THE ELITE 7% CLUB

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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.

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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.

Image source: 2005 New Jersey Veterans’ Journal
Remembering the heroes

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15 DAYS TO HEPFEST

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NOT SO FAST ON THE FAST LETTER, ALLISON

fast ltr

Be careful with your brand new provisional rating after VA gives it to you. If it’s a denial or defective in any way, you can speed it up immeasurably instead of waiting around for them to do something for a year.

Under Decision Notification Criteria on page 4 of the April 19, 2013 FAST Letter 20-13-05, please note that it says:

If you want to receive a final decision with appeal rights before the one-year provisional
period ends, send VA a signed statement as follows:

“All necessary evidence was considered by VA. I request that this provisional
decision be made final.

This will allow you to appeal sooner. FYI, Veterans.

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NYMPHOMANIAC CONVENTION

Mark sends us this one. He’s been cleaning out the email humor file lately. This is absolutely priceless. Please refrain from drinking coffee or co-cola when reading this as it hurts to aspirate them through your sinus passages while laughing.

Lisa-walking-down-aisle

A young Veteran recently separated from a Ranger outfit boarded an airplane and took his seat. As he settled in, he glanced up and saw the most beautiful woman boarding the plane.

He soon realized she was heading straight towards his seat. As fate would have it, she took the seat right beside his. Eager to strike up a conversation he blurted out, “Business trip or pleasure?”

She turned, smiled and said, “Why, Business. I’m going to the Annual Nymphomaniacs of America Convention in Boston “.

He swallowed hard. Here was the most gorgeous woman he had ever seen sitting next to him, and she was going to a meeting of nymphomaniacs. Struggling to maintain his composure and not say something stupid, he calmly asked “What’s your business role at this convention?”

“Lecturer,” she responded. “I use information that I have learned from my personal experiences to debunk some of the popular myths about sexuality.”

“Really?” he said. “And what kind of myths are out there?”

“Well,” she explained, “one popular myth is that African-American men are the most well-endowed of all men, when in fact it is the Native American Indian who is most likely to possess that trait. Another popular myth is that Frenchmen are the best lovers, when actually it is men of Jewish descent who are the best. I have also discovered that the lover with absolutely the best stamina is the Southern Redneck.”

Suddenly the woman became a little uncomfortable and blushed. “I’m sorry,’ she said, “I shouldn’t really be discussing all of this with you. I don’t even know your name.”

“Tonto,” the Vet said, shaking her hand  “Tonto Goldstein, but my friends just call me Bubba.”

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Former Ranger Tonto
“Big Bubba” Goldstein

 

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HUGFEST 2013–16 WAKEUPS

Dang I’m so short I have to climb up on top of my tennis shoes to tie my shoelaces.

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HORSETRADING AT THE DRO CORRAL

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No sooner following its incestuous birth and surreptitious  inauguration,  the brand new (for those of you in St. Petersburg) VA Form 21-0958 NOD (Notice Of Disagreement) is generating friction with attorneys for Veterans. And well it should.

Nicknamed the Notice Of Desire to communicate or Dialing for Dollars, the 21-0958 is beginning to cause  problems nationwide. The 21-0958 initially had a staggered launch to see if it was viable. With VA’s spotty track record on “fixing” things like the VBMS (Veterans Benefits Management System-nicknamed the HAL 9000), they gingerly floated this at only a few Regional Offices. One noted Veterans attorney encountered the problem in Atlanta when the local Decision Review Officer (DRO) contacted the claimant and was on the verge of convincing him to dismiss his claim which eventually netted him $150,000.00. Fortunately saner heads prevailed and the cautious spouse induced him into checking with his rainmaker first.

 New VBMS Scanning computer

New VBMS Scanning computer

Katrina Eagle was next on the 13th of May this spring when the Court of Appeals for Veterans Claims denied her Veteran’s petition of Mandamus to muzzle the VA Secretary et al from contacting him.  Prior to this the Roanoke VARO was fishing for dismissals in much the same way. It would seem with the new VBMS up and running now, Decision Review Officers find themselves with little to do. Idle hands being the Devil’s workshop, this doesn’t bode well for Veterans.

