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POLITICIAN IN TRAINING
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.”
CAVC– EXTRAORDINARY WRITS DO WORK.
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.
Posted in CAVC ruling, Extraordinary Writs of Mandamus
Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, Disabled Veteran, DIY vA Claims, Gulf War Claims Help, Gulf War Vets Help, Help with vA Claims, Helping Veterans, Korean War Vets Help, Service Connection, VA claims, VA Extraordinary Writ of Mandamus, Veterans claims help, Vietnam Veterans Claims Help.
4 Comments
BVA- DEATH BY REMAND
JUSTICE DELAYED IS NOT
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.
Posted in BvA HCV decisions
Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, Gulf War Vets Help, HCV, HCV Decisions, HCV Health Tips, HCV Veterans, HCVETS, Help with vA Claims, Help with vA HCV Claims., Helping Veterans, Korean War Vets Help, Service Connection, VA claims, Veterans claims help, Vietnam Veterans Claims Help.
1 Comment
MARINE VET’S HUMOR
I wonder if Marines have an identity crisis. I mean which is it? Are you an inferior member of the Navy or a stand alone? Marines, as a group, are not who I’d want to get into a disagreement with after waaay too many adult beverages. Comparatively speaking, I’d far rather go up against a bunch of inebriated, pantywaist, motion sickness-disabled Navy guys. Marine humor follows in the same vein. Tombo’s take on various subjects…
SCOTTISH WEDDING
At the Scottish wedding reception the D.J. yelled…
“Would all married men please stand next to the one person who has made your life worth living.”
The bartender was almost crushed to death.
________________________________________
SEX
Condoms don’t guarantee safe sex anymore …
A friend of mine was wearing one when he was shot by the woman’s husband.
________________________________________
Poor Lance Armstrong –
I think it is just terrible and disgusting how everyone has treated Lance Armstrong, especially after what he achieved, winning 7 Tour de France races, while on drugs. When I was on drugs, I couldn’t even find my *-!-#-%-ing bike. I say we cut him some slack.
_______________________________________
SCAM Alert
Just got scammed out of $25. Bought Tiger Woods DVD entitled “My Favorite 18 Holes”. Turns out it’s about golf. Absolute waste of money! Pass this on so others don’t get scammed.
Regards
Charlie Sheen
_______________________________________
Pregnant Prostitute:
A Doctor asks a lady of the evening, “Do you know who the father is?”
Her jaded response: “For goodness’ sake, if you ate a can of beans would you know which one made you fart?”
_______________________________________
AIR FLORIDA
A prospective passenger calls to book a reservation. The agent inquires:
“And how many people will be flying with you?”
“Damn good question. You own the plane. Perhaps you could enlighten me?”
KC’S MOST EXCELLENT WIN (#38)
As promised several weeks ago, here is KC’s win. He and I have been in touch for several years and soon discovered we’re nigh on to being related by marriage. His ancestral haunts are less than 20 miles from Casa Nod. He moved to West Virginia to work and find a VARO that is more equitable. In both respects, he succeeded beyond his wildest dreams.
Kel has been fighting VA off and on for as long or longer than even me which is unique. After attending the NOD Aspire Academy, he began his Odyssey in earnest. He had no idea how well the system works or, alternatively, how convincing he is with his evidence. Suffice it to say he was fluent enough to come away with what I consider one of the hardest ratings of all to attain-as well as the highest rating.
