BVA– NO SHIRT, NO SHOES, NO HEP, NO DICE

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One of the prime ingredients for a compensable rating is actually having a disability. Apparently they don’t teach that to the DAV National Service officers in Chicago. Johnny Vet marches into the BVA armed with little more than an extra 50 pounds strapped onto his belly that wasn’t there too awfully long ago. Being overweight does not a Hepatitis rating make. Try this one on for size

Somebody needs to explain how the CFRs work to the NSOs. Being as it’s Chicago, they could actually be dead but still capable of voting and helping Vets. Come on. We’re talking Chicago here. Stranger things have happened as we all know. Where did you think the term “setting a president” came from?

Which brings to mind the burning question-can you teach dead NSOs new tricks?

At a VA examination in December 2010, the Veteran reported that he had not had any symptoms of hepatitis C or any incapacitating episodes. H indicated that he was not currently being treated for hepatitis C. No abdominal abnormalities were noted on physical examination. The finding was hepatitis C, currently stable, normal liver function tests. A VA examination in September 2011 noted that the Veteran was well-nourished, with no visible stigmata of chronic liver disease. The abdomen was nontender. The examiner noted that since January 2006, all liver function tests had been normal, including the most recent test in March 2011. It was stated that there was no fatigue, malaise, anorexia, vomiting, arthralgia, or right upper quadrant pain. The examiner stated that the Veteran had gained 50 pounds over the past three to six months. The examiner diagnosed hepatitis C.

And the 50 lbs. of extra weight has what to do with the HCV? This is called slamming the Vet. Has anyone checked him for DM2 secondary to HCV?

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BVA–DR. BEN CECIL STRIKES AGAIN

FROM THE HEAVENSGATE RO

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 IN ST. PETERSBURG, FLORIDA

Here’s a good one from the good St. Peter’s RO. The Vets down there are starting to get it. Stay away from the VSO bars and you can win.  Duh. This Vet did it all himself and he must have been reading my book. He got three nexus letters and sure enough, the VA managed to sandbag one of them. What they really screwed up was their very own opinions. The VA examiner was looking for Hep in all the wrong places. They had so many risk factors to choose from that they were inundated with input like an ADD kid.  Which one do I choose? Which one do I choose? On the other hand, the VHA opiniongiver became so discombobulated, he went down the speculative path and sank that one.

Dr. Cecil is beginning to realize the enormity of phraseology. For years, he has been providing excellent letters. The VA just keeps upping the bar on what they will accept (except for their own VA examiners). One “maybe”, one “possibly” or even one “could have” and the nexus is as useless as used toilet paper in VA’s eyes. Even if it is well-reasoned and probative, any wishy-washy language sends it to the showers.

The recipe is enunciated over and over in my book and on my site. This man either figured it out for himself or read up on the technique here at Asknod or Hadit.com. He sure didn’t figure it out at Peggy’s Pink Site. They teach how to file-not how to win.

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FLYING FOR VEGETABLES

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The Flight Crew

Community fundraising and flying go together like peas and carrots. And what could be more fortuitous than the added bonus of finding a new recipient for zucchini squash. Our illustrious Navy Vietnam Veteran (two tours), pilot Tom H., has acquiesced to accepting a wheel barrow or two of squash and  cucumbers. It’s a good thing. The Food bank shuts the doors and pulls down the shade when they see me in the distance now. I planted too many again this year and can never bring myself to end their lives.  My neighbors are usually the first to begin shunning me. They’re fair-weather friends in June for strawberries and again in August when the tomatoes come in. Call it what it is- the zuke days of July. I get it.

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Gunsight Pass. Click once to magnify. Put cursor on area you want closeup of and click again.

After a breathtaking trip through Gunsight Pass up in the Olympic Mountains (above), Grandson Connor, Son in Law BJ and I convinced Tom to buzz the whole neighborhood where we live. After we stampeded the cows, we were off to the other mountains- the stuff of legends. Although many may not be acquainted with Mount Rainier, scarcely anyone alive is oblivious to the name Mount Saint Helen’s and her 1980 temper tantrum. It blew a cubic square mile of itself into the atmosphere May 18, 1980 and destroyed untold hundreds of square miles around it. To this day, much below still looks like a moonscape.

