WE DON’T NEED NO STINKIN’ CARBONITE

LawBob Squarepants shares this exciting development with us. 

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BUT HE COULD BE A TERRORIST

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If you could just step over here and remove your legs…

 This just in from rotorhead Mac. Just because an American soldier gets an arm or leg blown off doesn’t mean he’s not a potential terrorist waiting to get even with America. Or so it would seem. Retired Marine Corporal Nathan Kemnitz obviously fills the bill as one of those just dying to even the score with the U.S. Well, he’s hiding behind his dress uniform and using it for subterfuge. Right?

Let’s get serious, ladies and gentlemen. Rules are for the “majority” of the cases. Then common sense enters in. If he has a DEERS card, chances are he didn’t manufacture it and it isn’t fraudulent. If he’s wearing a Purple Heart, chances are he isn’t trying to get a better seat on the plane using the Stolen Valor ploy. Hiding bombs under or among the medals is virtually inconceivable. Similarly, of all the people in America, he is the last I would suspect of ulterior motives. By his actions he has demonstrated that he has an equal or greater love for both country and family. No ifs, ands or buts. Some of us are above suspicion regardless of what the TSA feels is an appropriate response.

At some point after 2001, common sense flew out the window and escaped. It’s about time for the pendulum to swing back in the other direction. Erring on the side of caution is admirable. Erring on the side of stupidity and regulations is unconscionable. One size does not fit all. Had this been  Governor Chris Christie, I wager they would have let all 340 lbs. of him ooze on through with nary a glance.

I recently traveled back to the East and went through the full body scanners. I wear an abdominal support courtesy of abominable VA surgical practices. In a word, it corrals my 9 errant ventral hernias and holds me together. The TSA spotted it on their scope and went into high dudgeon. I will say they took a different tack after I explained  the purpose and medical necessity. I no longer felt the TSA guy was trying to get to second base with me. They were extremely cordial afterwards and swabbed my hands for explosives residue. I was prepared for a strip search. I got the same treatment on my return in Louisville. There is a polite way to do this and the idiot’s delight method. Corporal Kemnitz got the bum’s rush and he was in uniform. That’s bogus and indefensible-even in a politically exact world.

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Does tinnitus interfere with your ability to get to sleep…?

………eeeeeeeeeeeee……..

Tinnitus has been a health problem for my DH since Vietnam.  To keep from going bonkers, he developed the typical DIY techniques of creating white noise with fans, the TV, and radio.   Getting to sleep can be a trial when you hear a noise that never stops.  Fans and air-conditioning noise helps in the summer but in the winter a mini-fan has had to suffice.  

Today, while at the VA, he requested a VA-issued sound generator because he’s tired of dealing with this alone when there are professionals to help him.  Good news!  He’s going to get one in two weeks!  

A visit to one VA website  links to Walmart, Sharper Image and others where veterans can buy their own “tinnitus-distracting” devices.  Stop the bus.  Why are they promoting these corporations when a veteran may be eligible for a “sound generator” through their VA auditory clinic?

SOUND GENERATORS. These devices provide white noise or a
narrowband noise to mask or cover up an individual’s tinnitus (ringing or
buzzing in the ears). They are especially helpful for patients who have
difficulty sleeping as a result of tinnitus.

Other assistive listening devices (ALDs) available  include an amplified telephone and television systems–which is a great idea if your housemates are always telling you to “turn it down”.    My DH does have an amplified telephone on loan courtesy of the State of MN deafness program.  He has a VA-issued hearing aid.

So, shoot a “secure message” to your VA audiologist or call the clinic and ask for a device prescription.  It just might help.   If you have experience with VA services for the hard of hearing , please share it on ASKNOD so we can all benefit.

Tinnitus is frustrating, not curable, but manageable.  Hearing loss is socially isolating so do protect the hearing you still have.

Posted in Guest authors, Tips and Tricks, Vietnam Disease Issues | Tagged , , , , , , , , , , | 3 Comments

KY VARO– COL. SANDERS’ WIDOW LOSES ON DIC AGAIN

Colonel Sanders at Democratic National Convention

In what Veterans Administration historians say is the longest case on record, the widow of  Harland D. Sanders, a colonel in the Kentucky  National Guard, lost again for the third time in her bid to obtain DIC benefits.  The claim is certifiably antique in VA terms and has been continuously prosecuted since his death in 1980. True to their promise to eradicate all claims older than two years, VA officials “certainly stepped up to the plate” on this one as  VA Under Secretary for Extraordinarily Rapid Claims Resolution  Allison  “Wonderland” Hickey put it. 

