VA’S “HOPED FOR” PLAN

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I often noticed during the Vietnam Misunderstanding that all the bigwigs would get together down at 7th AF HQ at Tan Son Nhut Airpatch and collaborate on a “new” or improved plan to win the war. This happened so frequently that they were always coming or going. If they weren’t at 7th AF , they were over at Westmoreland’s hacienda or MACV HQ. The plan du jour changed more frequently than a baby’s diaper.

One thing perennially  bandied about was “Strategic” plans. All the planning in the world was just a response to a new trend. Everything thus became a reaction to an action on the NVA or VC’s part. Much as a bullet ricochets wildly and with no apparent trajectory, so too did the REMFs react to the latest perceived “trend”. If bombing them into the stone age wasn’t working, the honchos would suddenly concentrate on infrastructure like bridges or the Ho Chi Minh trail at the extreme westernmost terminus of the DMZ (Laos). If that didn’t seem to get their attention, Agent Orange spraying was stepped up. If killing the rice didn’t work, massive amounts of CBUs were employed with time delays like the famous CBU-26/49s. They’re still picking them up as I write this and the maiming and amputations forty years later are testimony to the failure. Laotians call them bombis. I’m sure the Cambodians have a word that conveys the same thing.

Similarly, we see the same strategic planning being employed by the Veterans Benefits Administration. If I didn’t know any better, I’d assume they transplanted Gen. Momyer and the the 7th AF wise men lock stock and barrel over to 810 Vermin Ave. NW and gave them carte blanche to weave their magic. There, in an eerily similar pattern, they are cranking out flow charts, expected benefits delivery schedules, Regional Office availability and accuracy numbers, projected launch dates, expected compliance dates, and expected data  confirmation dates that will prove each and every facet of this strategic “re”-organization.

I  remember well the time McNamara forecast the NVA’s downfall. Like any true Detroit Car manufacturer CEO, he had it down to a date-give or take six months. In a more perfect world of car bumper production, engine availability and a guaranteed supply source, he would have provided a concrete date for any vehicle’s availability. In war, the only given is that it will take longer than anyone ever dreamed of. Hence, when they ran out of MK-82 500 lb. dumb bombs in 1967 and the war was just warming up, there was some heated controversy. We were forced to go out and pay $900 each for all the MK-82s we’d sold Germany at $58 each back in the early fifties.  Munitions factories who were told to hold off on ramping up 5.56mm X 45mm M 16 ammo production were suddenly exhorted to go into full blown production as soon as humanly possible. Sound familiar?

The Veterans Administration is taking the same tack. The orchestration for the current disaster appears as though it was lifted page for page from the Vietnam debacle. Fiddling confidently while Rome burned, VA watched as we ratcheted up our war plans in 2001 hard on the heels of the Kuwait/Iraq imbroglio. No plans were formulated to even consider an electronic records conversion in spite of the fact that VA was the lone government holdout in this respect. In splendid isolation, VA continued to do business much as their forebears did in the eighteenth century. They did graduate from quill and inkpot to more modern writing utensils.

Even when it became evident that change was needed, the good Dr. Peake, appointed by W43 made few, if any, changes that would prepare the Veterans Administration for the tsunami of future claims. As an aside, you simply cannot put hundreds of thousands of troops under arms and not have a corresponding increase in collateral damage. With improvements to medical science, the number who survived what would be considered fatal injuries in the past, now were arriving at the Landstuhl Humpty Dumpty Clinic and getting a second chance-albeit somewhat abbreviated or physically truncated.

VA continued to bone up on their musical talents at the expense of Veterans until it could be ignored no more. Now we are witnessing the Helter Skelter technology VA has inaugurated in the second decade of the twenty first century. VA has just released their new Strategic Plan to Eliminate the Compensation Claims Backlog and are very proud of it. Every contingency has been accounted for. Every wrinkle has been smoothed. Like a seamstress before opening night on Broadway, they stand with iron, thread and needle in hand waiting for a wardrobe malfunction. And well they should.

