BVA– VFW STRIKES AGAIN

Posted on August 8, 2013 by asknod

FROM THE HUNTINGTON, WEST

DELIVERING VETERANS' MAIL SINCE 1895

DELIVERING VETERANS’
MAIL SINCE 1895

VIRGINIA VFW POST # 1064

Waiting Room

VFW Post 1064 Conference and War Room

Looking for cryoglobulinemia cases to illustrate for claims purposes, I came across this gem. Rarely have I seen a judge make such short shrift of a Veteran so utterly and completely. The phraseology almost conveys contempt but the tone is thinly veiled. It shouts “You didn’t perform due diligence. Where’s the IMO?” Veterans Law Judge George E. Guido Jr. is less than impressed with the preparation of this claim and assassinates the Veteran on each item. The technique is as clean as a guillotine and almost as bloodless initially. Hemorrhaging begins when you notice there is no hard evidence to support the precept that he actually had any legal help. 

Johnny Vet may or may not have had some viable claims here but we’ll never know. He hired the best in Huntington- those guys at the VFW with all the legal training. He’s not what you might call a “model Vet”. He has some service time that is “other than honorable” (10/73 to 12/78) which is by law, not remunerable. As a personal aside, I don”t think a Big Chicken Dinner should be a forever sentence. We certainly don’t put the Mark of Cain on rapists and child molesters.  His good time in service, however from 6/69 to 7/73, is permissible. This is where the focus of the claim should turn. Unfortunately, everything that happened regarding IHD, heart problems etc. occurred at the wrong time (1976) for Johnny.

Those leaglebeagle.zoom guys at the VFW (all wars except Vietnam) know all this. If they had been helping, advising and mentoring poor Johnny, he and they wouldn’t have wasted his time trying to develop this dead end since 2007. Unfortunately, that was just one of three claims filed. The other two, however legitimate, got the same high level of exacting VFW scrutiny and development (unfortunately). One thing can be said. Nowhere on this claim are you going to find VFW’s fingerprints. They’re AWOL. Not at their duty station. Deserters. Absent the VFW’s mailman work, it would appear this Vet was pregnant and alone for six years.

Chronic Fatigue Syndrome

And no factual foundation has been established to show that the Veteran is otherwise qualified through specialized education, training, or experience to diagnose chronic fatigue syndrome. See King v. Shinseki, 700 F.3d 1339, 1345 (Fed. Cir. 2012) (the Board may find that lay evidence to diagnose a disability is not competent evidence). Where, as here, there is a question of the diagnosis of chronic fatigue syndrome, which is not capable of lay observation, to the extent the Veteran’s lay statements are offered as proof of the presence of chronic fatigue syndrome in service or since service Veteran’s lay statements are not competent evidence, and the Veteran’s lay statements are not admissible as evidence, that is, the Veteran’s lay statements are not to be considered as competent evidence that chronic fatigue syndrome was present in service or since service.

As the Veteran’s statements are not competent evidence, the Board need not address credibility.

Next?

Eye Disability

And no factual foundation has been established to show that the Veteran is otherwise qualified through specialized education, training, or experience to render an opinion on a causal relationship or nexus between the stromal scar in the left eye and an injury in service. See King, 700 F.3d at 1345 (the Board may find that lay evidence to establish medical causation is not competent evidence).

For this reason, the Veteran’s lay evidence is not competent evidence of a causal relationship or nexus between the stromal scar in the left eye and an injury in service. Since the Veteran’s lay evidence is not competent evidence, the Veteran’s lay opinion is excluded, that is, not admissible as evidence and cannot be considered as competent lay evidence favorable to claim.

As the Veteran’s statements are not competent evidence, the Board need not address credibility.

Two down.  Jez, this is easy. Note to self: Call Bob.  I’ll still make that 1PM tee time with  him and Jessie. Next?

Hypertension

During the Veteran’s second period of service, hypertension was noted in January 1976. The timing of the finding, however, corresponds to the period of service the character of which the RO has determined is a bar to VA benefits. The character of his discharge disqualifies the Veteran from receiving VA benefits based on direct service connection for his period of service from October 1973 to December 1978.

