VA–PRESENT FDCs, PLEASE.

download

Those funny guys at the DVA want us to use professional help now to file our claims. That would be a  riot coming from the deaf, dysfunctional, VAROs but is being parroted by… why, who else?… The American Legion. That’s just the iceberg’s topmast. The rest of the Big Six aren’t far behind. 

 

What undoubtedly will go down as the slipperiest bait and switch of all time at the VA, duty to assist, as a regulation is conveniently discarded. We are now advised to get good legal help to do this but are prevented from hiring a true law doggie we can call our own. Rather, we are relegated to the VA induction ports provided by the munificent Congress from whom all blessings flow.

What’s more, the bitchslap wouldn’t be complete without pointing out that the good folks down at those major VSOs are finally going to actually help you prepare your claims for submission. I have three words.

Ruh-oh Rorge

Ruh-oh Rorge

These service reps have never done anything like this. What makes them suddenly trained in this art? Is this one of those TimeLife do it yourself books on VA claims preparation? Any time someone starts volunteering to do something they’ve supposed to have been doing since the friggin’ War of Northern Aggression, I get worried. Since I’m 0/3 down that road, I get even more concerned when I hear the VSOs (and VA raters) berate lawyers and discuss how greedy they are.

Excuse me. Who does everyone turn to when the claim has finally foundered on the rocks and sits at the CAVC? That would be the claim that no more new evidence can be added to? The one that was developed by your VSO using the VA examiner as the IMO nexus letter supplier?

I have the perfect analogy. We dislike sharks but admit they are good for sweeping up the ocean’s refuse. Culling the herd is their job. We would sorely miss them if they were extinct. Slugs in my garden are part of the Big Guy’s master plan. I don’t know why but I plant some for them too. To say I would have won my claim at the CAVC after VA employed their “two monkey” hear no evidence, see no evidence technique is plausible. Getting it done by the pro bono boys ? Free but you’d lose $ on JMR. Getting an EED of 1994? Priceless. You choose. What would you rather do. Hire an Earl Scheib $99.95 shavetail from some unknown burg college and hang your legal hopes on him because he’s free?  Worse, have to go through an inept VSO process involuntarily or suffer the ignominy of going it alone and having to sit for several extra months on the Group W bench?

The shift to speeded up justice means the VA does less-and- by extension- is asking for permission to do less. Conversely, you are now the bird dog in this project with few assets other than your new “minder” who will guide you  through this.

Vets must be careful what they ask for.

 

 

 

 

 

Posted in Tips and Tricks, VSOs | Tagged , , , , , , , , , , , , | 3 Comments

AMMO FOR SVR VETS

download

Many of you come here and ask what to do about being SVR (cured of HCV) and blind… or with DM2, or with thyroid problems. etc. etc. Why does VA abandon us as soon as we are “cured” and ignore the secondaries? Their attitude is remarkably similar to what they are doing to the AO Prostate surgery Vets. After a year at 100% following the surgery it’s Bingo-0%. Yeppers, dude. You’re cured. You don’t have cancer or peeing in the pants syndrome anymore hence there is no reason to continue to remunerate you. Rise, Lazarus.

HCV patients like Malcolm in the Middle are caught in this quandary. I received this article from our latest medical member Jules who is versed in the medical arts and will be adding to Dr. Bennett Cecil’s valuable nexus work for HCV Vets.  It’s articles like this that provide a one stop shopping venue for all things HCV in the pursuit of VA claims. We don’t claim to have everything and you guys and gals send us valuable stuff to catalogue. I cannot thank you enough. It’s what make this a much better site for VA claims on HCV/AO issues. Always remember. This is your site. It isn’t about me. I’ll be gone some day and others will fill my shoes. Eventually science will conquer this disease and we’ll become a footnote in history like polio. Until that day, we’ll strive to put up information that will get you from A to B.

images

What encourages me the most is the camaraderie among Veterans that permits all former service members to set aside their former affiliation (branch of service) and join as one in this fight. No one here holds it against you if you were stupid enough to get sucked in by that recruiter who said  “Be all you can be” or Join the Navy and see the world”. Since I have some really good Marine friends, I won’t go into the sadomasochism diatribe. I know. You probably wanted  to be in the Air Force. Shoot, Bubba- everyone did. Why walk or sail when you could fly? Why throw a M-26 when you could hit the pickle button and release 670 of them from 1500 ASL?