I have worked with many of you over the last five years and rarely, if ever, have any of you had the initial success I did in receiving a 100% rating for Hepatitis C right out of the gate. Kel is now the second recipient of this prestigious award. Many get sandbagged by VA late in the progress of their disease and VA purposefully drags in the Diagnostic Code for cirrhosis (7312). When this happens, as it did to Rob down in Salt Lick City, you end up in a netherworld stuck between HCV and the cirrhosis. Since many of the symptoms are duplicative, it is virtually impossible to advance to a meaningful (100%) rating without VA invoking the dreaded pyramiding regulation (38 CFR 4.14). Thus you end up with 30% for cirrhosis:
Portal hypertension and splenomegaly, with weakness, anorexia, abdominal pain, malaise, and at least minor weight loss (DC 7312)
and 20% for the hep:
Daily fatigue, malaise, and anorexia (without weight loss or hepatomegaly), requiring dietary restriction or continuous medication, or; incapacitating episodes (with symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain) having a total duration of at least two weeks, but less than four weeks, during the past 12-month period (DC 7354)
You could be sailing your sofa around the world daily with near constant debilitating symptoms and get no closer to the big banana because that would be “cheating”. Meanwhile, you are stuck in a special limbo trying to beg them to throw the cirrhosis rating on the ash heap and just focus on what caused the cirrhosis. Member Mark is now pursuing this conundrum. Imagine being so ill that you spend most of your waking hours with an upchuck bucket close at hand. Imagine VA insisting this is only worth 20%. Off to work Mark, and don’t forget to pack a barf bag with your lunch.
In my book I stressed this. Steer clear of any mention of cirrhosis. In Rob’s case they glommed onto it because there was such extensive discussion of it in his medical records. That’s pretty much what happens when you’ve had hep for 40 + years. VA graciously granted both ratings and then gleefully refused to give him a meaningful rating for either one.
Kel, on the other hand, carefully railroaded this onto the HCV siding and refused to let VA wander off subject. Granted, his condition has not graduated to the verge of decompensated cirrhosis yet, but the near constant debilitating symptoms are the signature hallmark of advanced, untreated disease. Kel was careful to emphasize this and induce his caregivers to say as much. In that regard, he wins early on and completely. He also garnered his Permanent and Total simultaneously and the kids will get their VA-financed college educations that come with Chapter 35 benefits.
Additionally, he skipped ahead a few chapters in my book and also graduated Magna Cum Laude by nailing down his Special Monthly Compensation “S” along with all the other accomplishments. I would say this was akin to a Cub Scout getting his Bear badge, a gold arrow point for his Wolf and a gold plus two silvers on the newly minted Bear.
One of my first projects in 2008 that carried over into my prolonged hospital stay was John Bisig (1958-2011). With some help, he advanced from 10% in 2008 to 280% following the same protracted hepatitis/cirrhosis quandary. He was able to get his civilian doctor to opine that the cirrhosis was secondary to the HCV which allowed VA to view the hep as the primary rating. Once that was accomplished he swiftly bumped up to the 100% and followed it with a trainload of secondaries leading to the huge rating. Unfortunately, he only lived several more years and was unable to reap the fruit of his labor. Of note, he did all this at the Houston VARO without having to appeal. That’s how well he dialed in on this process. I just channeled his energy in the right direction with pointers and advice. He, like Kel, was responsible for all the heavy lifting.
Kel now becomes the 38th recipient of the Win or Die Award for persistence. As we are fond of doing here for your education, we publish Kel’s victory ( with his permission, of course) redacted to keep credit card fraud down to a dull roar. Unbeknownst to him, Cupcake and I will be putting a down payment on our new Mexican condo with his brand new American Express Platinum Card. We had no idea he had such a high credit rating. When we discovered this, we opted to upgrade from a one bedroom to two and get an ocean view instead of the mountains. A warm thank you is in order. We also purchased a Lifelock® policy in his name to protect him against fraud.
Attached here, in .PDF format, is his rating. While he didn’t get everything he wanted, I pointed out that is what the new, Form 21-0958 NOD is for. It keeps them hopping down at the RO and out of the bars. It’s a great read. The few. The proud. The persistent.
Posted in vARO Decisions
Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, Gulf War Claims Help, HCV, HCV Decisions, HCV Health Tips, HCV Veterans, HCVETS, Help with vA Claims, Help with vA HCV Claims., Helping Veterans, Korean War Vets Help, Service Connection, VA HCV Claims Help, Veterans claims help, Vietnam Veterans Claims Help.
