem is elementary. You need an Encyclopaedia Britannica to turn them into Veterans’ DickandJanespeak.

Well, folks, at Exposed Vet, I think John and Ray’s thrust is to find different, valid perspectives. Face it. You’d get bored with a constant diet of Broncoboy word salads which always end with telling you to call CCK Law or Kenny Carpenter. Shucks. I do business with Robert and Ken on a fairly regular basis but I use them for complex things like brain surgery up at the Fed. Circus-not tinnitus and pes planus. For everything else there’s  Mastercard™, right?

Now, don’t misunderstand me. I’m not suggesting you eschew attorneys in favor of VSOs- or agents like myself. One thing I know is a lot of Agents are not afraid to take on what we politely refer to as Unicorn cases. A lot of attorneys will refuse them. Regardless, I strongly suggest you use a National Org. of Vet Advocates (NOVA) atty. or Agent because of the high standard of training we pay dearly to get.

What I also strongly suggest is avoiding the new plethora of pop up ‘advisors’ who will do your claim based on their good ol’ five-fifty warranties- five months of your increase (including dependency) or not more than $50,000 dollars, whichever is larger.  Hell, that ain’t a warranty. That’s a guarantee they’re gonna soak you ’til you fingers get wrinkled. A NOVA dude doing it for 20% of whatever he can win is a chicken dinner winner…and far cheaper. If s/he loses, there’s no charge. The problem is usually finding a good law dog who isn’t a  claims cherrypicker. I’m sorry, Virginia but there is no Santa Clause in this business.

Face it. There’s uncomplicated, straight-forward musculoskeletal or disease claims. But then there’s §1151 claims. There’s §3.156(c) claims. There are SMC nightmares. Not everyone in this business has that intestinal fortitude for difficult cases. I’ll tell you what it feels like sometimes once you dig in. It’s that feeling you get down in your stomach when your pilot stalls the Porter 150′ off the top of the canopy (alongside a karst) and you see him silently mouth the words ‘oh.shit’.  I don’t feel that insecure anymore doing this but I can  say as I still don’t cotton to §1151 claims.

Exposed Vet is far more likely to acquaint you with real-time quirks developing in VA law. The guests will probably be far more hands -on, too. I’ve watched the guest speakers for the last 10 years or so, and, for the most part, I can’t see where you could go to get better advice. It’s funny. On one site I read occasionally, the Big Banana always exhorts newcomers to head to va.gov pronto and file! File! File! Who cares if the claim is meritless? Get out there and gum up the system, soldier. And be quick about it.

Conversely, the “pink site” should have a huge sign at the entrance saying “Abandon hope all Ye who enter here.” Their resident doctor (Ye Olde Medic) back in the day averred that all folks with the Hep C virus were parenteral drug abusers and unworthy of compensation. That one-size-fits-all mentality is a learned response-usually originating in 20-years-and -out lifers’ prefrontal cortex due to ETOH poisoning.

So, if the spirit moves you, tune in Thursday night at 1900 Hrs East and 1600 West. You won’t get Combat Charlie droning on about the chances of winning a HLR, The Three Stooges from VBN® or the seventeenth recital of how Tay Ninh 1970 won his SMC S pro se without an attorney. What you will get is some ol’ boys from the back woods of Kentucky or Tennessee with one hell of a country twang in their speech. If you can get by that, you’ll probably enjoy yourselves.  Be so kind as to mute your mic if you’re grazin’ the Fritos or the dogs are barking.

The call in number remains

(515) 605-9764

Dial one (1) (un)(nung)(duy nhứt) if you wish to enter the conversation and ask a question. Or, go on your computer, go to:

https://www.blogtalkradio.com/jbasser/12248813/connect/c019a8c5d0eea69aa642efb8e4703226ae07faa9

On behalf of myself and the rest of the crew, I hope we’ll pass the audition.