As some may recall, Col. Sanders divorced his wife of 69 years, Eunice,  in 1978. In what has graciously been described in the immediate family as a “winter/spring marriage”,  he wed his fourteen year old, fourth cousin once-removed, Dixie. Col. Sanders passed several years later of congestive heart failure and Ischemic Heart disease. Dixie has maintained to this day it was due to his service to our great nation and claimed she finally had the service medical records called STRs to prove it this time.

Mrs. Sanders and her attorneys have adroitly kept the claim alive and it has been appealed and remanded numerous times to the Court of Appeals for Veterans Claims and even twice to the Federal Circuit Court of Appeals. In an effort to utilize the latest technology, her legal sleuths opted to use the the Disability Benefits Questionnaires, the online filing, and Ebenefits in order to submit a Fully Developed Claim. WLRO Channel 5 News reporters, their camera crew, and VA officials at the Louisville, Kentucky VA Regional Office were standing by to receive it when it came through the doors.  In what is reputed to be the wave of the future at the VA, they were able to rule on it in minutes.

Harland-Sanders-12353545-1-402

Harland David Sanders
1890-1980
Colonel, Kentucky National Guard

The rapid resolution now sends the claim back into limbo. A VA official who wished to remain nameless at the Louisville RO said it would be several more years before it was certified and docketed at the Board of  Veterans Appeals in Washington, D.C. He wouldn’t comment on the merits of the claim but was overheard to say “He had more cooking oil than blood in him at his autopsy.  That dog won’t hunt.” Our AskNod correspondent, John Rambo, took that to mean Dixie didn’t have an ice cube’s chance in Hell of winning this claim.

Colonel Sanders was service connected for a back claim at 60 % as well as for tinnitus and hammer toe. The combined ratings entitled him to Total Disability due to Individual Employment (TDIU). He had claimed his employment in a sheltered work environment did not constitute meaningful employment but VA continued to deny his claims. Apparently he had a claim pending with the VA that had been filed by his Veterans Service Organization at the time of his demise. VA regulations permitted Dixie to file in his stead for his benefits. Veterans of Foreign Wars spokesman Bud “short round” Wiser  is proud of their initial work and claims that the battle isn’t over. At the ceremony at the VFW bar after the denial, Mrs. Sanders presented Mr. Wiser with a check for $10,000 to help defray the cost of  the champagne,  hors d’oeuvres and beautiful ice sculpture of Col. Sanders’ likeness.

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AND THE GODS MUST BE CRAZY

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This little snippet from member  MapleFrank. Looks like Panetta or Hagel’s been sniffing too much Galaxy Glue. Jez, pretty soon we’ll be allowing dogs and predator drones to wear uniforms, too. Most importantly, is it regulation black?

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HCV AND B-NHL LINKED

5 ml of poison

Great. You think you’re out of the woods and then you realize the effects of 80 weeks of Interferon have wiped out the tumor suppressor genes and you now are developing a ripsnorting good case of Non-Hodgkin’s Lymphoma. What else could go wrong? Well, apparently a lot, cowboy. Killing the HCV that old way is proving to be hazardous to your long term health. Go figure. That’s why you did it in the first place.

We tend to ignore our bodies after we finally slay the dragon. This article sent to me by Smoke explains it all. It’s a little pedantic but just do the Evelyn Woods speed-reading trick and look for the polysyllabic medicine words like Mixed  Cryoglobulinemia   (MC) type II.  I guess I’m headed for the  NHL rocks if all this is true. I have a raging case of Cryo and my PCT almost ensures HCC (66%). Some guys have all the luck, huh?

The only humor in all this is when I go to the doctor. They look down my problems list and then look at me with the “And you’re still alive? Tell me. What’s your secret?” Well shucks. Add three parts of “I hate the VA and mix it with 23 years of wait. Pour into ice-cold glass of indifference and stir with contempt. Serves one widow still waiting.

Posted in HCV Health, HCV Risks (documented) | Tagged , , , , , , , , , , , , , , , , , | 9 Comments

THE WISDOM OF JUNIUS P. LONG

“If we concentrated on the really important things in life

securedownloadthere’d be a shortage of fishing poles.”

Brownwater Jimster sends me this to share with you. As most know, I tread lightly on political subjects because they are, like religion, fraught with chuckholes. However, when someone like Mr. J.P. Long emerges and points out the sky is indeed falling (and he’s right), I feel obligated to second the sentiment.

