SOFOSBUVIR = SOVALDI

download (2)Sofosbuvir has a trade name now. It’s Sovaldi and is set for release in early 2014 in Europe. We are awaiting release here in the US with parted lips and straining eyes. Well, I am, anyway. Oh, yeah-the stock is trading up about $2.50 for the day, a 4.1% increase in value over yesterday. 

Posted in HCV Health, Sofosbuvir, Uncategorized | Tagged , , , , , , , , , , , , , , | 2 Comments

FIND WALDO

securedownloadThis just in from Brownwater Jim of the Delta persuasion. Seems he found something wrong in his news feed and decided to share it with us. Assuming everyone in this picture is a patriotic American, what is amiss here? Is there something that seems to jump out and grab your eye about the participants? It took me aback when I spotted it. To be sure, I do know that the gentleman in question has been criticized in the past for not earning the right to salute based idiotically on no prior military service. It’s confusing to say the least, huh? Isn’t there a book somewhere that tells you when and when not to do all this patriotic fooferall? It’s just toooooooo much. Maybe Americans are just going over the top on this whole ‘love of country’ thing. 

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Posted in FACE HUMOR, Inspirational Veterans, Stolen Valor | Tagged , , , , | Leave a comment

HAPPY BIRTHDAY BARBARELLA

mime-attachmentThis just in from eagle-eyed member Bruce of ILP fame. A sky writer hired to celebrate Clint Eastwood’s recent birthday bash in San Fernando Valley was spotted from below. Hanoi Jane, in town for anooooooother award for being the most thoughtful, marvelous woman to ever grace Rodeo Drive happened to look up and comment:

“My, how thoughtful. Isn’t that sweet? But it isn’t even my birthday!” That’s our Vietnam Veterans Poster child, guys. Ever the epitome of humble.

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Posted in Humor, Vietnam War history | Tagged , , , , , | 2 Comments

IT’S SHOWTIME. 1994?

downloadYes, folks. It’s time to find out who’s been naughty and who’s been nice. Did the BVA Veterans Law  judge indeed fall on his sword this time and grant what used to have to go through the Extraordinary Awards Process? We’ll just have to wait for the mail. I don’t mind telling you that when these things happen, Cupcake usually accuses me of having an affair with the Mail lady. But only when it’s BIG Decision Time. 

Fortunately, I just happened to polish the binoculars last, ah, yesterday and they’re positioned in the northwest corner overlooking the general vicinity of the mail box. I took the liberty of attaching a few trip flares to it, too,  in case she sneaks up on it. The remote motion sensor mounted inside the box that turns on the klaxon horn is probably just overkill. Being a former Cub Scout still runs in my blood. Yeah, and just because the mail lady only comes once a day doesn’t mean anything. Ever hear of special delivery?

BVA DECision 11-20-2013

click on image to enlarge

An epochal moment. Nineteen years, two hundred twenty four days after filing. My daughter was a junior in High School; my son in kindergarten.

VA backlog? What backlog?

Posted in BvA HCV decisions, Vietnam Disease Issues | Tagged , , , , , , , , , | 5 Comments

News Flash!!! NEW VA Dental Insurance Plans for veterans with Delta or Met Life!

Gee, the day is starting out good.  I emailed my DH’s dentist to find out much it would cost to pay cash for a cleaning and exam.  The answer: $245 with 3 x-rays if needed.  So back to dental insurance research.  

tooth

graphic: openclipart.org

Then I found these brand new VA-sponsored plans for  veterans and dependents on Champa only. 

Coverage begins January 1, 2014. Enrollment began November 15. 

Press release: http://www.va.gov/opa/pressrel/pressrelease.cfm?id=2495

http://www.va.gov/healthBenefits/vadip/

Delta website: http://www.deltadentalvadip.org/

MetLife website: https://www.metlife.com/VADIP/index.html

In our zip code, Delta plans start at $9.73 mo. to $26.00 m. and Met Life’s plans are $21.80-$45.91.

If you have any thoughts about which plans give the most bang for your buck (considering your treatment plan and if your dentist participates) please share them with us at ASKNOD!  (Why did it take so long for the VA to partner with companies to offer approved dental plans?)