P.S., We’ll also be talking about my foray down to San Diego yesterday for a BVA hearing (video) with my client who has waited 4 years + for his day in the sun. The attached below was misconstrued as a desire to withdraw his request for said hearing. This illustrates what we are dealing with at the VA. Think about it. A GS 13 interpreted this Legacy document as an AMA docket. All AMA docket numbers are the date of your VAF 10182 NOD-e.g., 190707-31582 would be the 31,582nd VAF 10182 received in the year 2019 at the Board on July 7, 2019.

This is what a $143 BILLION dollar budget buys you -idiots.

redactWithdraw BVA Appeal No 1332498A

Posted in Exposed Veteran Radio Show, Tips and Tricks, VA Agents | Leave a comment

M 21-THE ORIGINAL AI–NO WONDER VETS ARE SCREWED

Posted on July 3, 2023 by asknod

I apologize for my absence here. The VA tasks me. They scheduled five hearings I’ve patiently waited four years for all at once. I’m racking up frequent filer/flyer miles at a stupendous rate but have no time to even answer the phone or offer advice to Vets. On top of that, my fourth grandchild Daphne was born last Monday and I was so busy writing appellate briefs, I didn’t get over to see her until the day before yesterday. Lots of news to share and very little time to do so. Here goes.

First off, I think everyone who doesn’t know it’s against the law to practice VA law without accreditation should be aware the bell will be tolling for you fellers shortly. I just received this from fellow agent Doug Haynes. I wondered how long it would be before someone geared up to combat this atrocity. Think about it. Even if you’re the most hotshit VA law dog in the universe, you’re still limited by law to charging no more that 33 1/3% commission on the winnings. I charge 20% and so do most others who authorize the VA to be their collection agency. Imagine having no accreditation whatsoever and soaking Vets to the tune of over 50% a pop for a win. Sucks, huh? So I was enthralled to read the Pels Group have decided to sharpen their spears and skewer these chuckleheads. Right on.  https://vadisabilityinvestigation.com/

Finally, after seven years waiting patiently for SOCs, VA 9s and VA 8s, my own day in the sun has dawned. Thomas Williams called me this morning from BVA VACO and asked me if I prefer tea or coffee while I wait in their  lounge on the 12th for my hearing with VLJ Lauren Cryan. There, the VLJ will entertain my plea for a larger greenhouse than the 10X15 visqueen shoebox w/ 60 watt lightbulb heating they originally proposed back in 2016. After appealing for a 24X28 and hydroponic gear, my entreaty was rudely rebuffed and the head of VR&E declared they were already being far too lenient in even granting entitlement to one. The trouble with that is the BVA was the one that granted it- after the AOJ VRE cowboys denied it for five years. VR&E folks have short memories or else they’re smoking some killer gunsha.

As for the M 21 and Artificial Intelligence, this will be a lesson on SMC in a roundabout way. It began with a serial stalker named Harry who snuck up on me during the ‘confinement’ pandemic in late 2021 and hornswoggled me into taking his claim for R1. Moreover, it metamorphosed into having to fight an incompetence allegation as well as an earlier effective date of 2002 for his SC for Parkinson’s under §3.816(c). To say this was a battle royale would be a masterpiece of understatement. Harry had arrived with a veritable suitcase full of problems. Harry is my kind of people.

Harry was granted a&a due to a plethora of problems.  Read his BVA decision down below this. Note how the VLJ wrote it. The need for a&a was based on “impairment” of extremities. Note she did not say the condition of loss of use of extremities existed. This is where the precedence embodied in Breniser v Shinseki  comes in handy. ‘Condition’ is the operable word. Note also on page three of the BVA decision that Harry was granted SMC S for Interstitial lung disease as the “anchor” 100% to the grant of SMC S. Thus it can be said Denis the Menace was in constructive possession of the knowledge that Harry was waaaay past severely 100%. What the hey? I got him advanced on the docket three times now off the same doctor’s note saying he’s terminally ill and expected to live no more than 2-5 years (circa 2022). https://www.va.gov/vetapp20/Files11/20075742.txt