As an aside, I’m not implying that Veterans, as a class, are loudmouth, blustering idiots like fighter pilots at the O club at 1630. I prefer to call Veterans “loquacious” as in frequent conversationalists. They are probably more inclined to weigh in on any given subject in an open forum than their civilian brethren. Having served America when the other 93% are disinclined assuredly gives them the right to weigh in with gusto.

With that in mind, and the propensity of the VA to keep you in a dark cellar amply supplied with manure, when they do come calling, most Vets will probably get rolled. Absent a VSO or law dog on speed dial and a second landline, many of us are going to feel pressured into accepting a rump settlement when faced with an ultimatum. What the hey? They ignore your for 500 days and then come courting. You have 7 minutes to make a major decision in your eyes. Take the bird in the hand or risk losing the covey in the bushes. Classic good cop, bad cop modus operandi. You get out of hard time at the Board of Veterans Appeals jail if you’ll just agree to Tinnitus at 10 percent.

In any legal venue, poaching the appellant by a back door communication flies in the face of any normal lawyer/client relationship.  It’s unheard of. Hell, it’s illegal everywhere except Chicago. For an attorney or VSO, this feels like being a pro football coach and having your opposition team’s coach come over and start offering one of your players a good contract in the middle of a game if he’ll only commit to signing right there. VA doesn’t see anything odd or untoward about this practice. This is evident by box #13 on the 21-0958.

So, in sum, how does a form get “born” at the VA in the back room of the Dayton RO and metastasize nationwide to all VAROS in months with no fanfare and coming out party? How, indeed. VA chutzpah, guided by the belief that they operate under Divine Guidance is my guess. I always thought substantive changes in procedure that can alter history (in the VA context) had to be born in Congress or at least receive its Imprimatur. Apparently I was wrong. Ms. Eagle must have been nonplussed to find this was the General Counsel’s opinion at oral argument last week. Conversely, the poor DRO in Atlanta must have been dumbfounded when he lost that trophy largemouth Bass to an informed spouse.

Since we cannot all be protected from our verbal excesses, it is the considered opinion of this Veteran that box #13 has the potential to cause more grief than benefit. I call that the J1VO (just one Vet’s opinion) endorsement.  Since we live in America and are free to move about, the right to remain stupid is inviolate and I suspect some will fall prey to this new ploy. Beware DROs dialing for dollars (yours).

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VA Decision Review Officer

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$16.8 MILLION IN VA BONUSES PAID IN SPITE OF BACKLOG?

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Mo’ bonus money, honey!

 

Jez, where do I apply? Let me in. I have experience in Veterans Affairs. I want some of this walking around money. Here’s another great article from Aaron Glantz over at the Center for Investigative Reporting. He and his crew are like stink on poop. VA must be getting a persecution complex. Member John sends us this one and I wish to thank him for his eagle eye.

Lois Mittelstaedt, Diana Rubens and  Thomas Lastowka have earned our A.E. Neuman “Who gives a shit about Public Opinion” award this month.

Michael Cardarelli would have been included as well but he abruptly departed in February with no forwarding address.

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VA FORM 21-0958 VARO INSTRUCTIONS FOR DROs

LAWBOB

LawBob Squarepants sends us this tasty morsel. How to… for DROs. Funny also is that on my search engines the other day someone googled LawBob Squarepants. Hell, the man is getting famous.

Appeals

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BVA–HCV + PTSD ≠ VR&E SUCCESS

In seeking out and researching Hepatitis  decisions, I occasionally pick up a few other ones as the search engine list them all if they mention the word. Here is an example of a VR&E program that  went awry. The documentation will floor you. In addition, the Veteran obtained a boat on the Independent Living Program and then sold it. This is the $9,373.99 debt the VA is going after that they mention is in another decision.

I’ve seen a million but none like this one. As for selling the boat, I don’t think this gentleman really knew what he wanted to do or even whether he wanted to go fishing.

For sale: Slightly used VA-provided bass catcher. Cheap.

For sale: Slightly used
VA-provided bass catcher. Cheap.

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