Ed. note. Way cool, Kiedove. Thanks for the research. HCVets need to know about the deleterious effects of HCV as well as Interferon on their teeth. It’s Hell’s bells for many. I came out of my one year incarceration at the Seattle VAMC with 21 cavities and had not had one in the prior to that in 30 years. Here’s something else a reader spotted:

http://www.pissedconsumer.com/reviews-by-company/delta-dental.html

Posted in Guest authors, HCV Health, Medical News, vA news | Tagged , , , , , , , , , , , , | 2 Comments

TIME LIFE BOOKS–MYSTERIES OF CATS EXPLAINED

WIRING YOUR CATEver wonder how people wire their cats? Time Life Books has finally come out with a definitive book on the subject. Utterly fascinating. Learn how to safely wire your cat for Christmas and avoid these costly mistakes.

Posted in Humor | Tagged , , , , , , , | 1 Comment

VETERANS DAY CAKE

DSC00606With my abject apologies to Member Randy. I was supposed to publish his extraordinary Vet’s day cake with accompanying pictorial ingredients display but it somehow got lost in the shuffle. Words cannot convey my disappointment in failing you, sir.

DSC00607At any rate, take one box of above and combine carefully with one 22 oz. can of this. Beware the lumps. My Kitchenaid threw them galley west-even on slow. That was before things started “expanding”.

I didn’t take a picture of it in the oven. Make sure there is no rack directly above it. Use a middle rack if you do not want a deep imprint of the the broiler element . It rose about 10 inches in the designated 13X 9 pan.

 

 

DSC00605It also fell about that much after I took it out. Feeds 10 hungry Veterans except in Colorado and Washington.

Posted in Food for the soul, Humor | Tagged , , , , , , , , , | 4 Comments

JUSTICE DELAYED IS NOT JUSTICE DENIED

decision1

click on picture to magnify

March 31, 1994 submit claims for:

1) Porphyria Cutanea Tarda (PCT), secondary to

a)Hepatitis or

b)Agent orange

2) tinnitus increase to compensable (10%)

_________________________________

November 4, 1994 Receive denials for:

1) residuals of hepatitis (nothing in SMRs)

2) PCT due to AO (Never was in Vietnam)

3) tinnitus (didn’t report for C&P)

___________________________________

December 7th, 1994

File NOD with

1) New and Material Evidence of Hep in service

2) proof of Duty in Vietnam

3) request for new C&P for tinnitus. (Never got notification)

_______________________________________

January 9th, 1995

Receive SOC acknowledging receipt of new and material evidence and promising new decision soon.

________________________________________

February 8th, 1995

Attend new C&P for tinnitus

_________________________________________

Silence for twelve years, fifteen days

__________________________________________

February 23rd, 2007 Refile exact same claim with exact same evidence for

1) residuals of Hepatitis C

2) PCT, secondary to Hepatitis or Agent Orange

3) tinnitus increase to compensable level (10%)

_________________________________________

April  15th, 2007 Attend C&P for tinnitus at QTC

________________________________________

May 10th, 2007  Awarded Tinnitus @ 10% effective March 31,1994.VA acknowledges proof of service in Vietnam but defers PCT.

Get $15 K  back pay for tinnitus

_______________________________________

October 17th, 2007 VA realizes they have dropped claims for PCT and Hepatitis and reinstates them.

__________________________________________

July 1, 2008 Awards HCV @100% and drops PCT claim again.

__________________________________________

October 1st, 2008   VA awards PCT @ 10%

_________________________________________

March 29th, 2010 VA increases PCT to 40% and refuses earlier effective date of March 31, 1994 for HCV/PCT.

________________________________________

April 5th, 2011 BVA  Traveling Board Hearing- Seattle , Wash.

_______________________________________

May 12th, 2012  BVA denial of all claims for earlier effective date and staged ratings from April 1, 1994.

_______________________________________

April 3rd, 2013 Office of General Counsel acquiesces and admits error in 2009 VARO and 2012 BVA decisions prior to oral arguments at CAVC.  Office of General Counsel asks for Joint Motion to Remand for corrections.

______________________________________

June 26th, 2013 BVA receives and dockets case

_____________________________________

November 18th, 2013— BVA announces they have made a decision on claims after nineteen years, two hundred twenty two days following receipt of 1994 claims.

The law requires that all claims that are remanded by the Board of Veterans’ Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012).

Good thing they weren’t dragging their heels on this one. In one hundred forty three days it will become a twenty year rating protected against reduction. I wonder if they will manage to send it to Seattle by Christmas?

cdpix3Forty three years, one month and twenty nine days following transfusion

This is why we call it Win Or Die

Posted in BvA HCV decisions, Remanded claims, Veterans Law | Tagged , , , , , , , , , , , , , | 3 Comments

CAVC-COLLINS v. SHINSEKI– MORE PRESUMPTION OF REGULARITY

downloadAfter Kyhn v. Shinseki finally got to the bottom of the fact that VA really has no procedure for making sure the VAMC or whoever sends out a letter to a Vet informing him of a C&P, we would think that Will Gunn would review all the upcoming cases and accomplish some triage to prevent what is happening to Lewis Collins III. Thank goodness it landed on Meg Bartley’s desk. She at least understands law and is not blindly stamping ‘affirmed’ on anything that doesn’t meet her high standards for BVA necktie parties.