But just to make sure the cement overshoes stay on, Old George and his twelve dwarves pour in some superglue:

And no factual foundation has been established to show that the Veteran is otherwise qualified through specialized education, training, or experience to render an opinion on a causal relationship or nexus between hypertension and any service-connected disability. See King, 700 F.3d at 1345 (the Board may find that lay evidence to establish medical causation is not competent evidence). For this reason, the Veteran’s lay evidence is not competent evidence of a causal relationship or nexus between hypertension and any service-connected disability. Since the Veteran’s lay evidence is not competent evidence, the Veteran’s lay opinion is excluded, that is, not admissible as evidence and cannot be considered as competent lay evidence favorable to claim.

As the Veteran’s statements are not competent evidence, the Board need not address credibility.

Here we go again. The horse is dead. Continuing to beat it serves no purpose other than to illustrate three times over that Johnny’s legal strategy had some holes in it-big ones I might add. The crime committed, for those unaware, is that no new evidence is now permitted. You have two opportunities to advance evidence on your behalf to prove your case. Johnny actually had four because his wise Veterans Service Representative from Post #1064 arranged not only a Decision Review Hearing in December 2009 but also a Board hearing before Judge Guido two years later in November 2011. Somewhere along the line no new and material evidence was produced that could sway the Judge and jury. No IMOs. No opinions from his primary care physician. Nary a “Gee, this could be related to his good time in service.” No sage advice from his representative that a boatload of lay testimony hadn’t convinced the DRO so why repeat it to George. Nothing. The VFW hierarchy rep. in DC at the BVA had the authority to set it aside and procure more evidence that might keep Johnny from digging a deeper hole. Again, no VFW fingerprints.

VA calls this the perfect storm-no evidence. Now, with the denial at the BVA complete, the record is sealed. No new evidence can be added. Johnny can appeal to the CAVC, but without a legal argument concerning due process of some sort, screaming “They dissed me and refused to listen” is not going to put the chicken in the pot. Judge Guido gave him a very clean decision based on what was presented. He was circumspect and ruled on what was available. This didn’t rise to a Buchanan violation. Absent any viable medical evidence, all the lay testimony in the world that consists of “In the beginning there was nothing…” is going to be treated as incredible.

You really have multiple opportunities to fix this dilemma with proper legal help. Unfortunately, Johnny didn’t. Back to the War Room, I guess. So my last thought is this. VFW refused to allow Vietnam Vets to join because it was a “conflict” rather than a war. They are more than willing to represent a Vet with other than honorable service. I’m glad they are. I would, too. I just don’t understand the concept of their bylaws. As for their investigative/hands-on approach to claims, I’m still in the dark.

Posted in BvA Decisions, Tips and Tricks, VSOs | Tagged , , , , , , , , , , | 2 Comments

MORE TRAVAILS IN SOUTH CAROLINA

Posted on August 6, 2013 by asknod

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VA Regional Office

AFGE LOCAL 520

PO BOX 1778

COLUMBIA, SC 29202

August 3, 2013

Joe Average Vet sends this one in. We have commiserated with the rank and file employees of VA numerous times. No one, and certainly not Vets, fault them (AFGE) for the unholy backlog we are suffering. We’ve been saying for years that this should be a process where a claims manager handles a claim. Period. Think GEICO. Just like in the old days, a rater would pick up the file and get to know Johnny Vet. He might even call him up and get his measure. He’d weigh the evidence and come to a fair and balanced conclusion. VA superiors would promptly denigrate his logical conclusions and infuse doubt, shoot holes in an otherwise seamless history and recommend denial. Nevertheless, the rater would pursue it with an open mind and basically be limited by no more than the precepts of the older M-21. Even so the Vet never did fare well.

Those days are gone. We’ve been through the Model T version where everyone inserts a fender, door or motor until the claim rolls off the end of the line with 5 doors and no tires.