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Glacier on eastern flank of Mt. Rainier @8,300′ ASL

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Mt. St. Helen’s from the north. Note steam from active fumarole.

Here’s a closeup of the new dome inside the caldera:

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And then we buzzed the ‘hood again. A good time was had by all and Conner will now probably decide to be an airline pilot instead of a forensic dinosaur hunter. I don’t blame him. It’s a disease to want to fly like a bird. An incurable one too, I might add.

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Clicking twice on any of these pictures will magnify them. They’re rather high resolution and eat up storage bytes but what the hey. This is a top drawer tour. Tom was caught out on rather short notice and apologized for no Perrier Jouet champagne and Morel mushrooms on lightly toasted, 7-grain toast points. We graciously forgive him. Truth be told, I don’t think Conner noticed.

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BVA–WHEN THE BOARD HAS TO “RIZZO” THE SPECIALIST

FROM THE DAVID KORESH MEMORIAL

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VARO IN WACO, TEXAS

We discussed the seminal Rizzo finding several days ago. Here’s a classic example of why. VA once again, after a five year remand, tries to sub a gynecologist for a hepatitis expert but got caught by the newbie Acting Veterans Law Judge who is very studious and upright on procedure. 

As such, in April 2009, the Veteran underwent a VA examination to determine the etiology of his hepatitis C. The VA examination was performed by a physician’s assistant. In the examination report, the physician’s assistant stated that the case was discussed with the gastroenterology staff of the Dallas, Texas VA Medical Center and the University Texas Southwestern Medical Center specializing in hepatitis. Although the RO scheduled the Veteran for a VA examination and obtained a nexus opinion, it failed to schedule the Veteran for a VA examination with a “specialist in hepatitis C,” as requested in the December 2008 Board remand.

What part of “schedule the Vet for an exam with a specialist in HCV” is confusing?.And say, look at that. They capitalized the V in Veteran. It’s about time. We don’t get no respect.

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BVA–NEW SECOND QUARTER DECISIONS RELEASED TODAY

Sure enough there are 352 HCV decisions now posted for 2013. BVA put them up this afternoon.

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FOOTLOCKER–MY OLD FRIEND THE U-17

U-17

Air America buffs will remember the venerable  U-17, none of which were ever in Laos, of course. And even had some FNG inadvertently become disoriented and landed up country, they were all suitably designated as official USAF Inventory. Well, most of them, anyway. Rumor had it that old Bob Tyrell, the Air Attache  at the US Embassy in Vientiane, had a few salted away here and there  with the Laotian Erawan on them. Nobody’s perfect. You could never be too rich, too thin, or have enough unmarked air assets.

I bid on an auction item at the Flavors of Fall celebration last September wherein we raise funds for our Community Civic Center every several years. I managed to “storage wars” my way through to a winning bid. I paid far too much but it all goes back to the community so it’s well-spent. Former Navy Carrier Pilot Tom H.  had graciously offered his Cessna 180 for a several hour tour of Mt. Rainier and St. Helen’s  south of us. I didn’t know he was a snow bird, so when I called to collect on my bid, I found him holed up in Arizona. We reconnected several days ago and tomorrow is the official sightseeing day. My grandson Conner has no clue we’re going up, so this should be a good show and tell. News and film tomorrow evening at 6.