Imagine dial up computer log-on in the nineties. Remember getting booted off unceremoniously for no reason? How about watching the little hourglass or circle go round and round? Et voilà! Welcome to VBMS. Try viewing a C-file when you finally get it back from the vendor who scanned it preparatory to your adjudicating it. Better yet, try viewing it with five tabs opened to different parts of it. Can you say VBMS crash? Sure. I bet you can. Go ahead and try sounding it out.

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VSRs who I speak with (who surreptitiously contact me via the AFGEwebsite) tell of horrendous delays and server issues the likes of which we used to suffer decades ago in our dial up days. Frustration is so rampant that many just pay lip service to this mode and sashay electronically over to the copier to construct an illicit paper version in order to decipher it all.

Much like the fabled air war described above, simply stating that dropping 12 (or 18, or 28) VAROs into the VBMS mode will strategically change claims adjudications as we know it is akin to smoking some really good Maui Wowie followed by strapping on the rose-tinted sunglasses. Nothing changed but it looks better.

Meaningful change at the VA is coming. Make no mistake. It is long overdue and trying to rush a new product onto the market is fraught with unforeseen glitches. Ask Boeing about their new 787 batteries. Similarly, simply pronouncing that henceforth the wicked witch is dead comes with some codicils. There are 58 witches- some of which live in towns with lots of Veterans. Were we faced with converting just Fort Harrison and Sioux Falls over to VBMS, this would have been a cakewalk. Reality is a harsh taskmaster. When your planning committee has no depth like San Diego’s backfield, you need to bring in the pros from 3M and Microsoft. VA is loathe to do this. They are an “in house” club as most in the government are. They hate to delegate authority and prefer to use their own geek squad. The mentality is simple. “We have a complex system here that requires a ‘hands on’ proactive approach. No one else has the depth and finesse to accomplish this.” Therein lies the dilemma. VA feels there’s always something on the shelf to fill the bill.

Finally faced with the impossibility of scanning katrillions of pieces of paper into meaningful electronic records, they ordered out like a chinese takeout. No strictures were employed. No parameters were announced. Simply a “Take them out. Be careful and don’t lose them like we do. Scan them and bring them back. Order? We don’t care what order they’re in.”

Phase Two began an orderly scanning so they were more organized by left side, center side and right side. Phase Three was even more specific by asking for the grouping of STRS and medical evidence in a specific spot without a concerted effort to hunt all day for them. At some point I suspect a note might have appeared in the suggestion box proposing a table of contents. I might be premature on that one. My AFGE confidante isn’t sure they’ll implement it soon without additional Aspire training back in Baltimore.

While I compliment VA for their concerted and belated effort to come to grips with this problem, no one can say it was a surprise. They have been in this business for several centuries and I’d think they would absorb some of the more nascent technology as it became available. Better late than never? Yes, but by the same token, when given this golden opportunity to seize the high ground, it seems incongruous to take the least savvy path to excellence. Considering the vast quantities of money they have thrown at this and the relatively paltry returns, one might expect some serious introspection. Not the VA. Their solution? Hey, let’s go down to Orlando and have a conference and learnathon complete with VBMS karaoke. Hire a Patton lookalike for $80 K. Teach claims adjudication on the golf course.

There have been some who clammer for Shinseki’s head and Hickey’s as well. Idiot’s delight. Just when they are starting to comprehend the magnitude of the problem and come up with viable solutions, the headhunters show up and demand blood. The problem is myopia and it began aeons ago. We finally fitted them out with glasses and they can see the problem. It would be asinine now to fire the ones best equipped to solve the dilemma. It would certainly feel good but that would be followed by more confusion and a new strategic outline on how to cure the problem.

Let’s face it. We’ve been strategized to death by the bean counters. In construction, at this stage, one often hears the refrain “It’s time to shoot the engineers and begin production.” VA blithely passed that milestone in 1946.  They have continued to ignore the obvious, impending signs and fiddled enough to compose innumerable concertos. The intermediate deadwood at the Central Office that dreams up all this foolishness and attempts to keep it in house has to go. It’s hard to think outside the box when the definition of “box” has so many people defining it. Put another way, I suspect we have too many chiefs and not enough Indians. Ooops. Indigenous Native Americans predisposed to living on the North American continent.