We’ve been through the plus seven Haiku training manuvres. We have now arrived at the DBQ/FDC crossroads. One would think VSRs would be jumping for joy at the new, simplified procedures to accurately and correctly adjudicate claims at the local State Regional Offices. The folks at the Columbia RO, alas, refuse to drink the Koolaid.

Here, in the words of a senior member of the  VARO Columbia AFGE, are a scathing indictment of what they are trying to pawn off on us across the nation.

It is clear that FDC did not provide the results that all its proponents assumed. The FDC has been around since April 2009. It apparently has not been successful. I was a Senior Veterans Service Representative when the FDC pilot program began in VARO Columbia. I am a witness that it was not successful. However, now VA is trying to tie a perceived benefit to the process instead of focusing on why it did not work.

Does this sound eerily familiar to you?

The DBQ requires the Veteran to get his own examination. There are two negatives for the Veteran. He has to pay for an examination and he may not be service connected for the disability he paid to get an examination for.

I have been harping for quite a while about the VA divesting themselves of the duty to assist and subtly insinuating that if the Vet gets it all, he stands a better chance of getting it right-and in order. This, of course, implies the VA does not.

I have been harping as well that Under Secretary for Bullshit Hickey has been more worried about getting her hair color right that worrying about getting Veterans’ claims adjudicated in a timely manner. The imbroglio she had enveloped herself with over the NOVA case that was released tyesterday at the Federal Circuit shows all that she is ill-prepared for the job she does and the VA in particular.

Remember, one of the initiatives of the transformation was FDC. So what is the purpose of this press release? This is my personal observation- public relations and an attempt to use a perceived nugget – money to entice Veterans with an option they already have to participate in a program that since 2009 has not yielded the results anticipated. Again, VA is shifting the focus from timely processing claims for all and placing their responsibilities on the Veteran.

The hair problem hasn’t gone unnoticed either.

The current USB brought in from her previous employer, Accenture- People, Process, and Technology, over 40 unplanned transformation initiatives, an “All In” attitude, and enthusiasm. However, no one cheers for their the losing team when the score is 72 to 3 and there is a minute left on the game clock. Veterans and employees are not cheering, but suffering.

Remember our assessments several days ago?

The only other thing FDC is doing on the Monday Morning Workload Report (MMWR) is not accounting for new claims as the diary won’t mature for a year, therefore, making it look as if no new claims are coming in. 

I suggest all of you who feel as I do that Mr. Robinson and his fellow VA raters ( and indeed all the rank and file) are doing a splendid job send him an email at  rbnsnrnld@yahoo.com. When the people who rate you see the perfidy and utter futility in trying to work, let alone reason, with the chuckleheads running this Dog and Pony show, it’s patently obvious that the Clowns have taken over the circus. We always presumed it was so. Mr. Robinson has now removed all doubt. When the firemen say the blaze is out of control, I believe them.

Posted in VA BACKLOG | Tagged , , , , , , , , , | 1 Comment

USEFUL EVIDENCE FOR JETGUN MISFEASANCE

Posted on August 6, 2013 by asknod

jetgun1

I spotted this on one of Sylvia’s posts. The attachment is one of a drug flyer that comes with a vaccine.  In this case, it specifically prohibits certain usages and inadvertently provides the very ammo you need to show the Military should not have been injecting this stuff via an air inoculation device. Read the bottom of page three.

Special care should be taken to avoid injecting the vaccine intradermally, intramuscularly, or intravenously since clinical studies have not been done to establish safety and efficacy of the vaccine using these routes of administration. Health-care providers should obtain the previous immunization history of the vaccinee, and inquire about the current health status of the vaccinee.

A separate, sterile syringe and needle or a sterile disposable unit should be used for each patient to prevent transmission of hepatitis and other infectious agents from person to person. Needles should not be recapped and should be disposed of
according to biohazard waste guidelines.

This flyer is dated 2005- a mere seven years after the discontinuance of the jegun. Medical science apparently knew they could transmit hepatitis (not otherwise specified) and that it was more than just “plausible”. Remember that VA released its seminal FAST Letter in 2004 using the plausible language and saying there was no evidence of transmittal of HCV via the gun. The latter sentence above (in red) seems to contradict that assessment if they can freely say there is a danger of hepatitis transmittal without defining which exact kind. In instances like this, “hepatitis”, stated as a generality in a medical formulary, would include all known varieties of the virus absent anything more specific.