I fought extensively for four months straight to get him his R1 and succeeded a few days after the New Years hangovers of 2022. During this period, I did some dumpster diving in VBMS and noted he hadn’t been granted the bumps we all get on top of the SMC L. He had been entitled to L 1/2 for several months and then an M for the lung disease up to his grant of R1 . As those who do this know, VA isn’t exactly forthcoming about all these 1/2 step and full step add-on bumps described in SMC P under §3.350(f)(3)(4). Surprise, surprise, surprise- in the immortal words of a TV Marine private. Purposeful it may be. Yessssssssssssssss.

So, being a perennial pain in the VA’s ass, I filed him for it. The Jedi master I learned this trade from said never to leave any money on the table. This is where it gets funky. I expect there’s no love lost between me and Denis. I’ve always pooh-poohed the old saw about VSOs chiding us not to be greedy or it’ll bite us in the ass idea or that they are always looking for a way to whack your rating and reduce you if you file too many claims. But this time, it appears true. Either that or Denis has a hard on for me. The funny thing is this is going to be easier to repair than trying to hit something with nape from 1000 feet ASL at 300 knots.

The BVA granted the bumps as I had expected but when it came time for the OAR in DC (VBA397) to write up the BVA’s decision, it went into cold storage. I found out why the other day. These bozos are trying to reduce him back to SMC O because the a&a was granted based partially on the Parkinson’s issues in all four extremities. Remember them? VA plumb forgot all about them for a year while I fought arduously to get him the R1. Now, they say they somehow forgot to retire the old 8515 and 8520 ratings they actually gave him in 2017-2020 and insert the DCs 5109 and 5110 for the loss of use. Kinda like the blind leading the deaf across the street against a red light.

So, their idea of how to fix it was not to apply the Akles rule and not examine all Harry’s disabilities in great detail to see if they could do a Buie “rearrangement” of the ratings such that the interstitial lung disease could be substituted for the a&a and he’d remain at R1. Oh, hell no. They went balls to the wall into “screw the Vet” mode and whacked him down to O. As an aside, if you wonder why VA can’t figure out SMC, part of the problem lies in the M 21. It’s riddled with errors on the subject and VA either chooses not to correct  it or is complacent and likes it the way it is. Keep in mind that §3.350(e) describes SMC at the O rate as the “maximum rate”. Yeah, right? Most of us would argue R2 or T is the maximum rate but semantics was never the VA’s strong point.

Redact bump and CUE reduction

Redact Code sheet for reduction to O

I figured I’d be getting that call with the “Another fine mess you’ve gotten us into, Ollie.” I did get the call but Harry said he trusts me to get it sorted. I will. It just seems like such a waste that I have to keep sweeping up the VA’s broken glass after they screw it up.

I reckon I’ll have to file a CUE claim and explain how §3.103, AB v. Brown and Buie v. Shinseki applies. Worse, these chuckleheads are using a BVA ministerial remand a la Encarnation v. McDonough as a vehicle to combine two disparate subjects into one. Seems there should have to be a proposal to reduce, n’c’est pas? Anybody down at the corner of Delay Street and Deny Avenue ever hear about §3.105? Due process? Oh hell no. They’re lost in space and happy as pigs in shit, folks. They have their M 21. What else do they need?

Happy 4th of July to all of you. Remember, there is no 1004 with hand grenades or fireworks so be careful. Notwithstanding my love of SMC, I like you with all your parts and pieces firmly attached whenever possible.

P.S. Enjoy the video from-who else- Ed the LURP.