Posted in HCV Health, HCV Risks (documented) | Tagged , , , , , , , , , , , , , , , , | Leave a comment

FLY DELTA FOR THE FINAL FLIGHT

download

Member Tom sends us this glorious one from the Delta Airlines Crews. I had no idea. I was wondering who I’d call, or more likely , who Cupcake will call,  for the cruise to Arlington National.  No doubt who now. Delta’s caring for these Veterans’ remains leaves me speechless. Is America cool or what?

Posted in Inspirational Veterans | Tagged , , , , , , , , , | Leave a comment

IF CUKES GOT AO

001

Stop. This is humor. Vegetable humor. Veterans with PTSD humor. Veterans who are still alive and can’t believe it humor. Staring at the phat boy last night, I searched my memory for a time when I’d seen a cuke do this. Nothing came up but the attic is pretty bare these days so that doesn’t mean anything. Click twice on Chubby (above ). It looks like fine green Italian marble. 

cukes 001

From left to right:

1) Normal

2) Dwarfism

3) Scoliosis

4) Ankylosing Spondylitis

5) Hypothyroidism

6) DM2

Check out the Insulin-deprived dude here :

 

cukes 002

 

 

 

 

 

 

 

 

 

Posted in Food for the soul, Humor | Tagged , , , , , , | 1 Comment

AIR FORCE HUMOR

image002

This, oddly from a grunt (Dustoff Bruce), shows that even Army Vets have a sense of humor about us Zoomies.

 

 

 

 

 

During a commercial airline flight an experienced Air Force Pilot was seated next to a young mother with a babe in arms. When the baby began crying during  the descent for landing, the mother began nursing the infant as discreetly as possible.

 

The pilot pretended not to notice, and, upon disembarking, he gallantly offered his assistance to help with the various baby-related items.

When the young mother expressed her gratitude, the pilot responded, “that’s a good looking baby, and he sure was hungry!”

Somewhat embarrassed, the mother explained that her pediatrician said that the time spent on the breast would help alleviate the pressure in the baby’s ears.

The Air Force Pilot sadly shook his head, and in true pilot fashion exclaimed, “And all these years, I’ve been blowing my nose and chewing gum.”

 

Posted in Humor | Tagged , , , , , , , , | Leave a comment

FED. CIR.–MIDDLETON V. SHINSEKI-I’LL TAKE DM2 FOR 40, ALEX.

download (2)

When it looks like a duck and quacks like a duck
then a duck by any other name would be the same…

A new look at an old friend. I’ve preached about the VA’s rating system on DM2 many a time. It is constructed in a rambling conjunctive “and”/  disjunctive “or”, progressive manner with each new add-on permitting a rise up the ladder. Nevertheless, it is necessary to have each item in the recipe or the VA says you do not pass Go! and collect 40%.  Mr. Middleton’s dilemma began with some one with a smattering of legal knowledge saying “Insulin? Byetta? What’s the dif? They both do the same thing. Jez, Birdeye, I’d go for it. That’s $661 a month versus $442, dude. We’re talking some serious walking around money here.”