Keep that in mind when you wish to overcome the presumption of regularity and “regular medical practices” arguments. Remember also-they were shooting us with this crap out of a jetgun  all those years when it specifically said not to. That is indisputable evidence of misfeasance. Rebuttal of best practices has always been a hurtle for us when dealing with the military of VA. This is one more arrow in the sling to throw.

P.S. A nice bookend to this above is this .pdf on military  injection practices.

Military vaccines Policy

You’ll find the smoking gun on page 60  Section C (1.) paragraph two:

“Of note, the AFEB (Armed Forces Epidemiological Board) made a site visit to the MTF (Military Training Facility- i.e. Basic Training) at Parris Island and directly observed high volume recruit immunization using jet injectors. It was noted that jet injector’s (sic) nozzles were frequently contaminated with blood, yet sterilization practices were frequently inadequate or not followed.” 

Posted in HCV Health, HCV Risks (documented), Jetgun Claims evidence, Presumption of Regularity | Tagged , , , , , , , , , , , , , , , , | 4 Comments

TEXAS RANGER’S EXAM

Posted on August 5, 2013 by asknod

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A young Texan grew up wanting to be a lawman. He grew up big, 6′ 2″, strong as a longhorn, and fast as a mustang. He could shoot a bottle cap tossed in the air at 40 paces.

 After a stint as a Ranger in the US Army, he applied to Houston where he had only dreamed of working: the Texas Rangers. White hats. A .45 ACP. Cowboy boots. In a word-Heaven.

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After a series of tests and interviews, the Chief Deputy finally called him into his office for the young man’s last interview.

 The Chief Deputy said, “You’re a big strong kid and you can really shoot. So far your qualifications all look good, but we have, what you might call, an “Attitude Suitability Test”, that you must take before you can be accepted.

We just don’t let anyone carry our badge, son.”

Then, sliding a service pistol and a box of ammo across the desk, the Chief said, “Take this pistol and go out and shoot:

six illegal aliens, six lawyers, six meth dealers, six Muslim extremists, six Democrats, and a rabbit.”

“Why the rabbit?” queried the applicant.

“You pass,” said the Chief Deputy.”When can you start?”

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

AO–THE GIFT THAT KEEPS ON GIVING

Posted on August 4, 2013 by asknod

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While this isn’t “new” news, I publish it because it is pertinent to our plight. We’ve known for several years that some of the post-Vietnam era pilots and crews of the C-123 spray aircraft were seriously exposed to condensed, dried dioxin inside the A/C.  Subsequent to that, they developed the same diseases and symptoms that those of us who were in country suffer. Now we find out the military has decided to suddenly and abruptly destroy the evidence to reduce their “exposure” to lawsuits. We would consider this a criminal offense under most circumstances-most. The Government apparently gets a bye on it.

VA now can freely say they can’t test the A/C to determine contamination/exposure levels because -voila- they suddenly have none to test. Rather convenient? What did you expect? Sackcloth and ashes on the forehead? Admissions of culpability? What have you guys been smoking?

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This may sound familiar to those of you who have HCV that can only be associated with the Munji/Pedojet air innoculation devices used up until 1998 when it was decided they weren’t “viable” in the new, improved sanitary world we need to assure proper medical hygiene. Again, no tests were run to determine possible contamination. In fact, the whole reason for the wealth of denials was that NO testing was done that proved our hypothesis HCV was readily transmitted by the jetguns. No conclusive proof equals hollow, unfounded assertions.  VA relies on this  as the foundation for their denials.  Just because something is plausible does not make it probable. Granted. On the other hand, when evidence mounts showing a disturbing trend that supports a medical correlation, most medical researchers bust out the test tubes  and begin looking. Most. VA doesn’t see a reason to go looking for trouble. Why would they? This smacks of more work and we know how horribly overtaxed they are with all these Veteran malingerers banging on the door.