5 Comments
ASK NOD INVITES YOU TO PLAY VIRTUAL GARDENER
Welcome to Virtual Gardener. You’ll be happy to be here soon. The rewards program is very liberal. Plant the whole back forty and we’ll even throw in a virtual tractor to rototill the weeds down.
Corn as far as the eye can see will soon be at your fingertips
Yes, and now you, too can grow your virtual food in your temperature-controlled greenhouse year-round! Simply click on the request and I’ll get you started with your virtual Farm as well. You’ll get to raise virtual corn, carrots and peas. Don’t forget those important greens and dill as well. Celery is a must and there’s plenty of room in this baby for more. In fact, with my virtual garden, you have unlimited space to grow all manner of veggies. Pak Choy? Ne problemo. Lime Basil? Got you covered.

Call or text in the next 15 minutes and you also get this virtual gardener’s assistant absolutely FREE.
You also get a starter kit with one virtual horse and goat. You can name them yourself! Just imagine the fun you’ll have virtually feeding them twice a day. Click on the animal sounds icon and they’ll wake you up in the morning at whatever time you set them for.
Don’t be fooled by cheap substitutes and cardboard cutouts. We can put you into this baby for just pennies a day. Imagine waking up to the gentle Naaaaaaaaaaaaah of your brand new goat. If you bend over to pick something up, he’ll virtually butt you in the butt. Think of the fun you’ll have showing pictures of him to your friends. Get started now.
HCV testing results in Exeter (NH) one year into the crisis
The country became aware of the drug diversion case against David Kwiatkowski (DK) in New Hampshire last year. The investigation then spread to seven other states because he was a traveling technician. About 43 cases of HCV nationwide have been attributed to DK but Exeter Hospital is the center of the HCV outbreak. (The trial is delayed.)
Kwiatkowski, who pleaded not guilty to 14 drug charges in December, is accused of stealing painkiller syringes from Exeter Hospital’s cardiac catheterization lab and replacing them with saline-filled syringes tainted with his own blood.
The good news is that 135 people, who presumably didn’t know they had been infected with HCV (active or cleared), prior to the revelations about Kwiatkowski, now know their HCV status. And the 79 with newly discovered active HCV cases can get help. The State of New Hampshire has billed Exeter Hospital for $42,000 for testing clinics that were held around the state.
NH HEPATITIS C VIRUS (HCV) OUTBREAK INVESTIGATION
TESTING SUMMARY
May 15, 2012 to February 1, 2013
Tested thus far: 3,838; still to be tested: 667
People with active HCV infection matching outbreak: 32 plus 1 employee (D.K.) =33
People with active HCV infection unrelated to outbreak: 47
People with past HCV infection (cleared infection): 56
Maryland’s report (3/13) is shows that hospital drug diversion resulting in clusters of HCV infections are not a new phenomenon (pages 17-19). See: http://www.concordmonitor.com/news/4220717-95/story.html
The Baltimore VA, which also employed DK, has not issued a new update since 8/12.
But in Exeter, about 3.5% of the 3,838 have been infected with HCV. If you take DK’s 32 victims out of the picture, about 2.4% have been infected with HCV in their past. This is higher than the 1.9% the government estimates HCV exposure to be.
My first grandchild (now 7) was born in this modern hospital and I was impressed with the facility and I see several morals to the still developing NH story. Even excellent hospitals have problems with infection control procedures. If the rates of HCV are this high in this small sample,even sans the drug diversion case, the CDC is probably underestimating HCV prevalence rates in the U.S.. It would be a lot cheaper to test everyone for HCV as part routine care, rather than in crisis mode. If HCV-infection rates are high in Exeter, an affluent and quintessential New England town, a town where gifted children go for the best private education, they are probably high (or higher) elsewhere.