To wit:

7913 Diabetes mellitus

Requiring more than one daily injection of insulin, restricted diet, and regulation of activities (avoidance of strenuous occupational and recreational activities) with episodes of ketoacidosis or hypoglycemic reactions requiring at least three hospitalizations per year or weekly visits to a diabetic care provider, plus either progressive loss of weight and strength or complications that would be compensable if separately evaluated 100
Requiring insulin, restricted diet, and regulation of activities with episodes of ketoacidosis or hypoglycemic reactions requiring one or two hospitalizations per year or twice a month visits to a diabetic care provider, plus complications that would not be compensable if separately evaluated 60
Requiring insulin, restricted diet, and regulation of activities 40
Requiring insulin and restricted diet, or; oral hypoglycemic agent and restricted diet 20
Manageable by restricted diet only 10
Note (1): Evaluate compensable complications of diabetes separately unless they are part of the criteria used to support a 100 percent evaluation. Noncompensable complications are considered part of the diabetic process under diagnostic code 7913.
Note (2): When diabetes mellitus has been conclusively diagnosed, do not request a glucose tolerance test solely for rating purposes.

The big jump from 20% to 40% has always been the step on the necktie moment for Vets. Failure to have a doctor insert something that says the Boston Marathon is right out mans you can’t get there from here. 40% is also purely conjunctive. There is no other interpretation. Three things. Not 2.4 things.

Mr. Birdeye L. Middleton attempts to bridge the gap with an “injectible” rather than “oral” hypoglycemic agent- in this case Byetta®- to bypass the “requiring insulin” codicil in 40%. His argument falls on deaf ears which makes this whole appeal to the Dead Circus a horrible waste of his time, our money, and innumerable trees. Nothing of any consequence was decided. DC 7913 is not ambiguous. It is not confusing. It poses no problems for mortal Vets to comprehend. Veterans Service representatives maybe, but not normal folks.

Middleton argues that the court’s interpretation limiting the regulation to require a prescription for a specific medication is inconsistent with the benefits scheme and regulatory history, which focus on the severity of the impairment and how well a veteran’s diabetes is controlled. Moreover, he contends that interpretations of ratings that rely on specific medications rather than impairments become obsolete as new drugs are introduced; therefore, any ambiguity should be resolved in favor of referencing symptoms, e.g., whether insulin is needed for control regardless whether it is directly injected or endogenously created after administering a medication such as Byetta®. The Secretary argues that the plain language of DC 7913 unambiguously recites “[r]equiring insulin,” which should be given its ordinary meaning and does not encompass using an insulin-inducing drug as
analogous to using insulin.

Insulin. No one has a patent on Insulin. It’s a drug manufactured by your body. If you don’t  manufacture  it, you die. DC 7913 says Insulin. It does not say Bristol Myers Brand, Byetta or Bayer. Case closed. I note Barton F. Stichman of NVLSP fame was in on the side of the appellant.  Close but no cigar, Birdeye. I don’t see it. VA is too slippery for that manuvre.

images

Posted in Fed. Cir. & Supreme Ct., Tips and Tricks, Veterans Law, Vietnam Disease Issues | Tagged , , , , , , , , , | 5 Comments

ASKNOD POLLS FOR VETS.

download

As usual, the voting booth is open and we trust you not to pull a Kel and stuff it to make a point. But really. Do we have to ask America this question? There are interesting pros and cons to this subject. I just want to take the pulse, not argue the right or wrong.

Posted in polls | Tagged , , , , , , , , | 6 Comments

EMAILS FROM DC

download

This just in from member , and now neighbor, Mark. In hopes of garnering support for our gallant, courageous cause, he opted to email the Big Guy with the buck stops here on his desk asking him how long it would be before this is resolved.  

 

He got back:

Subject: Good News regarding VA backlog

نور اگر رفت سايه پيدا نيست نقش ديوار و چشم
ما نقش سايه دگر نمي دان نور اگر رفت سايه. ر رفت
نور اگر رفت سايه پيدا نيست نقش ديوار و چشم خيره ما نقش سايه دگر نمي دان نور اگر رفت سايه. ررفت ديوار و چشم خيره ما نقش سايه دگر نمي دان نور اگر رفت سايه پيدانيست نقش ديوار و چشمخيره ماسايه

ديوار و چشم خيره ما نقش سايه دگر نمي دان نور اگر رفت سايه پيدانيست نقش ديوار و چشم خيرهماپيدا

نيست نقش

I don’t know about Mark but I think this may be good news. I’m sending off for my free thirty day trial of Rosetta Stone in Arabic. I’m also on his speed dial so if he gets an update I’ll publish it.