VA wants to put the AO imbroglio to bed pronto. The absolute last thing they want is another wave of claims washing ashore when they are so near to closing the books on this. Remember, there are only about 367,000 of us left, not counting the Thailand and Korean Vets who are being disenfranchised. I apologize. I forget the Johnson Island, Okinawa and Guam Vets. Lord knows, there are inevitably more going to surface if and when they discover any more “non-existent” records of AO use stateside.

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Posted in AO, Porphyria Cutanea Tarda, Vietnam Disease Issues | Tagged , , , , , , , , , , | 3 Comments

VA QUITS REPORTING BACKLOG NUMBERS

Posted on August 3, 2013 by asknod

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In a move to squelch discord and discontent, VA has surreptitiously quit reporting the physical number of claims that are way overdue for adjudication. Simply put, if you don’t know the score, you can’t complain. Congressmen can’t be rolled that easily. Not that they are unaware of the problem; they’re all over it like white on rice.

Public Relations is a touchy subject at the VA. Having been stung so many times by Under Secretary for Incredible Excuses Allison “in Wonderland” Hickey, some of America’s politicos are not accepting the dogma being regurgitated by VA’s newer talking heads.  Increasingly larger numbers of more believable PR hacks without blonde hair and long eyelashes are being trotted out but to no avail. What’s a government agency to do?

Sometimes answers are so simple you cannot discern them. Here, it was nothing more than a quick shutdown of the information pipeline and no further discussion on the subject. Hell, it worked for the Clintons with Whitewater and the Rose Law firm billing records. Unfortunately, the cat is out of the bag on this one and dynamic metrics once supplied cannot be summarily dismissed as immaterial or not indicative of the overall problem. America wants to know how bad it is. More specifically, Vets do. They want cold, hard facts- numbers they can wrap their heads around. By suddenly ceasing to report the enormity of the dilemma,  VA is sowing the seeds of their own credibility demise (again).

VA is going through a rebirth. We fortunately have  Gen. Shinseki at the helm on this or I’m sure that they would still be debating the efficacy of switching over to electronic records. Birthing pains abound at the moment. The hierarchy at VACO (VA Central Office) have been fighting him tooth and nail over every change -be it minute or otherwise. Were it me, I suppose I’d be making a clean sweep and installing those committed to change. Obviously, the old paradigm isn’t working. We would think that fact alone would produce meaningful change. Remember who you’re dealing with here.

Change at the VA cannot come about until those who are employed to  serve us begin to do so. I hear report after report of surly, rude employees treating Vets with shoddy service. Certainly this does not tar and feather all who work at VA but is a matter of concern.  By suddenly not reporting physical numbers to the public, it draws even more attention to the fact that the backlog problem is not being cured. This, in and of itself, is another form of rudeness.  Can this be the reason for the back door, “we’ll give you an extra year of bennies if you just file the Fully Developed Claims”, bonus package panacea?

Things are coming to a head down at Vermin Ave. and the finger-pointing will begin soon. Following closely on it’s heels will be the heads rolling. Wait. We’re talking VA. Strike that. We’ll be seeing promotions and transfers to faraway VAROs in Montana and Manila when the HVAC subpoenas ensue. Get real. It would take five consecutive, motivated VASECs of Shinseki’s calibre to effect meaningful change down at 810 Penny Lane NW. For all his efforts to motivate them, he still lacks a vociferous, no-holds-barred offensive plan and relies instead on Shinsekigrams like Admiral Zumwalt’s edicts. If you have the muscle and the wherewithal to back that up, you get things done. If it’s just hot air and chutzpah, you’re doomed to being an object of scorn.

Posted in VA BACKLOG | Tagged , , , , , , , , | 3 Comments

VA BRIBE TO FILE DIGITAL FDCs

Posted on August 2, 2013 by asknod

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Member Joe Average Vet sent us this one. I wondered when the circus tent would go up next to the 2015 Big Top. VA, past masters of moonwalking, are now trying to up the ante in hopes of reaching their goal of catching up the backlog. New VSRs and RVSRs who have gone through the VBMS training are now kicking out denials at a stupendous pace. It’s rumored that grants (service connection) may sink below 10% this year.