Posted in 4th of July, Independent Living Program, Lawyering Up, Veterans Law | Tagged , , , , , , , , , , | 4 Comments

BVA–CLEANUP ON AISLE FIVE

Posted on June 17, 2023 by asknod

I’m sure we’ve all heard that one before down at Piggly Wiggly. Whoa there, hoss. That’s going to have to change. The name just drips fat-shaming and small airline seats. I’m sure  the wokefolks will be along directly to ask them to consider a more kind and gentle brand name. But that’s not what I called you here today for. Nope. Not for Father’s Day either. Below is one of those appeals that has never happened to me in my brief career using my new super power for the betterment of Veterans. Read on.

Back last summer, July 6th to be specific, I filed two disparate NOD 10182s. Both were for the same Vet but the subject matter was vastly different. One was for an earlier effective date ratings percentage. I’d already won the earlier 2002 date for the claim. We were just squabbling over the ratings percentage for his Parkinson’s.

The second NOD was a CUE. I hate to file CUEs. You just know it’s destined for the BVA if it involves SMC in any way, shape or form. I’d won the a&a and was merely “cleaning up” the assigned rating. It was a simple, straight-forward bump case under §3.350(f)(3) for two months and another eleven months up at SMC M (full-step bump under (f)(4).

I’m a silver-tongued devil at a HLR in most subjects but when you run into a booth bitch with no SMC comprehension who only sees you as a welfare cheat or trailer trash, that’s all she wrote. And boy howdy that’s pretty much what she wrote. I’m not sure what manual or book of CFRs she consulted but apparently, it/they didn’t contain anything on §3.350/§1114 . I got the 30- minute treatment. That’s how long it took to write up the denial and publish it in VBMS. I watched it happen in real time. It probably wasn’t even her personal best time either. This chick was ice cream brain freeze cold.

So, having struck out in St. Pete’s DROC, I headed up to the BVA with it. My mistake was in filing them both one right after the other. Both showed up a few days later in VBMS as having been received but I only got one AMA letter saying “it” had been docketed in the direct venue. I decided to cut bait and wait. Big mistake. Being pretty busy, it slipped my mind. Well, at least until December of 2022 when the other BVA appeal popped back up in the infeed with a remand. As you can read below, the VLJ noted there was another appeal docketed and pending, but in the new AMA, the VA can’t possibly digest two appeals at the same time without getting the vapors.

redact BVA 12.22 remand

I began pestering them in March that my boy was terminal and reminded them he was advanced on the docket. I got a nastygram from the BVA Litigation and Support krewe saying “We already decided that one, dummy.” and enclosed a new copy of the December remand. At some point I think I may have sent my own nastygram inquiring of their possible wolf parentage and suggestions to check in with Ancestry.com™.  The commo went dark for a while and then I shotgunned one of those emails off with a cc: to the VLJ who wrote the decision (the Honorable Ryan T. Kessel) mentioning the CUE was still pending. Boom Shaka laka laka. That did it.

 The BVA apologist called back and said they were flat ass on it. I couldn’t see it in CASEFLOW so I started throwing rocks at the CASEFLOW window. Wonder of wonders. In this now-AMA world we live in, this July 2022 NOD had segued into a Legacy NOD and was hiding in VACOLS. I attach it here below. Check out the Docket No. -23-00 162. I read that to be the one hundred sixtysecondth cleanup at 425 I Street NW this spring.

redact BVA grant for ^ SMC M

All’s well that ends well. Harry got his just deserts in this, his last CUE and we have the one last matter of being desirous of a rating which renders a decision granting every benefit that can be supported in law while protecting the interests of the Government. The VA examiners get a little too hasty after they grant a claim. SMC, being an ancillary benefit, simply doesn’t come up on their radar unless you whack ’em upside the head and remind them. Even then, I frequently end up having to go up to the Big House to find legal minds who can read with greater comprehension.