HCV: a mari usque ad mare (from sea to sea)
Posted in Guest authors, HCV Health, HCV Risks (documented), Jetgun Claims evidence
Tagged ASKNOD BOOK, asknod.org, asknod@wordpress.com, Disabled Veteran, DIY vA Claims, Gulf War Claims Help, HCV, HCV Health Tips, HCV Veterans, HCVETS, Help with vA Claims, Help with vA HCV Claims., Helping Veterans, Korean War Vets Help, VA HCV Claims Help, Veterans claims help, Vietnam Veterans Claims Help.
1 Comment
THE ELITE 7% CLUB
Every year on this auspicious holiday for our fallen, I hear the lament of how commercialized it has become. Lost in the shuffle of countless sales events nationwide, is the concept of serving one’s country. Memorial Day is confused with Veterans Day and the dichotomy vexes me. This is a day to celebrate and remember our fallen warriors-not the survivors.
We have now essentially extricated ourselves from one of the longest, most protracted engagements in the history of our nation. We have experienced almost continuous warfare since 2001 and fortunately escaped relatively unscathed when measured against the only other similar time span during the Vietnam Boundary Dispute of the sixties and seventies.
Americans who choose to serve their country are an eclectic bunch and come from all walks of life. Those who survive often return to their prior pursuits and put this chapter in their lives behind them. Some find the calling alluring and make a career of it. And then we have the group who, for whatever reason, give their all for the concept of true freedom.
The seven percent who hear the siren call and find it irresistible are what makes this country the international bulwark of democracy. That sounds rather archaic in this day and age but the concept of putting one’s country before one’s own desires is rare. Too often we hear in the news the incessant drumbeat of perceived slights, racial discord and dissatisfaction with the status quo. Imagine voluntarily laying one’s own rights down and fighting for the right of others to enjoy what you have forsworn. It sounds insane on its face but hundreds of thousands of altruistic souls join this elite club with no apparent motive other than to protect our nation.
These seven percent sign up in war and peace alike knowing full well the danger and the ultimate price they risk when doing so. My family seems to be similarly afflicted. This list began in the War of Independence when one of my forbears felt the compulsion to fight the British. This certainly wasn’t motivated by money in 1776. It was purely a desire to live free.
The War of Northern Aggression brought out ancestors on both sides with many casualties. I don’t think the family tree ever recovered as my extended family was truncated for decades afterwards. Recriminations continued for a century. The death of the disenfranchised has buried that hatchet for the most part.
Following America’s entry into World War I, my stepgrandfather and namesake came back from Australia to serve in combat in Europe. He certainly wasn’t obligated but that is the flaw in the makeup of our family genes. The smell of gunpowder is the eau de parfum of our family. It is the common thread that knits and weaves my clan to America. Its aroma draws otherwise sane people into putting their lives in danger to preserve a nation and a way of life.
Prior to World War II, my Uncle Jay induced old Grandpa to sign for him in 1933. Being seventeen and having no prospects for advancement in Oildale, California, the world looked like a better adventure. Jay went up and down through the ranks like the musical scales. His proclivity for drinking was the culprit. Nevertheless, he never broke faith with the Army and endured the privations of innumerable Article 15s and lost wages. This continued right up until he found himself with a bullet in his ankle and an involuntarily participant of the 128 kilometer Bataan Fun Run. He survived and was repatriated in 1945 after over three years as a prisoner of war. In spite of this, he still maintained he’d do it all over given the chance. Such is the defective gene in my family.
My father felt the tug a short time later following his graduation from college. He was commissioned in 1941 and was assigned, to his chagrin, to teaching aerial fighter pilot gunnery to the Tuskegee airmen. He endured this for several years until the yearning for combat overwhelmed his common sense. He proceeded to buzz a few sailboats in the Gulf of Mexico and do a loop around the Apalachicola Bridge in a P-51 Mustang –twice. That was the last straw. His punishment? Why, transfer to England in August 1944 and the 355th Fighter Group at Steeple Morden. At home in this element, he proceeded to bag 16 and a half aircraft in the ensuing nine months.