This becomes all the more true when you look at the statistics of denying 1.85 Vets a day. Deny is such an inexact way of describing what ensues afterwards. The magic 125-day up or down now simply moves into the three year arena where attrition is the name of the game.

Statisticians digesting numbers have noticed Gulf War Vets are enjoying a 35-40% service connection rate. Korean/Vietnam Vets with a host of AO issues are barely getting anywhere with a 2-4% average. Considering we are equal in number ( roughly 32-34%), the disparity can (and will be) attributed to old Vets desperately filing claims for anything we can hang a hat on. Chronicity is immaterial. It happened forty years ago. Maxson v. Gober. Go away.

VBMS would be a welcome addition to claims adjudications if it wasn’t simply a puppy mill cranking out horrible, in-bred, illbred decisions- all in the name of expediency.

In construction, we are taught to think it through before we push print.  Does the house print actually fit on the foundation print? Logic is a strong component in this process. If your argument does not contain an “if…, then…” or “No. It won’t work that way”, quite possibly there will be a very large error.  As good ol’ Johnny Cochran said at OJ’s summation to the jury: “If the facts don’t fit, you can’t convict!”. Powerful oratory. VA missed that one in the Aspire Training Seminars. The facts always fit down at Penny Lane.

VA construction warps the floor to make a spilled drink go where they want it to. Development of claims is the single largest driving force in this new, headlong rush to accomplish claims sooner. Let’s examine development. You are the new factfinder in your FDC quest. You make the rounds for VA. You obtain all the private medical records since service. You pay copying costs, gas money etc. to play fetch and then even more to scan it all in to a CD or a DBQ .PDF. You file it online at your Ebenefits VA website that caused you to have to drive XXX miles to present to the VAMC Records of Interest office for confirmation of your identity. The operable word is you. Does this sound like a benign, nonadversarial agency that is Veteran friendly and goes the extra mile for the you?

VA has now removed themselves from the Duty to Assist business. If the claims fails now, it’s all the Vet’s fault. Of course, in 2009, they said we brought this all on ourselves after they told us we were entitled to it. Too many of you rushed over to one side of the boat and  it tipped over. Now we are all paying for it. But being stand up guys at the RO, they are willing to fix it for you. If you carry the water, you’ll get to scratch off the lotto ticket sooner to see if you have won.

But lo! On the horizon a new star called EED is rising. Yes, if you file today with a FDC and we grant it, then your effective date of your claim could be as much as a year before your filing date. This is how aluminum siding salesmen talk. If you sign today, I’ll back your warranty up for an extra year. Today only. Has to be today. A feller’d be fool to turn that one down. Free.  Did I mention it was today only?

Reality rudely sits on the sofa like the 800 lb. gorilla sooner rather than later. If you are the provider of all the evidence and something such as your STRs are missing, you’ll find out about it a whole lot sooner this way. Unfortunately, that will require filing a Notice of Disagreement and getting into that line which is a short ton longer than this FDC one. This is VA poker. Up the ante and sucker someone else in who isn’t savvy. It’s what separates the ribbon clerks from the poker players. VA does this for a living. Now they do it faster and make you play fetch. Win-win for VA. And the VSOs? They are playing right into it, too. Sorry, I’m just not a conspiracy kind of guy or I might wade in and say something.

I wonder if this is how Indians felt when they woke up hung over the morning after the Big Treaty party and discovered the typo and they’d only been given 4,000 acres instead of the 4,000,000 they had promised to stay on. With no Buffalo. And were then given hot dogs, macaroni and cheap liquor. VA has herded us into doing all the probative, investigative work we would normally hire an attorney to do were we filing for SSD/SSI. We are given a task unequal to our untrained legal minds and then made to pay the price for getting it wrong. VSOs are no panacea. They can’t do much better than us judging by statistics. They aren’t exactly renowned or famous for gathering evidence either.

I really can’t wait for the next press release. Pat Sajak with Vanna and the VA Wheel of Fortune?