As for old retros back to 2002, we all understand VA’s recalcitrance about conceding such a large error. It really isn’t that much money in the scheme of things. I heard a few days ago in a congressional hearing they (VA) allowed as they disremembered where they put $3.4 billion last year. That’s a shit ton of disremembering in my book but maybe I’m just one of them small-minded thinkers who doesn’t get the big picture.

redact filed 10182 5.26.2023

Happy Father’s Day to you who procreated. Oh what the hey. Happy Fathers Day to all of you who identify as a ‘father’. Did I get that right?

 

Posted in Appeals Modernization Act, BvA Decisions, BVA Referrals, SMC, VA special monthly compensation, VBMS Tricks | 5 Comments

PCAFC–EVERYTHING YOU NEED TO KNOW

Posted on June 13, 2023 by asknod

Well, let’s qualify that. Everything you’ll need to know about the questions you’ll be asked if you wish to apply for PCAFC. PCAFC stands for Program of Comprehensive Assistance for Family Caregivers. I think they should just call it VHA A&A. Or How about A&A Type II? VA is already an utter miasma of acronyms. To the uninitiated, it could drive you to tears listening to VA litigators discourse using all these terms. I find a new one every day in VBMS trying to decypher VA Rater’s notes. 

 

Anyway, here’s the document that I refer to above. I hope it informs  and aids any of you in your pursuit of caregiver benefits.

WorkshopSession3_VA PCAFC Veteran Functional Assessment Instrum

On another note, I recently had a Veteran approach me and ask for advice on their SMC aspirations. I gave him a Padawan’s introduction to SMC using Breniser v. Shinseki. George Breniser’s case is a wonderful stroll down SMC Lane and explains what you need to prevail and proceed to the higher  levels of O, R1, R2 and T.

The thrust of Breniser is simple. Pyramiding was the primary argument in the Georgemeister’s appeal. He wanted A&A for his loss of use (LOU) of his legs. He lost because you only get one L, M or N  coupon for each “condition”. He legitimately had LOU  of the lower extremities and was awarded LOU under §3.350(b)(1). All well so far. The appeal hinged on George’s interpretation of how this SMC gig works. The key phrase is incorporated in §3.350(e)(1)(ii)- i.e., “no condition considered twice”. The Georgester reasoned that because he had a condition (lou), he  was thus entitled to a&a because he couldn’t do shit like all the rest of us.

So, where do we get this laundry list of ‘conditions’? Why §3.350(b). SMC L inaugurates a Veteran into the higher levels of SMC. SMC K and S are minor awards in the financial scheme of things. You can’t “build” higher SMCs off of them. The five conditions entitling you to SMC at the L rate are:

1) loss of use of lower extremities (feet)

2) lou of a foot and a hand

3) blindness at 5/200 or 5 degrees or less of concentric  field of vision.

4) the need for aid and attendance of another

5) Bedridden

And that’s all she wrote. If you have two of these conditions and they are not related to the same “disability”, then you are in high cotton. If one is for a&a, then you’re really on Bucks Boulevard.

In the case of the gentleman asking me about his entitlement, he had been awarded a&a for his cardiomyopathy which caused him to have shortness of breath and a host of other goodies. VA might call this the index disease-that which is so severe it provoked the need for the a&a of another in and of itself. At 100%, this definitely entitled him to the a&a under §3.350(b)(3) back in 2019.

Fast forward to last month and the LOU of his lower extremities due to service connected DM II peripheral neuropathy. So, the DM II is an endocrinological issue under §4.119 DC 7913. The PN is a neurological side effect of the DM II under §4.124a DC 8520 but it’s not separate and distinct to be truthful. The cardio is under §4.104 under DC 7020. So, two different anatomical different body functions. Get it?

My inquiring Veteran also has a high-powered and well-known law dog who disagrees with him (and me) on whether he has enough of these Breniser conditions. The law dog maintains he was granted a&a for all his disabilities but it doesn’t work that way. The actual decision awarded the a&a strictly for the cardio and, in a rush to disenfranchise him of of any future SMC at the O rate, and the jump up to R1, graciously gave him the “bump” under §3.350(f)(4) to SMC M based on the 100% rating for lou of his feet. Poof. There went the R1. That’s VA FM for you.