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STARDUST RADIO IN ONE HOUR +20

 

 

stardust radioYessiree. The Hugfest warmup show and everything you ever wanted to know about VA in 3,000 words or less. 1600 hrs for the Left Coast and 1900 for all you in Storm Country east of the Mississippi. Isn’t it nice that Bobbi Gentry put that to music? Now, if someone would do it to Tennessee. Word check is the only thing that saves me on that one.

 

LIVE call in line … 877 213 4329

Call us. Tell Rick how much salsa to bring and how hot it should be. Call and ask if you can demand VA rate you under a different diagnostic code than you got saddled with at your initial win. Call if you voted for Ross Perot. The third caller gets a free autographed ASK NOD BOOK. See? Rank capitalism is still alive.

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#39 JUST SIGNALED HIS SUCCESS.

A gentleman named Darryl just left a note on the Dr. Cecil’ website widget. After seven years, he’s finally prevailed…

thank god for hcv-vet/nod/dr. cecil/dr. ahmed after seven years I won my hcv case, it would never have happen without the assistance from this website. and the faith, one must have the faith.

Darryl hit that one out of the park. Win or die and faith that you will ultimately prevail is the cement that holds our claims philosophy together. A round of applause is way overdue for this gentleman. Seven years in the hole is a long time to wait. I sent him a private message and asked him to contribute his winning technique for closer inspection. I hope he will respond and share his story with us.

Each and every one of you have unique circumstances and no two are ever alike in their prosecution. Keep in mind, too, that many a VA lawyer comes here searching for that Holy Grail- the unique piece of the puzzle that unlocks the win. By sharing this with us, he will put one more nail in the VA coffin that prevents us from attaining what is rightfully ours and promised us when we signed on the line.

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50 YEARS AGO

Fifty years ago or thereabouts, a lot who read these words were asked what they could do for their country rather than the obverse. I now wish to restate that. I think everyone misheard it and disremember it.

JFK1

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VA FAILING TO TREAT HCV VETS

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Patricia sent me this and it should be required reading for any one of you who served between 1959 and 1989. Hell, even if you got poked with a jetgun up to 1998 when they pulled them, you’re in danger.

http://hcvets.com/Journals/VAfailsTreatingVets.htm#Read_

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8 DAYS TO HUGFEST

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HUGFEST UPDATE.

Magnet or bust

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POLITICIAN IN TRAINING

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Fellow member of the Autoimmune hepatitis club Mark sends me this daisy. 

An Indian walks into a cafe with a shotgun in one hand pulling a male buffalo with the other. He says to the waiter: “Want coffee.”

He gets the Indian a tall mug of coffee. The Indian drinks the coffee down in one gulp, turns and blasts the buffalo with the shotgun, causing parts of the animal to splatter everywhere and then just walks out.

The next morning the Indian returns. He has his shotgun in one hand, pulling another male buffalo with the other. He walks up to the counter and says to the waiter “Want coffee.”

The waiter says “Whoa, Tonto! We’re still cleaning up your mess from yesterday. What was all that about, anyway?”

The Indian smiles and proudly says “Training for position in United States Congress. Come in, drink coffee, shoot the bull, leave mess for others to clean up, disappear for rest of day.”

 

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CAVC– EXTRAORDINARY WRITS DO WORK.

DRO Claims in by 10 out by 4 with Extraordinary Writ

DRO Claims in by 10 out by 4 with Extraordinary Writ

In spite of all you have been told by those oh-so-knowledgeable VSOs, you can kick ass and take names at the CAVC with a petition for a Writ of Mandamus. If you’re dirt poor and aren’t getting any respect, you get a bye on the $50 ante. That makes this a freebee for you. 