MISSED IT

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

VA emergency advice

Posted on August 2, 2013 by Laura

Click image for a Washington Post article.

My DH got a confusing letter (dated March 1, 2013) and fact sheet from the VA this week about Non-VA Emergency Care.  This is something all veterans need to know about because there are quite a few gotchas in the rules.

From the letter comes this broad statement,

“The VA defines an emergency as a condition that needs immediate attention or it could become hazardous to life or health.”

Veterans must be already enrolled in the VA (Aren’t all veterans automatically enrolled upon discharge now?) and then the clock starts ticking.  The veteran has 72 hours (3 days) to contact the VA.  (That’s fine only if the veteran is physically able to call or has a family member who can help him.) And then the veteran must file a timely claim.

The fact sheet states that the emergency has to be severe and interestingly cites the veteran’s “belief” about his emergency.

 “Your situation is an emergency if you believe that your health is in danger.”

Hmmm, what if a veteran experiences heart palpitations, is dizzy, and believes that he is dying–but it turns out to be a full-blown panic attack?  Is that a medical emergency the VA will cover?

The American College of Emergency Physicians recommends that anyone with these  symptoms seek immediate medical attention:

  • Difficulty breathing, shortness of breath
  • Chest or upper abdominal pain or pressure
  • Unusual abdominal pain
  • Fainting, dizziness, weakness
  • Changes in vision
  • Confusion or changes in mental status
  • Sudden or severe pain
  • Uncontrolled bleeding
  • Severe or persistent vomiting or diarrhea
  • Coughing or vomiting blood
  • Suicidal feelings
  • Difficulty speaking

In my view, if a veteran’s condition results in a call to 911, the paramedics are more qualified than most veterans to decide if a trip to the ER is needed.   And if the paramedics say that the veteran needs to been seen by an ER doc, that’s all the “proof” the VA needs to pay for non-VA emergency care.  (On the other hand, there is a lot of fraud surrounding ambulance services, as one fired Texas whistle-blower found out.)

Maybe medical ID bracelets could be imprinted with “Take me to the nearest VA ER” because you do NOT want to be stuck with the private ER and ambulance bill.  You might choose to take a cab to a cheaper hospital-based urgent care center instead to save thousands of dollars. If you are in need of an ambulance, the veteran will most likely be taken to the nearest facility by the local ambulance service.  Ambulance bills can be extremely high.  The City of Chicago fees begin at $900 for residents plus $17.00 per mile.

This Medicare booklet is worth looking through for hints on how to handle a VA denial for private ambulance transportation. Medicare pays 80% of the bill after deductibles.

It might be a good idea to find out the ambulance’s policies regarding if a veteran doesn’t have or plan to buy private insurance under ACA.  Does the VA offer ambulance services at their hospitals?  If so, that could be an option for some people.

Don’t have a medical ID but would like one?  Well, the VA has a directive that states that you can be issued one!  The dog tag IDs are pretty neat.

Some have memory stick storage

If you’ve been thinking about getting one, mention it to your VA doc and let us know if he/she orders one for you.  Some may not even know about the program.  You have to be your own best friend when it comes to the VA.  Thanks!

Posted in Guest authors, Medical News | Tagged , , , , , , , , , , , , , , | 5 Comments

RANDY’S PLAYBOOK

Posted on August 1, 2013 by asknod

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Taking a page from member Randy, I have contacted the President in hopes of getting to the bottom of why only 1,836 Veterans qualified for the Independent Living Program in 2012. As we pointed out in prior posts, only 2,428 new ones even bothered to apply for it in the upcoming fiscal year.

I posited the question thus: If you had 25 million slots for  the Supplementary Nutrition Aid Program (SNAP or food stamps) and only 18 million came forth and availed themselves of this free food, would it not seem something was amiss? Or if there was $550 Billion set aside for mortgage relief and underwater mortgages and nary a soul stepped forward to apply, would you assume everyone was hunky dory with their current financing? Of course not. You’d ask a lot of pointed questions and request the data. Common sense says free food and free money usually causes a stampede to a government trough. Why so much elbow room only at the ILP?