He decided to make it a career which was an eventual deal breaker for my mother. He moved from one theater of war to the next and fought in Korea as well as Vietnam. He was happiest when above 20,000 feet with the sun at his back.
And then there was me. In 1969, I could see the writing on the wall. If I attended college, this shindig was going to be over before I graduated. After a minor altercation involving beer, flying eggs, and reckless driving four days after my graduation from high school, the Hampton, Va. Draft Board determined wrongly that I was 1A. I promptly enlisted in the Air Force and dreamed of gunpowder, too. Mick Jagger’s Wild Horses couldn’t drag me away from it.
I spent two years in Southeast Asia. That’s all I’m going to say about that. My son was wooed by the military when he graduated in 2006 but unfortunately inherited an autoimmune disorder from me due to my exposure to Agent Orange. The VA does not recognize Crohn’s disease or Ulcerative Colitis as being proximately due to AO, but that is beside the point. They will come to this realization shortly after the last one exposed is laid to rest-along with a host of other ailments. I am not disheartened to see him avoid this. Were he healthy, I would still counsel him to avoid service after what I endured. My family have paid our dues many times over. It’s time to skip a generation or two.
I have watched one of my son’s best friends who chose this path. Joshua joined the Army, and being a gung ho type, immediately signed up for Ranger School. He recently departed for his fourth deployment and already has two Bronze Stars. The toll on his mind is telling. He’s unable, as we all were after Vietnam, to relate to the land of the big PX. After returning from each deployment, he sits on the sofa waiting for the next. Like an addictive drug, he won’t be satisfied until something bad happens. I know. It’s the same perfume sometimes called eau d’ stress and is quite the panacea for wanderlust. Joshua’s new bride is not so enamored of his proclivities but is supporting nevertheless.
In closing, let us pray for all the souls who are not here to celebrate America’s greatness this weekend. The seven percent are a unique club with no unifying membership. We do not ask for more than what was promised in our compact with our country to defend it. Unfortunately, the promises that were made and the gifts that were exchanged gradually become yesterday’s compacts-null and void. America moves on and the Vets get left behind.
Let us never forget that we owe so much to so few of our citizens that cannot be repaid monetarily. Veterans are unique. In no other society can we become soldiers yet melt back into the ranks of citizenry as if we had never left. Would that America would honor its promises to us for our service. We ask for no more- nor less.
Kudos for the New Jersey Vietnam Veterans’ Memorial Foundation
As another Memorial Day approaches, I am glad to see that this group is again including deceased Vietnam Veterans who died as a result of the war from AO, HCV and other physical and emotional wounds. (Last year’s post..) If you agree with these acknowledgments and memorial actions, please email this post to anyone in your state who might be interested. Many families will be comforted if this is repeated nationwide in the future.
http://www.njvvmf.org/memorial-day-ceremony.pdf
During the ceremony, the Foundation will induct five Vietnam Veterans into its “In Memory” Program. “In Memory” honors New Jerseyans who served and died as a result of the war in Vietnam but whose names are not on the Memorial. Some of these deaths are due to Agent Orange exposure, Hepatitis C and the physical or emotional wounds received in Vietnam. The inductees’ names will be placed on an engraved stone inside the Memorial so that all who visit will know that they are with their honored comrades.
As part of the ceremony, family members will say a few words about their loved one and light a candle in their memory. A book of biographical information, complied by the family, is also placed in the Vietnam Era Museum & Educational Center’s Resource Room.
The five “In Memory” inductees are:Specialist 4th Class William D. Buist of Belleville, NJ
Sergeant Michael J. Green of Harrison, NJ
Specialist 4th Class Alan A. Howardell of Rahway, NJ
Sergeant Daniel L. O’Connell of Atlantic City, NJ
Sergeant First Class Daniel R. Shea of Lambertville, NJ
Rest in peace.
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