Take our good buddy William V. Bachstet. Smart cookie. Pro se at the Court gets you the red carpet treatment. You’re as sharp as a marble in their eyes so it helps to keep it in monosyllabic words like “Ugh. Me want DRO hearing. Write letters. Use wet blanket and green Madrona smoke signals. Beat tom-toms.  No hear from Great White Father. Bill want justice. VA speak with forked tongue.”

And lo and behold, before they can even think about granting the Writ, why, we find out the check was in the mail all along. Chances are Uncle Bill got one of those pronto provisional McClaims jobs, but what the hey? Just as Exlax® is inexorable,  VA pooped and got off the pot. It does produce “regularity” such as it is in the claims world. It’s no guarantee that you’ll win-just that the constipation your claim has been suffering will suddenly be resolved.  Check it out. I love these things.

Willie Bachstett

VA McClaims drive thru window at Sioux Falls VARO.

VA McClaims drive thru window at Sioux Falls VARO.

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BVA- DEATH BY REMAND

JUSTICE DELAYED IS NOT

images (3)ALWAYS JUSTICE DENIED

(JUST MOST OF THE TIME)

I like this one. Not because the Vet died. That I wouldn’t wish on anyone. I like this because it illustrates how being patient with the VA and assuming they will do the right thing is going to cost you dearly. In 2007, my VSO (MOPH) actually told me the truth (once). VA is not your friend. Of course, Capt. Obvious went on to say that tattoos were willful misconduct but no one is right all the time.

Good old Johnny Vet from the PR (Puerto Rico) filed in 1994. He was denied across the board for all nine claims and appealed. Noticing he was still stuck to their shoe in 2002, they threw in a denial of his PTSD in addition to continuing the denial on the other 9 (again).  In 2004, still on appeal, the Board of Veterans Appeals (BVA) remanded his claims to be readjudicated (again).  Another round of denials followed and Johnbo went up to have a word with the boys at the CAVC in 2006. The VA Secretary’s law dogs apologized for their stupidity and begged for a Joint Remand to fix all this. Lather, rinse, repeat.

VA continued to delay and deny again and again. Apparently, the Johnnymeister wasn’t very adept at this and didn’t have everything he needed to prevail. Vets are so dense sometimes. It’s hard for VA to figure out what it is they are saying.

As most diseases are inclined to get worse over time, he added Hepatocellular Carcinoma  (HCC) in 2007 which is extremely prevalent in us Vietnam Veterans-especially those of us who brushed our teeth with AO. All of this was ongoing. In other words, his claims were still the original ones from 1994 with newer problems piled higher on the cart as time progressed. Johnny wasn’t dumb. He was doing it right by the book. Lather, rinse, repeat.

All of the issues that had been remanded to the RO in the June 2004 Board Decision/Remand and the June 2007 Board Remand were merged back together and returned to the Board for review. In March 2010, upon reviewing the evidence obtained as a result of the two remands, the Board concluded that it still did not have all of the information needed to adjudicate the issues on appeal. Hence, the claim was once again remanded to the RO for development. The claim has since been returned to the Board for review.

A review of the claims folders reveals that In February 1998, the appellant proffered testimony before a Veterans Law Judge (VLJ) who conducted the hearing at the RO in San Juan. That particular VLJ subsequently retired from service in the federal government and the appellant was notified of that fact. As a result, the appellant was given the opportunity to provide testimony before the undersigned VLJ. Said hearing occurred via a videoconference hearing in June 2009. Transcripts of both hearings were prepared and have been included in the claims folder for review.

Yeppers. That’s what happens after 20 or so years. Them fellers up at the BVA retire. Poor Johnny had to “re-judge”. This time the HCC and VA won.

I admonish the Veterans of the Southwest Asia Olympics to file as they vote in Chicago- early and often. Be prepared for the lather, rinse and repeat treatment. This is probably even more true in light of the intractable backlog which was/is on the precipice of disappearing soon in 1814 1867 1899 1920 1947 1956 1977 1994 2003 2009 2015. Lather, rinse , repeat until death. Relax.  Nothing has changed nor will it ever.

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