VA’s IL Program has slots for 2,700 of its most “severely disabled Vets” annually yet they cannot even fill them. VA is also authorized to spend up to $25 K on each of us so identified without seeking VA permission from DC. If it costs more, they ask for it. Or at least that’s the way it’s supposed to work. Apparently it only works in Atlanta because of the efforts of Vet’s advocate and chief pit bull Bruce McCartney.

Wyoming and Manila, Philippines have not had a soul in this program for over nine (9) years. Vermont isn’t much better at seven. VA does not consider this an anomaly. They simply hire more VA counselors for $94 K a year to inform us why the Santa Clause is forecasting coal with occasional tears. They don’t want to lose the appropriation so they fill it with salary rather than Vets helped. Anybody out there have a better explanation? Well, I suppose the severely disabled folks in Wyoming could be unable to saddle up the mare and sashay over to Cheyenne for their ILP confab. The Vets in Manila might be language-challenged and need interpretive assistance but this is not VA’s concern.

I have asked President Obama to please not hand this off to the little people and ask them to give VA a “Whazzup?” query. We know what that will provoke. I defused the next little dig they are fond of.  Remember every time you contact the Senator, VA’s congressional Interests desk Bozo will remind the politician that the Vet is already rolling in dough. VA lavishly remunerates me with the unheard of princely sum of over $2900 a month but this has nothing to do with ILP. Similarly, my wife works full-time trying to make mortgage and tax payments. VA’s pittance does not a salary nor a living income make. That’s why they pay them $90+ K a year which is three times more than we’re getting. Somehow that never sinks in. We Vets are flush with disposable income. Tax-free, I might add.

I have asked him what 38 USC §3120 actually means if not Independent Living. Subservient living? With so much authorized and promised if we qualify, it seems being “severely disabled” would be a pretty easy thing to ascertain. It’s hard to fake right upper quadrant pain and pruritis or a SGPT of 350. I realize the Catch 22s abound in these things. We are more than aware of this in the compensation arena.  One would still expect a 15 % success rate nevertheless. ILP runs about $ 500/Vet/year at most ROs with a “win” rate of 4 percent. “Win” meaning a significant grant.

VA obviously does this in Atlanta day in and day out. The honchos in DC at VACO say “Rog on the ILP”. Everyone agrees it exists but, like God, you cannot reach out and touch this enigma. VA went so far as to authorize my computer for purely vocational reasons theorizing narrowly that if I help Vets, that is a noble vocational endeavour that is simply unremunerated. My spirit is remunerated.

I look forward to VA’s nuanced excuses for why all of us are ineligible for this valuable program. If it requires even more of a definition than “severely disabled” and the newer “necessary and vital to life” codicil, I’m not sure how someone in a coma in ICU will ever participate or benefit from it. What should we be putting in for? Dialysis machines? Portable IV infusion rigs? Maybe one of those motorized candy apple-red wheelchair runabouts? Oops. That’s a hobby. I’ve heard of them scheduling races out back in the alley down at the Tacoma VFW bar on Pearl Street.

For Vocational Use Only

For Vocational Use Only

As Randy put it. Why go to the Congressman or Senator? Let’s cut to the chase.  Why is this so difficult? Why just the cordless phone for “Help. I’ve fallen down and I can’t get up.” or a grab bar? They’re handing out cell phones left and right to Homeless Vets and Welfare Queens. You cannot tell me that’s coming out of the IL program because it takes three months just to get an appointment to watch the moronic video and have them explain why you are not a candidate for Voc Rehab. I’m not counting the time involved in appealing it to the BVA. Add three years to that tunnel and you could be dead before you see it. Oh. Wait. Delay. Deny…

 

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FACEPAGE COMMENTS

Posted on July 30, 2013 by asknod

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We always worry about offending or hurting one another’s feelings. Appearance means so much. Observing another’s customs seems to be paramount these days. God forbid you should offend another’s sensibilities about religion. Cupcake sent me these to share with you. I make no verbal observations other than to second her concern about appearance being everything…

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 Maybe a head-to-toe Burqa isn’t such a bad idea after all…

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