ORIs–VAOIG-STYLE

Remember back to yesteryear when we had Operational Readiness Inspections? A pack of chuckle heads with clipboards would spill out of a C-47 on the laterite in crisp 1505 Khakis with spit-shined shoes and begin what seriously reminded me of the Keystone Kops vignettes. Everything was loud and all answers carried 200 yds. in the wind. Baggage was shuffled until it was organized-in a word- a union job. Fifteen guys to do what 4 could.

After a lot of questions, observation and getting in the way, they would determine things weren’t that bad but could be done better. Thus was born the traveling Dog and Pony Show. The ORI team would show up and everyone bowed and scraped their hats. Amenities were observed and everyone performed their dance. Afterwards the signatories would meet and promise to look into  certain “problem” areas that needed improvement.

More bowing and scraping occurred and the ORI team was returned to the C-47 from whence they came. And then? Business as usual. The napalm, which had been hidden over on Air America’s PSP parking apron, would be forklifted over to the bomb dump alongside our parking apron. Smoking would resume within 50 feet of the fuel wagon and life would proceed as if nothing out of the ordinary had transpired. Fast forward to 2012 and the VA…

Specifically, the complainant alleged that a patient presented to the Emergency Department (ED) with suicidal ideation and had to wait in the triage holding area for over 4.5 hours prior to being seen by a psychiatrist. The psychiatrist told the patient that admission was not indicated. The patient had a panic attack, and the police were called to escort the patient out of the facility as the patient was upsetting the staff. We did not substantiate that a suicidal patient was denied admission for inpatient treatment.

Nothing has changed. Their ORI team descends unawares and rolls into town-albeit via commercial air. They aren’t adroit at sneaking up on the medical facility but that is immaterial. They announce themselves and give everyone time to move the napalm and foo gas out of sight. Feast your eyes on what didn’t happen here. Read about what was not discovered or substantiated.  Contemplate the fact that the records did not concur on the patient’s claim of suicidal ideation.

Although the patient’s electronic health record documented the patient was hopeless and depressed, it also documented that the patient denied suicidal ideation.

We determined that there was no facility policy or standard operating procedure written to describe the process for patient evaluations in the ED; therefore, there was no training on such a policy or procedure for anyone working in the ED. This may have contributed to the long ED visit for the patient and influenced the patient’s decision to leave against medical advice.

Gee. Ya think? I thought they said they frog-marched him out for upsetting the staff watching a rerun of House, M.D. Fortunately for Vets in Dallas, all concerned agreed that a better outcome would have been preferable and that the Great Strides Forward Program (GSFP) has been instituted to insure that this unfortunate debacle never happens again (in Dallas- mind you -but they’ll have to visit every other VA ER in America to make similar assessments). A working memorandum was signed admitting a wee bit of guilt and sack cloth and ashes were distributed. Mea culpas were deemed optional and bonuses were handed out to all involved.

imagesAhhh!. America. How sweet the sound of wasted money. Now, multiply that by about 200 Emergency Departments. As Senator Barry Goldwater remarked once ” A million here, a million there and pretty soon you’re talking some serious money”. He had no idea anyone at the VA would have the gall to plan an extravaganza like Orlando. He might have died of apoplectia.

I don’t make this stuff up. I don’t have to. VA does it for me and now I’m on their mailing list to make it even easier to learn about. Thank goodness they feel the need to crow about their achievements so much that they publish it on the web. How many Vets lose out on compensation to pay for this boondoggle?

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2012 in review

The WordPress.com stats helper monkeys prepared a 2012 annual report for this blog.

Here’s an excerpt:

19,000 people fit into the new Barclays Center to see Jay-Z perform. This blog was viewed about 80,000 times in 2012. If it were a concert at the Barclays Center, it would take 4 sold-out performances for that many people to see it.

Click here to see the complete report.

I would like to thank my fellow guest writers Kiedove and Joe Average Vet for their contributions. I invite others to submit articles or become guest authors as well. This site is a compendium of all our efforts-yours and mine. I depend on you, my fellow Vets, for much of what I post here. Concise knowledge of VA law, while important, is not all this site was predicated on. My irrepressible humor bleeds through as most know.