The actual 2019 decision granting a&a said the 1/2 step bump was specifically for his other disabilities which were separate and distinct from the heart condition- including… (wait for it) his  bilateral 40% ratings for his lower extremities. Note this was declared separate and distinct and attributed to the DM II. So, it  had nothing to do with the a&a and the heart issue (read a&a condition).

So, our boy has two awards between L and N, no condition being counted twice. Bingo. SMC O. And, since one of the conditions is a&a, under §3.350(h), he should advance to R1 automatically. Mr. Big JD attorney says no- the loss of use of the feet has been “used up” by the 40% bilateral lower extremity PN disability. Here’s the error in that logic. You can’t award a&a for a loss of use condition. If you have lou, you have loss…of…use. Sound it out like Phonics™. Plain and simple. Sure, the lou may make doing certain everyday things like getting on and off the toilet dang near impossible but getting on and off the toilet is not a loss of use of anything. It’s an inability to do something.

A&A is awarded because you cannot accomplish one or more activities of daily living. It will never have anything to do with lou. Impairment, yes but not lou.  If you’re lou, you can’t be given a&a in lieu of it. If the a&a preceded the lou, and the lower extremity PN was separate and distinct and used for the §3.350(f)(3) bump, then you get another L separate and distinct from your a&a L. You have acquired a new condition. Sure in the VA world, they’d probably say “Okay, ya gotta cough up the 1/2 step because your 40% turned into 100% and that would be pyramiding. So we’re gonna give you an M instead of the L 1/2 for the extra 100% for the DC 5110 LOU”. Yeah, but the combo of two Ls takes you way past L 1/2 or M to O so that whole argument becomes moot on its face.

Think conditions. Think no condition counted twice. That’s the whole secret to this. Remember, it’s not the degree of disability but the extent of your functional loss. If you have a heart attack and you’re boobs up, then you need a&a. And if the COPD gets so bad you need oxygen to make it to the shitter, then you need a&a for that, too. Two different conditions. Don’t let anyone ever tell you that a 40% rating for a leg under DC 8520 (or even bilaterally) is “used up”  or tantamount to lou under §3.350(b)(1). It isn’t. It’s 40%  for DC 8520 which is a far cry from 100% under DC 5110 for lou of the lower extremities (LEs).

SMC is a jungle full of possibilities. How you assemble them is the key to whether you’ll advance. If you’re not careful, a lot of disabilities will be combined that could be exploited individually to reach another a&a award. And because every case is horribly unique, each Veteran will need to be mighty careful in how he or she allows VA to bag ’em and tag ’em. Cheating you out of SMC S is often the worst example. VA will combine everything you have to give you a combined 100% rating when they could grant you one 60% or 70% as a stand alone TDIU and then combine the balance to attain SMC S.

In closing, I’m going to discuss the absolute insanity of seeking advice at a Veterans Help site. It’s akin to buying week-old sushi at a 7-11. Imagine our boy, now with all the ammo for R1, sashays over to VBN-the Peggy-loving pink site and asks for advice on whether his SMC calculations are correct. Hold on to your hats. Considering not a single one of them is accredited or possesses so much as a law degree, virtually every one of the Grand Poobahs pooh-poohed the idea that R1 was for application. Read some of this drivel. “Do you realize the dissent is not what is president [sic] here?” I think he was trying for precedent.   “I worked for 30 years for VA and I know this shit.” No, sonny. You let the M 21 figure out your shit for 30 years. Garbage in, garbage out. Seeking good advice for your claims-especially SMC claims- in the absence of a claims file or access to the Vet’s VBMS efolder would be like entrusting your claim to the village idiot. Imagine a hearing for SMC with a VLJ and you saying you know you’re not entitled to SMC _____. The Judge asks you why not. You say because a VA claims expert named Rotor Head told you so…

Here’s another one. These chowderheads almost talked this ol’ boy out of pursuing his R1. Who, in their right minds, would try to help defeat a fellow Veteran? The concept is so alien, it defies the imagination. Worse, they laughed about it.