Posted in Humor | Tagged , , , , , , | 2 Comments

LEIGH’S CORN

001

Grandpa used to say that trees are just like corn but fortunately it doesn’t take 40 years to produce results or a body would only get this treat once or twice in a lifetime.

Above is the Silver Queen on top, flanked in front and behind by Jubilee. In the foreground is Peaches and Cream. Underneath the Silverqueen (invisible) is an ear of Kandy Korn. Fukushima has been berry, bery good indeed. As for those yellow kernels in the SQ, with as many flavors as I have in the garden, it is no surprise. They were invisible until we cooked it.

A warm thank you to Leigh and Paul for sharing this opportunity with me. Hopefully, Leigh will be up and back in the saddle next year and doing this herself. Remember she has kids to take care of on top of a brand new liver transplant. Paul is doing all he can to help but the VA isn’t. After two years now, she had to file her Writ of Mandamus just to get her C-file. More on that next month when we hear the VASEC’s explanation of what the delay is…

Posted in Food for the soul | Tagged , , , , , , , , , | 2 Comments

ACCEPTED TRIBAL WISDOM OF THE VA

download

We have a problem, Houston, Waco, Oakland, St. Pete’s et al. Our VAROs are faced with an interminable backlog of claims. This, in turn, is being passed on to the BVA in the form of erroneously denied claims, perpetuating what those in the business refer to as the hamster wheel of remands, new C&Ps, eternal ratings disputes and even more appeals.

From what I see, it might be smarter to leave the country, change your nationality and return indigent and report to SSI for your free Welfare check, food stamps and Section 8 free housing. All of these amenities are yours instantly with no waiting period or interminable backlog. Win-win. No questions asked. Who do we make the check out to?

Member Mark has discovered the mantra of the VA beating the dead horse of claims adjudication. Quite simply, it is summed up in thirteen simple rules. VA seems to have engaged in the majority of them so I expect we’ll see the others employed soon. It seems like a list the government hands out to its problem agencies in times of trial and tribulation.

Herewith are the tenets of how to resolve the dilemma.

 1. Buying a stronger whip. (appointment of Shinseki)

2. Changing riders. (USB Hickey)

3. Appointing a committee to study the horse. (Congressional Inquiry)

4. Arranging to visit other countries to see how other cultures ride dead horses. (Emulating Accenture Inc.’s approach)

5. Lowering the standards so that dead horses can be included. (FDCs)

6. Reclassifying the dead horse as living-impaired. (Post hoc rationalizations at the appellate level)

7. Hiring outside contractors to ride the dead horse. (VBMS outsourcing to IBM)

8. Harnessing several dead horses together to increase speed. (Tiger Teams)

9. Providing additional funding and/or training to increase the dead horse’s performance. (Congressional Appropriations again and again)

10. Doing a productivity study to see if lighter riders would improve the dead horse’s performance. (VA Aspire and the “Academy”)

11. Declaring that as the dead horse does not have to be fed, it is less costly, carries lower overhead and therefore contributes substantially more to the bottom line of the economy than do some other horses. (introduction of DBQs)

12. Rewriting the expected performance requirements for all horses. (Federal Register and tampering with 38 CFR)

And, of course,  VA’s favorite…

13. Promoting the dead horse to a supervisory position. (Too numerous to list here)

 Mark neglected to include rule #14

 14.  Offering dead, underachieving horses an annual bonus.

Posted in Humor, VA BACKLOG | Tagged , , , , , , , , , | 4 Comments