Thank you for a wonderful year. I had no idea 80,000+ people felt an urge to learn about hepatitis and VA law. Maybe they came for my arcane humor. On behalf of my fellow authors, I hope we passed the audition. We look forward to another year of success for all of you fighting the good fight. We will strive to print more that may help you understand the maze you have entered and give you the tools to win with. Some have stated that they cannot find my email or a way to contact me with questions. The email is asknod@gmail.com. If you lose it, look above under the Vietnam Campaign Ribbon and click on “email asknod”. What could be easier? All those widgets up there are active. If you put your cursor on them and left-click your mouse, you will discover a world of information you never dreamed of. I strive to keep link rot to a minimum here. If you find it, by all means inform us so we may repair it. Knowledge is power and we want you to have it. VA doesn’t. That’s all I have to say about that.

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VA ANNOUNCES PAPERLESS SYSTEM IS JUST AROUND THE CORNER

In an exciting development, the Veterans Administration announced that the paperless system enshrined at 12 “test VAROs” was working extremely well.  Under Secretary Allison “chipmunk” Hickey, in her latest Hickeygram, illustrated for reporters how this worked. Everyone was invited outside for a touchy-feely, hands-on demonstration of the new paperless system and what VA intends to do with all that extra paper…

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BAND OF BROTHERS DAY

imagesI received this from member Frank this AM. It only seems fitting when we find out once again that the US Government and their lackeys, the Supreme Court, have decided that 18 Veterans’  suicides a day  is perfectly normal and an acceptable attrition rate. I’m sure the esteemed Justices will feel secure in their persons and happy to be Americans but I shiver to think what message this sends to future defenders of our country.

What I hear is:

“Sign here. We promise to take care of you unless we’re suuuuuper busy or underfunded. Hear? No promises but if you so much as disobey an order, we’ll make you pay for it the rest of your life. Now, where were we? Oh, yeah. Sign here and be quick about it before we change our minds.”

I don’t know if this provoked Frank to send it to me but that’s irrelevant. He did send a year’s supply of killer Vermont Maple Syrup for Christmas which was unsolicited. Keep up the good work, Frank. This below is very à propos for this not so august day…

 You may have served in combat or while preserving peace.

You may have retired out or you may have served for a short time.
You may have been a draftee or a volunteer.
You may have served in the Corps, Army, Navy, Air Force, Coast Guard or the Merchant Marines,

BUT YOU SERVED. YOU DID YOUR JOB HONORABLY and for that I am PROUD to call you ‘Brother.’

You may have served during WWII, Korea, Vietnam,  Nicaragua, Persian Gulf, Iraq or Afghanistan , But you served, you did not run.

You have earned your DD 214 with those words “HONORABLY DISCHARGED” two of the most noble words in the world.

Again I am proud to know each and every one of you.

* Today is Band of Brothers’ Day* ; send this to all your brothers, fathers, sons and fellow veterans you know. Happy Band of Brothers’ Day!

To the cool men that have touched my life: Here’s to you!! I was never a hero, but I am thankful and proud to have served among them.

Remember…..A real Brother walks with you when the rest of the world walks on you.

This apparently was authored by one 1st Sgt. Ray L. Flood, U.S. Army Military Police (ret.). He probably wanted to serve in the Air Force but they were undoubtedly all booked up that month when he went to sign up. At least he decided America was more important than being all you can be at Domino’s Pizza.

And to be fair and all-inclusive to the Kumbaya Korps, I embrace all of you who wanted to serve but felt the call of the wild in Canada. As Winston Churchill might have observed   “They served also who only stood on the other side of the border and waited.” Thank you all, my unselfish fellow brothers and sisters.

imagesBand of Brothers Day for all of us who served in Vietnam is officially May 7th every year as that is the day the American Government declared the “conflict” over. I believe the race to the rooftop over at the US Embassy was April 30, 1975 but I do know some of my friends in Air America were still over at Tan Son Nhut packing up PC-6s for transport out to Taiwan on the 7th when the NVA showed up.

Posted in All about Veterans, Fed. Cir. & Supreme Ct. | Tagged , , , , , , , , , , , | 5 Comments

SUPREMES TO HEAR BYRON CASE?

Wouldn’t this be a kick in the butt? Member J.A. Vet sent this tidbit this afternoon about the CAVC’s propensity to get out the Pontius Pilate water and wash their hands of all decisions requiring an actual decision based on the facts and rather concentrate on letting the BVA do that. This provokes the much discussed hamster wheel effect. It would be refreshing and speed up justice immeasurably if the Supremes decided that the Court not only has but should exert more energy in deciding rather than remanding decisions. Reversals would be just dandy, too.