Lewis here has been sideswiped by one of the oldest tricks in the VA repertoire. I speak, of course, of the habit of claiming they sent you a notice for a C&P and you never receiving one. This of course then allows them to autodeny claiming you were simply too lazy or forgot to show up. That it happens so frequently ought to be a red flag. Here, it is almost humorous. Implying a 22 year lifer missed an appointment is ludicrous. The difference here is the fingerprints all point to a well-intentioned plan to mail a C&P request letter and then an important request for documentation in the off chance he failed to report. One problem- no evidence. As they say down at my Chinese Drycleaners- No Tickee-Nooooo Laundly.

In a September 8, 2010, letter, the VA Appeals Management Center (AMC) advised Mr. Collins that it “will be developing additional evidence concerning your appeal, recently remanded
by the [Board] on July 22, 2010.” On the second page of the letter, under “Important Information,” the AMC wrote: “We asked the VA medical facility nearest you to schedule you for an examination in connection with your claim. They will notify you of the date, time, and place of the examination. If you can’t keep the appointment or want to be re-scheduled, contact the medical facility on the appointment notice as soon as possible.”  On September 8, 2010, the AMC asked the VA medical center (VAMC) in Columbia, South Carolina, to schedule Mr. Collins “as soon as possible” for VA examinations in compliance with the Board’s remand decision and further requested that, “[i]f [the] veteran fails to report for examination, please provide a copy of the exam notification letter.“

Watch these dates.

A September 29, 2010, printout from VA’s Automated Medical Information Exchange system noted that the hypertension and joints examinations were cancelled on September 21 because Mr. Collins had failed to report. The AMC sent a letter dated October 18, 2010, to Mr. Collins, informing him that VA was still having trouble locating his SMRs, suggesting alternative evidence for him to submit and stating that if VA did not receive new evidence or information a decision might be made on his claims after 10 days.  An AMC document dated October 18, 2010, notes that there was no answer when an employee attempted to contact Mr. Collins.

Again, notice the dates. Mr. Collins III had now received two letters. One informed him of an upcoming C&P (yet to be scheduled) on September 10th, and one telling him they would hold the record open for ten more days from October 18th to allow new and material evidence. Nowhere in the October 18th letter did they mention his failure to appear. Since the odds of VA ever calling you to discuss your claims are miniscule compared to your chances of winning at Powerball Lotto, Mr. Collins III’s failure to answer a telephone call is not grounds to give up, piss on the fire and call in the dogs.

Kyhn IV stands for the proposition that VA has no published regulations about sending out C&P notices or recording the mailing of them by placing a facsimile letter in your C-file. The presumption of regularity is pretty tough to overcome and VA has been abusing the concept for a century. If they say they mailed it, in their myopic view, they did. With C&P letters, they’ve just rolled over us like a truck and claimed they did. When the VA Secretary was finally called out on this, he got affidavits from two gals who worked in that arena but he violated the codicil about adding evidence to the record after the hanging was over. See Kyhn .

Collins versu Shinseki stands for the proposition that Kyhn jurisprudence is still in flux so they really can’t use it for much until it’s done and out of the oven. It also stands for the OJ Simpson theorem that if the glove doesn’t fit, you can’t convict. Perhaps the AMC would have had a more airtight case had they not asked that a copy of the C&P request  be associated with his c file. Idiot’s delight. VA is in such a panic these days to create evidence trails to substantiate their misfeasance and  ineptness that they never follow through on anything.

And then Meg the Mugger lays into VASEC.

There is no copy in the record of the letter purportedly sent to Mr.Collins notifying him of scheduled September 2010 VA examinations, despite the AMC’s request to the VAMC that “[i]f [the] veteran fails to report for examination, please provide a copy of the exam notification letter” .

The Court is not persuaded by the Secretary’s argument, clarified in his motion for reconsideration, that the Board was not required to provide an adequate statement of reasons or bases for its notification finding because Mr. Collins did not assert nonreceipt of the notice of examination before the Board. See Motion at 3. Specifically, he contends that  “[w]ithout even a bare assertion of nonreceipt of notice of examination in the evidence before the Board, there was no reason for the Board to have addressed the issue of the presumption of regularity nor is there a factual basis for the Court to remand the issue for consideration in the first instance.” Id. at 4 (citing Baxter, supra).  Again, the Court notes that a panel of this Court in Kyhn IV recently rejected this argument.