Considering VA has a 74% documented error rate, a VA employee, former or otherwise, dispensing advice lacks that Je ne sais quoi I’d expect to encounter.  Not a single one of these Poohbahs have any legal training. Most haven’t litigated much more than their own claims. Cupcake said the dead giveaway is no one is using his or her real name. So how  would you check Cruiser’s bona fides?  You can’t. He could say he was a Veterans Law Judge or Winnie the Pooh for 30 years and be equally credible. I noticed a lot of the big guys also put up montages of their medals. I’m surprised there aren’t a lot more MOHs up there with all the bravado.

To be credible in this business you need a name, rank airspeed and tail number. You need truth-not braggadocio. Vets need a curriculum vitae they can use as a measuring stick. We use real world examples here. I offered advice using asknod until I became accredited in 2015. I don’t need to hide behind it any more. I’m now 20-year protected and bulletproof. You can find me on the VA’s OGC accreditation list. Granted, that doesn’t make me smart. It just makes me accountable and trusted to do VA claims.

This is how it’s done. Game. Set. Match. There simply is no mystery to this nor is there any Voodoo involved.

redact r1 12.17.2

redact BVA SMC K win 1.6.22

redactR1 RD 1.4.2022

And that’s all I’m going to say about that.

Posted in PCAFC, SMC | Tagged , , , , , , , , , | 23 Comments

MEMORIAL DAY 2023–STILL IN SEARCH OF THE OTHER 81,000

Posted on May 29, 2023 by asknod

LCPL Story

Being a voracious reader (and a Veteran + advocate), I gravitate toward military stories of old MIA/BNR Veterans. Note that I capitalize Veteran and always have. Veterans served our nation whereas veterans are longtime employees of an organization. One of these days I would hope that the VA might begin capitalizing it as well. I note with satisfaction this morning the recovery and final identification of U.S. Army Corporal Luther Herschel Story who was lost in 1950 in Korea. That leaves 81,000 more we still need to bring home.Perhaps, even closer to home is the loss of any of the Veterans I represent. Just because I may win their claims, the obligation of representation doesn’t end there. Whenever possible, I try to preassemble a DIC folder for those who are severely disabled with active diseases or injuries that put them at risk of a sudden demise. It isn’t a Boy Scout motto like ‘Be Prepared’. It’s a commitment to the surviving spouse as well.

Twice now, since the advent of the new year, I’ve had Veterans pass away out of the blue. While I do lose four or five each year, most are already on their last legs and it doesn’t come as a surprise. Given my VA law practice focusing on SMC, most who come to me already have one foot in the grave or a reasonable assurance they aren’t long for this veil of tears. Sadly, this year is beginning to shape up very differently. I would hope it’s not a harbinger of what’s to come.

The latest casualty was a Vietnam Dustoff medic. I became friends with Bruce Almighty, a four-tour Dustoff medic who introduced me to the world of the Independent Living Program (ILP). From there, it was only a hop, skip and a jump to filing for a greenhouse due to my porphyria. My skin doesn’t do well out there in the sun so a sheltered greenhouse would protect me as well as allow me to grow all year around. The Vietnam Dustoff Association invited me to their reunion in 2013 to give a speech. I’ve subsequently been designated the go-to guy for VA matters which is how I came to represent John in his quest for 100%.

John passed away this last week after a relapse from what we had hoped last year was the remission of  his non-Hodgkin’s lymphoma. He had fallen and was in a recovery nursing home recuperating from an injured hip. His death came as a complete shock to everyone. He developed a nasty blood infection and it 86’d him in no time flat. Shit happens but it shouldn’t happen to us as Veterans. With what is often touted as the best medical system on earth for us, it might appear the truth is far short of that advertized. Considering they dang near killed me several times over my 14-month, all expenses paid vacation at the Seattle VAMC,  I wouldn’t take Pickles there even if it was a world-class veterinary clinic, too.