Ponzio Pilato Year 1962 Directors Gian Paolo Callegari and Irving Rapper Jean Marais

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Another fine Navy photo

What an awesome photo to enjoy this chilly weekend.  The image was taken on New Year’s Eve (2011) on the aircraft carrier, the USS Abraham Lincoln, deployed in the Pacific.  This visual post is intended to express our collective solidarity with the Blue Water  Navy Vietnam veterans whose plight Nod has recently called attention to.  The VA’s decision to deny these claims is bolstered by an IOM report (free download) which is actually neutral and inconclusive on the matter.   But your influence counts so do email your elected representatives soon and ask for equal treatment for these veterans!

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BVA–SECOND REMAND

FROM THE HAVE-A-TAMPA

FORT FUMBLE IN FLORIDA

Nothing like justice steeped in the teapot of time. This, from Pete Vet’s 2005 denial, is a continuing example of an ongoing crime. Read through it and you will see the fingerprints of delay and deny. He deserves Sainthood like his namesake for putting up with this injustice for so long. Wisely, he has employed Dan Krasnegor to be his leagle beagle.

How can your decision, based on all the facts, escape the AOJ and head off to Vermin Ave. in a decidedly incomplete format? Remember all those mythical signatures they talked of in Leroy Macklem’s mishap? Why would one of the VA’s finest RSVRs, who pride themselves on completeness, strict enforcement of M21, and a thorough knowledge of rating principles, allow the cat out of the bag not once but twice without checking to see if everything was accounted for? The short answer is that that much-vaunted 86% accuracy number has the decimal in the wrong place.

In view of this evidence, it appears that the Veteran does have risk factors for hepatitis C, but the evidence is somewhat ambiguous and inconsistent as to the exact factors and number of instances of the factors. Along these lines, the June 2012 VA examiner noted that the Veteran’s sexual history before, during, and after service is not known, and that the extent of his drug use prior to, during, and after service is not fully known and there is conflicting information as to the nature and extent of the drug use. In September 2012, the Veteran’s representative indicated that the Veteran is willing and able to provide whatever detail an examiner would need to more fully understand his history. Consequently, as a medical opinion based on a complete and accurate history has not yet been provided, the Board finds it necessary to again remand the claim to allow for the AOJ to schedule the Veteran for another VA examination in connection with this claim. In addition to a medical examination, a detailed history should be taken as to the Veteran’s risk factors for hepatitis C and an opinion should be provided as to whether the Veteran has hepatitis C that is attributable to his active military service.

Hmmm. And the reason the Petester was not handed a Risk Factors Questionnaire is…?  Does anyone see a pattern here? How are we to ever attain 125-day ratings with a 98% accuracy rate when a Veteran-any Veteran-is forced to wait seven years (including two remands) for the rocket boys at St. Pete’s puzzle palace to “construe” the need for a definitive history of Pete’s drug and sexual history in order to make an informed denial?  Why is it necessary for someone with a juris doctor’s degree to illuminate this glaring lack of evidence- damning or exculpatory?

This wouldn’t be so aggravating if it were the exception rather than the rule. Take the first one hundred decisions in any given year for any disease/injury and peruse them. Invariably you will find decisions predicated on absence of evidence being transposed into negative evidence, an affirmation of smoking left-handed tobacco that morphs into all manner of illicit drug use, and a marked propensity to characterize the Vet’s lay testimony as worthless or bordering on incredible.  Peter Vet is tarred and feathered here for his testimony that he never had a tattoo. If I’d taken India ink and tortured myself with a sewing needle when I was 12, I might not characterize it as a true, professional tattoo. Here, VA uses it as a springboard to prove he can’t be trusted to take out the trash.

As to tattoos, the Veteran has generally denied having a tattoo. Nevertheless, his September 1969 entrance examination notes that he had a tattoo on his right arm. At a June 2012 VA examination, the Veteran stated that he put the tattoo on himself when he was 12 years old.

Guilty, your honor. I lied. Mea culpa. Through my fault, through my fault  through my most grievous fault…

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VA examiner doing what he does best.

We certainly wish Peter Pumpkin eater the best in his travails. If the VA is as nonadversarial as they tout themselves to be, the fact that he was in the service from 1969-72 and cleaning blood out of choppers sounds remarkably similar to someone who might have been in Vietnam. Given that those poor, unfortunate souls are 67% more likely to have HCV than their counterparts who served in Europe or stateside, the benefit of the doubt might be for application here-but never will.