We at Asknod’s legal department have noticed it takes two or three cases (and sometime years) after a precedent is set to provoke a change in attitude. This is a classic example. From all appearances, they still haven’t gotten the hang of what Colvin v. Derwinski stands for yet.

In sum, the Court finds that the Board did not support its determination that, in the context of providing VA examinations, the Secretary satisfied his duty to assist Mr. Collins. Under Maggitt, the Court rejects the Secretary’s contention that it may not consider Mr. Collins’s arguments because he did not raise them (or assert nonreceipt of notice) before the Board. Likewise, the reasoning of Baxter does not prohibit the Court from considering the veteran’s arguments because, here, the Mr. Collins has not avoided asserting nonreceipt. As explained by this Court in Kyhn IV, this Court may consider an appellant’s assertion of nonreceipt of notice in the context of an argument that the Board failed to support its factual findings. And, pursuant to the Federal Circuit’s decision in Kyhn III, the
Court cannot determine on the present record whether the presumption of regularity applies to VA notification of scheduled examinations.

Woe betideth he he who attempts to tell the Judge how to read the law.  Seems they sometimes forget that precept when they get up there and start pontificating on how the law is written. Considering their win-loss record at the Court (40-60), it would behoove them to look at their cards before they see and raise.

Read here of the latest bitchslap to Counsel for the Appellee by Saint Meghan and the most excellent continuing adventures of Bungalow Bill  aka Lewis Collins III.

Lewis Collins III and his sword bearer Michael Viterna, Esq.

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Posted in CAVC ruling, Presumption of Regularity | Tagged , , , , , , , , , | 1 Comment

Speaking of direct mail and Medicare insurance plans

donut holeEvery big MN insurance company knows that I’m going to get Medicare benefits next year because my mailbox has been full with their enticements for months.  I am reading them because I don’t understand the Part D donut hole trap. My DH and I may pick different plans.  I’m considering a Medicare Medical Savings Account (Advantage) plans so I can use the account funds for a non-network dentist.  However, I’ve discovered that veterans enrolled in VHA cannot join Medicare Medical Savings Account (MSA) plans!   No explanation for this rule is offered on the MSA webpage–see “Who Can Join, right menu.”  My DH will have VA, original Medicare and maybe a stand-alone dental insurance.

images (1)Dental insurance?  It costs less to insure our Civic to the max than to buy a premium dental plan with a lousy $1,500 yearly spend limit. Dental insurance is a major rip-off for consumers but we may allow ourselves to be suckered into a basic plan if sanitary skillful local dentists are covered and accepting new patients.  That’s a big if.

(Veterans with dependent kids will be glad to know that when ACA kicks in, thousands of children (until 19) will get pediatric dental benefits through the exchanges.  I’ve only checked Vermont’s exchange.)

The Part D Donut hole.  I finally found a YouTube video that cleared up my confusion. The presenter, a medigap sales person, explains a smart tip to stay out of the blasted hole for as long as possible.  Once you see this video, you’ll see how tricky the no/low deductible and premium carrot plans like Humana’s cheapie Walmart Part D plan, isn’t necessarily a good deal.  His basic advice is to buy your $4 generics at Walmart, Target, etc. for cash and only your branded drugs with your part D plan card.  All I can say is, watch the video to understand why.  Be aware that different plans put the same drugs in different tiers and may have deductibles.  By design, the whole thing requires a lot of tedious study. The medical industry is counting on us to give up and go for the easy carrots and cheerful sales messages.

If you receive primary care at the VA, you don’t have to worry about this.  Based on your VA priority level, your meds will be cost-free or $9.00 per med.  Your VA primary doctor will also accept prescriptions from your non-VA doctor (last paragraph).

For those who might be taking the new pill form of HCV drugs next year, I expect the VA would be the least expensive route because even when one has passed through the donut hole into the covered catastrophic donut cake, you’ll still pay co-pays and/or co-insurance.   Over the next few years, the gaps may close and the discount percentages improve, but the drug companies can just raising their prices.  The insurance plans will increase their dispensing fees.  (I’ll try to find some good plan D calculators links to post later.)

The take-away is to stay away from Medicare’s donut hole if possible and donuts, even chocolate ones, in general.  And possibly self-insure and manage your own dental care in a health/medical saving health account plan or private bank account. 

Posted in Guest authors, Medical News | Tagged , , , , , , , , , , , | 3 Comments