Here are Mr. Long’s well-reasoned observations on the state of the Union.

If you can get arrested for hunting or fishing without

a license, but not for being in the country illegally …

you might live in a country run by idiots.

If you have to get your parents’ permission to go on

a field trip or take an aspirin in school, but not to get

an abortion …

You might live in a country run by idiots.

If you have to show identification to board an airplane,

cash a check, buy liquor or check out a library book,

but not to vote who runs the government …

You might live in a country run by idiots.

If the government wants to ban stable, law-abiding

citizens from owning gun magazines with more than

ten rounds, but gives 20 F-16 fighter jets to the crazy

new, temporary leaders in Egypt …

You might live in a country run by idiots.

If, in the largest city, you can buy two 16-ounce sodas,

but not a 24-ounce soda because 24-ounces of a

sugary drink might make you fat …

You might live in a country run by idiots.

If an 80-year-old woman can be stripped searched

by the TSA but a woman in a hijab is only subject to

having her neck and head searched …

You might live in a country run by idiots.

If your government believes that the best way to

eradicate trillions of dollars of debt is to spend trillions

more …

You might live in a country run by idiots.

If a seven year old boy can be thrown out of school

for saying his teacher’s “cute,” but hosting a sexual

exploration or sexual diversity class in grade school is perfectly acceptable …

You might live in a country run by idiots.

If hard work and success are met with higher taxes

and more government intrusion, while not working

is rewarded with EBT cards, WIC checks, Medicaid,

subsidized housing and free cell phones …

You might live in a country run by idiots.

If the government’s plan for getting people back to

work is to incentivize NOT working with 99 weeks

of unemployment checks and no requirement to

prove they applied but can’t find work …

You might live in a country run by idiots.

If being stripped of the ability to defend yourself

makes you more “safe” according to the government …

You might live in a country run by idiots.

P.S. My grandson Conner, who recently graduated from fourth grade, was unceremoniously suspended for noticing that some of the girls in his class were developing “female” attributes. His mistake was to comment on it to a fellow classmate. I have no doubt now that the inmates are in charge of the asylum. Political correctness is haute couture. One wears it now at the risk of being considered uncouth. I was born of the old neanderthal school epitomized by the Byrds song:

She may beg, she may plead

She may argue with her logic

And then mention all the things I’ll lose

That really have no value

In the end she will surely know

I wasn’t born to follow.

I make no apologies for myself. When you are raised properly, you don’t have to change your mores like womens’ skirt/dress hemlines. You inherently know what is correct and acceptable. You don’t have to consult with the Ellen DeGeneres’ of life to avoid social opprobrium. This facet of my personality makes Cupcake’s hair stand on end in public, too. She is convinced I suffer Tourette’s syndrome. Onward through the fog. God sends the Right.

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CAVC-EASTMAN V. SHINSEKI–GETTING THE C-FILE THE OLD FASHIONED WAY

CAVC

I’ve had Vets write me and ask how to pry loose a copy of their c-file after their requests go unanswered for a year or two.  Mr. Clifford A. Eastman, through his able rainmaker, Mr. Mark Lippman, has discovered the fifty dollar ticket to Nirvana. For the uninitiated, it costs $50 to file at the CAVC. Shocked? Yep. You have to buy justice when you get to these exalted heights unless you can prove indigence.

Members Leigh and Paul have been pestering the Baltimore VARO for nigh on a year plus 6 with no results. Her attorney should read this. Hell, I’ll throw in the fifty dollars just to irritate Eric. If I passed the hat, I’m betting we could get a princely sum to keep on tap for these purposes. But, having no urge to get on the wrong side of the IRS about a 501(c) 3 filing, I’m going to just let her law dog bite them in the ass.

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
NO. 13-1199
CLIFFORD A. EASTMAN, PETITIONER,
V.
ERIC K. SHINSEKI,
SECRETARY OF VETERANS AFFAIRS, RESPONDENT.
Before HAGEL, Judge.
O R D E R
Note: Pursuant to U.S. Vet. App. R. 30(a),
this action may not be cited as precedent.