Posted in BvA HCV decisions, Jetgun BvA Decisions | Tagged , , , , , , , , , , , , , , , , | 7 Comments

BVA–HCV WAS NOT DISCOVERED UNTIL 1989

Having read every decision on HCV ever published by the BVA, I finally find one that incongruously declares (finally) that a Vet cannot declare he had HCV diagnosed prior to 1991. Keep in mind that I have read about 10,000 that point out with a straight face that there is no evidence of HCV in the Vet’s contemporary service medical records dating to the 60s-80s. For all these years I labored under the misconception that VA was unaware that Dr. Edwin Southern  discovered this in 1989. Apparently VA is more than aware of it but professes ignorance on the subject whenever it will benefit the denial:

 The Board finds one aspect of the Veteran’s statements to be not credible. Specifically, the Veteran contends that the Red Cross told him (in 1971) that he could not give blood because he had hepatitis C. The Board notes that the hepatitis C virus was not even discovered until the 1980s; it was not properly identified until 1989; and the screening process that made it possible to detect the hepatitis C virus in blood samples was not developed until 1991.

I find this almost too large a pill to swallow. In the next few days I’ll try to follow this with hundreds of others hopefully authored by this very same VLJ-J.A. Markey. How would one extricate himself from that sticky wicket? “Well, all Veterans have different circumstances and this is not a precedent-setting adjudication. Circumstances vary from one Vet to the next so this cannot be used as a definitive vehicle for all other similarly situated individuals.”

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Sir Edwin Southern, M.D.( molecular Bilologist and our patron saint.)

P.S. I love search engines. Here we go J.A, Markey and Hepatitis C:

http://www.va.gov/vetapp12/Files5/1230431.txt

http://www.va.gov/vetapp12/Files5/1234003.txt

http://www.va.gov/vetapp12/Files1/1206456.txt

http://www.va.gov/vetapp12/Files1/1202611.txt

http://www.va.gov/vetapp12/Files4/1225677.txt (This one contains an error of law.)

A separate compensable rating for the Veteran’s hepatitis C associated with his service-connected status-post liver transplant is prohibited because it would constitute pyramiding of benefits under the Rating Schedule.

Most of these were remands so there is no smoking gun on Markey. However, the same cannot be said for the other 59 VLJs and the horde of AVLJs. Actually, one of the above recognizes what he espoused in the claim I discussed above which illustrates he is conversant with the disease etiology. Who woulda thunk it?

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ASKNOD BOOK ON YOUTUBE

Gez, I paid for this almost a year ago and they finally got it right. At first the soldier was saluting with his left arm. It took six months to fix that. Enjoy. Leave comments to help others if you got anything positive out of the book. I’d appreciate it. I only need another $5,915.40 to break even and start donating the profit to HCVets. I received my first quarterly check for royalties in the sum of $85.60 just before Christmas and immediately rushed out and  squandered it on auto registration. You can’t take the checks to the bank without an up-to-date license plate.

http://www.youtube.com/watch?v=1Cts2qhKAJ8

http://www.dailymotion.com/video/54124826#.UOiS-G9X1QQ  (very slow)

http://www.metacafe.com/watch/9612922/veterans_administration_claims_by_asknod

Please spread the word if you would. In my demented view of the world, I envision everyone who applies for SC winning without my book. Since that is a pipe dream, I’ll go with the precepts of the book, assume VA is intransigent and will never change.

Cover

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BVA–§1151 FOR INTERFERON TREATMENT

FROM THE WE DON’T

SMOKE POT IN MUSKOGEE

VARO (YET).

The Vet went into this one with eyes wide shut. Any attack on VA via an §1151 is going to be right up there with CUE. VA will have lawyers tripping over each other trying to blow this out of the water. Regardless of how guilty they are, they’ll never admit to anything. Look at me.

The smart money says a NVLSP law dog can sniff something out to get a JMR on. Whether he/she can pull it out depends on some serious legal and medical work. One thing is for sure. Any Vet attempting this on his own pro se is doomed.

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Just as there was a slow uptick in HCV claims since their documentation via BVA decisions, so too is there a growing body of claims for all the horrendous side effects of Interferon. Blindness, Cryoglobulinemia, pruritis, DM 2 and the list goes on. Doctors were well aware of this since 1988 but their insatiable quest for a cure has taken a toll on the participants who were led to the slaughter.

No wonder there’s no funds for Vets’ compensation. Look at these buildings they erect to serve us in. I say sell them all and lease something more modest and unassuming. This makes VA look like they came into new money (they did) at our expense (exactly). Call it the Orlando Syndrome.

Posted in 1151 claims, BvA HCV decisions | Tagged , , , , , , , , , , , , , , , , | 5 Comments