John and wife Gail

One of the sore points on lost service members has always been Laos in my book. We were field stripped of all ID. I mean everything. It was called sheep dipping or going black. Like all assigned in-country, we reported to the military attaché annex several blocks from the US Embassy when we arrived at Wattay airport (L-08) in Vientiane. We were required to wear civilian clothes for our arrival from Udorn. There, we coughed up our wallets and they put our Geneva Conventions card, our state and military drivers’ licenses, our military ID and anything else indicating military affiliation in a lock box for storage.

In their place we were issued US Agency of International Development photo ID and a Laotian driver’s license. My USAID ID identified me as a French teacher. If we were shot down, we were executed on the spot most times. It didn’t really make any difference if we ditched our weapons and raised our hands. Worse, and what provokes this memory today, chances of recovering the body were between slim and none.

I knew a lot of AAm folks who wore large gold necklaces solely for use to buy their freedom in the event of capture. Most of us followed suit for what it was worth. Hell, I still have mine. But with nothing more than bogus ID, we weren’t going to be herded into POW camps and repatriated come the end of the war. The Pathet Lao’s respect for human life was below their respect for their water buffalo. POWs were considered a liability regarding food or supervision/incarceration. Buffalo earned their keep. We didn’t.

One of these days, the media will announce the last living survivor of the Vietnam War. God, I hope it isn’t me. I’m not a parade kind of guy and I don’t want the attention. Happy Memorial Day to you all.

Posted in Memorial Day, Milestones, Vietnam War history | Tagged , , , , , , , , , | 1 Comment

EXPOSED VET RADIO SHOW THURSDAY 5/18/2023–EVERYTHING YOU WANTED TO KNOW ABOUT SMC A&A

Posted on May 16, 2023 by asknod

Yep. Just got the Bat signal in the sky over my hacienda to report for duty to the John and Jerrel show this Thursday evening. Show starts at 1900 Hrs on the East Coast and, by deducting 3 hours from that, a body can interpolate that it will transpire simultaneously at 1600 Hrs on the Left Coast. As there is much disagreement about aid and attendance, who can get it, who cannot, and what the requirements are, I will be glad to clarify the subject.

I would note that the M 21 disagrees with my understanding of it. (IV.ii.2.H.8.b). But then the M 21 and I diverge on many subjects. I’ve engaged in HLR review informal conferences and the assigned reviewer always informs me I am in error. However, upon arrival at the BVA, I am assured, both by the clarification of the Veterans Law Judge, as well as the BVA decision granting a&a, that my interpretation is still correct.  See attached on page 4 in highlighted yellow for the latest confirmation of the proper interpretation. BVA R1 Win & cite to a&a redact As for when the VA will correct their misinterpretation and inform the rest of VAkind, I cannot say.

The show will attempt to explain it in far simpler terms and more clearly than some Veterans Help Sites I visit. Some sites follow VA’s lead and will insist you need 100% or TDIU to even get in line. Some feel if you apply for it, VA raters will put you under the microscope and you risk being reduced to dissuade you from ever attempting it again. We’ll attempt to dispel these old wives’ tales.

Bust out the suds, chardonnay or a single malt and mute the microphone if you plan on munching chips.

The call in number remains

(515) 605-9764

Should you so desire, you may connect using the link here:

https://www.blogtalkradio.com/jbasser/12227725/connect/ea7224790aa6adbea66f0dca1d97bccf5588b901

I look forward to helping you achieve this SMC benefit -always assuming, arguendo, you are entitled to it.

Posted in Exposed Veteran Radio Show, How to Qualify for VA SMC, SMC, VA special monthly compensation | Tagged , , , , , , , , , , | Leave a comment