On April 25, 2013, Clifford A. Eastman, through counsel, filed a petition for extraordinary
relief in the nature of a writ of mandamus. Mr. Eastman requested that the Court order the Oakland, California, VA regional office to provide him a copy of his claims file. On May 23, 2013, the Court ordered the Secretary to respond to Mr. Eastman’s petition. On June 21, 2013, the Secretary filed his response, indicating that on May 24, 2013, VA sent a copy of Mr. Eastman’s claims file to his counsel, Mr. Mark Lippman. The Secretary argues that the Court should dismiss Mr. Eastman’s petition as moot.

This Court adheres to the case-or-controversy jurisdictional restraints provided for in Article III of the U.S. Constitution. See Mokal v. Derwinski, 1 Vet.App. 12, 13-15 (1990). When the relief requested in a petition has been obtained, the appropriate course of action is for the Court to dismiss the petition as moot. See Thomas v. Brown, 9 Vet.App. 269, 270-71 (1996) (per curiam order).

Because Mr. Eastman has obtained the relief sought in his petition, a copy of his claims file, the Court will dismiss his petition as moot.

Upon consideration of the foregoing, it is
ORDERED that Mr. Eastman’s petition for writ of mandamus is DISMISSED as moot

DATED: July 5, 2013 BY THE COURT:
/s/ Lawrence B. Hagel
LAWRENCE B. HAGEL
Judge

Copies to:

Mark R. Lippman, Esq.
VA General Counsel (027)

Posted in C-Files and RBAs, CAVC ruling, Extraordinary Writs of Mandamus, Tips and Tricks | Tagged , , , , , , , , , , , | 5 Comments

DOUBLE HEADER

armyoccupationribbon

From Emo we get this daisy. The Sanford, Florida Police Department wearing WW2 medals. This is absolutely off the map.

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From Loyal, we find out coconuts are the best part of waking up in the morning-especially if you have HCV!

Green coconut water uses:

–Natural, healthy source for hydration, energy and endurance, making it the perfect sports drink.
–Restores electrolytes after exercise, vomiting, diarrhea.
—Antiseptic properties provide antibacterial, anti-viral and anti-fungal agents to purify blood — killing measles, herpes, influenza, AIDS, SARS, hepatitis C…

Posted in HCV Health, Stolen Valor, Uncategorized | Tagged , , , , , , , , , , , | 1 Comment

BVA–LIKE A DRUNK NEIGHBOR, VFW IS THERE

 FROM THE JOHN BROWN

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MEMORIAL  VARO IN

HUNTINGTON, WEST VIRGINIA

Boy, when you have a VSO like this, who needs enemies? VFW is repping this guy and somehow the subject of a nexus letter never came up.  Their scorecard on this latest adventure is VA-8, Vet-0. I hate that when that happens. In addition, someone hasn’t been minding the store on claim appeals deadlines. That has made it damn near impossible to get any traction for 8 years. Starting over each time is harder than hitching up all them reindeer to Santa’s sled.

Personally, if I were a registered, licensed Veterans Service Representative assigned to this Vet, I’m not sure I could look him in the eye and say I was proud of what I’d provided as a work product. The glaring truth is there is nothing to show for all those years. Proceeding on to DC, missing all the opportunities to have a hearing and eventually arriving empty-handed, save for a fistfull of VAMC VISTA records that  merely confirm what everyone already knows, was a cruel joke.

This Veteran from Huntington, WV might not have been the sharpest tool in the hardware store but he sure didn’t deserve to get a legalzoom.gov, Earl Scheib, dollar three eightynine wannabe lawyer. When you set yourself up to be an expert at doing this, Vets trust you. Johnny Vet just found out the difference between trusting a well-meaning fellow and dealing with the reality of the VA shark tank.

I talk about this at great length every time I get a chance or a forum like Stardust Radio. I wrongly tend to believe that by 2013, there can’t be a Vet alive who is uninformed on this subject. Perusing the BVA decisions, I am constantly brought crashing back to earth. There are literally hundreds and hundreds of Vets help sites and almost all advocate you seek help from a VSO.  Very few, however, get down in the weeds and tell you to keep your wallet in your front pocket and sit with your back to the wall.

Most of you have, by now, realized I do not harbor any admiration for VSOs. With all the revelations of high wages and Dom Perignon for the CEOs, their disdain for Vietnam Vets and their seeming inability to field a winning team either in Huntington or Washington DC, I have no use for them. This poor Vet invested his trust and 8 years of his claims life to a guy who couldn’t light a fart with nothing to show for the effort on all eight of his claims.

vfw

Posted in BvA HCV decisions, VSOs | Tagged , , , , , , , , , , , , , , , , | 14 Comments