Something bit me when I thought back on the Cessna model number so I looked it up. Sure enough, Tom’s Cessna 180 is virtually the same aircraft as a U-17 in which I spent many hours during the war. It was one of those mismarked aircraft like the one below that Col. Tyrell spent so much time denying he owned. I thought they belonged to USAID or USIA. In the back of my mind, the fact that an Air America PIC (pilot in charge) was at the helm didn’t make me blink an eye. Nothing was as it seemed anyway. You generally don’t ask a lot of questions when your ID is bogus and you aren’t really there. Besides, the Agency for International Development delivering M-79s and lots of 40mm with a side of rice seemed perfectly normal in 1970.

imagesThe Cessna 185 (below) was technically the U-17 but the difference in nomenclature is  virtually unnoticeable. The 180 has one less far rear window and is slightly shorter with less cargo space :

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Here’s the 180:

1954 C-180A N3143C 001

Fond memories of a loyal workhorse that always got us home. It  will seem strange to be back in a taildragger. The last time I was in one was 1971. Vets can see how they got their name. The third wheel was in the back rather than tricycle style. If you caught a brisk crosswind when landing, you might do what was called a ground loop which usually damaged the aircraft. It’s hard to control any aircraft when you’re spinning in a circle at 70 knots on the ground. Some of the Lima sites we landed at were pretty rough. It was not unheard of to rip the back wheel off. You saw a temporary stick tied to some until they could be flown down to Udorn for a repair job. Pilatus PC-6 Porters were the worst.

We also flew in the U-17’s baby brother, a (just barely) two seater with the pilot and passenger inline rather than tandem. This was the Cessna O-1, another taildragger:

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The 0 in the tail number declared that it was “obsolete” although this was a newer “E” model. We gave a lot of these to the guys with the three-headed Elephant on their planes. They were really short-handed so we flew them for them too.  That’s what friends do for friends, right?

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Royal Laotian Air Force
Erawan aircraft insignia

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BVA–SHE SHOULD GET 10% FOR § 3.324

 FROM THE JAMESTOWN RO

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(THE ORIGINAL FORT FUMBLE)

Yes, indeed. Here we have the quintessential “spaghetti” filing. Veronica Vet blames VA for everything and then sees if anything sticks. HBV and hemorrhoids did. At 0% for both, she is unwittingly entitled to 10% if they are permanent (check) and somewhat disabling from the perspective of seeking work (?). A little more elbow grease on her part would have shown that she needed more ammo for a true, compensable rating but what the hey? Maybe she depended too much on the Virginia Dept. of Vet Affairs to represent her.

§ 3.324

Multiple noncompensable service-connected disabilities.

Whenever a veteran is suffering from two or more separate permanent service-connected disabilities of such character as clearly to interfere with normal employability, even though none of the disabilities may be of compensable degree under the 1945 Schedule for Rating Disabilities the rating agency is authorized to apply a 10-percent rating, but not in combination with any other rating.

Of course , getting them to “apply” the 10% rating is the trick, now isn’t it?

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FRIDAY FACEPAPER

From fellow correspondent Darryl:
A new supermarket opened near my house. It has an automatic water mister to keep the produce fresh. Just before it goes on, you hear the sound of distant thunder and the smell of fresh rain.

When you pass the milk cases, you hear cows mooing and you experience the scent of fresh mown hay.

In the meat department there is the aroma of charcoal grilled steaks with onions.

When you approach the egg case, you hear hens cluck and cackle, and the air is filled with the pleasing aroma of bacon and eggs frying.

The bread department features the tantalizing smell of fresh baked bread & cookies.

I don’t buy toilet paper there.

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BVA–WHEREVER THE EVIDENCE TAKES US, BUBBA.

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Used to be a time when you couldn’t do this (develop negative evidence). Oh, the times they are a changin’. Guess we know where this one is heading.

 

Further, with respect to risk factors, the VA examiner must consider the Veteran’s exposure to such during service, to include a possible association between the Veteran’s in-service diagnosis of hepatitis and drug use noted in the aforementioned service treatment record. In this regard, VA has an affirmative duty to gather the evidence necessary to render an informed decision on a claim, even if that means gathering and developing negative evidence. Douglas v. Shinseki, 23 Vet. App. 19 (2009).

Here’s Douglas.  Click on download to view normally. So much for nonadversarial, friendly Barney the Dinosaur VA.

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WHY I LOVE FACEPAGE

STRATE JACKET This is what I always wanted for Christmas for my sisters and they wait until I’m too old. Go figure. There’s no justice in this world. Thank you Keith. 

 

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