G-rated humor 2

twinkie

Misc. silliness from the around the Web.

Questions without answers

  • If people from Poland are called Poles, why aren’t people from Holland called Holes?
  • Would a fly without wings be called a walk?
  • Why is “abbreviation” such a long word?

Puns

  • I was arrested after my therapist suggested I take something for my kleptomania.
  • “She was bred in old Kentucky, but she’s just a crumb up here.”
  • Greengrocers earn a meager celery, come home beet and just want to read the pepper, take a leek, turnip the covers endive into bed.
  • Sometimes I wake up grumpy; other times I let her sleep.

Jokes

  • I just got back from a pleasure trip. I took my mother-in-law to the airport.
  • My wife and I have the secret to making a marriage last. Two times a week, we go to a nice restaurant, a little wine, good food….. She goes Tuesdays, I go Fridays.

Henny Youngman

  • My grandmother started walking five miles a day when she was sixty. She’s ninety-seven now, and we don’t know where the hell she is.

Ellen DeGeneres

  • What does an agnostic dyslexic insomniac do?  Stays up all night wondering if there’s a dog.

?

Posted in Guest authors, Humor | Tagged , , , , , | Leave a comment

WEEKEND WARRIOR WINS $2 MIL IN USERRA CASE

imagesizer

This is one of those perfect “”I’ll be home with the new job and a back check for $2 mil for Christmas” stories.

Meet Sgt. Maj. Richard Erickson, weekend warrior extraordinary. Rich isn’t your run of the mill groundpounder. He’s Special Forces. He worked for the USPS for a number of years  while doing his deployments for the 1990 Iraqistanan  Winter Olympics. In 2000, the PO got PO’d and told him not to come back. He’d been playing Army too much and they didn’t cotton to that. With nothing better to do, he bailed and reenlisted with a Special Forces outfit for some more face time with Al Quaeda. Then came 9/11.  This pretty much ensured he’d be employed full time for a while and he was.

During this time Rich managed to rack up 35 medals including three combat valor awards and a Purple Nurple. In addition, he continued his fight with the PO for his old job and kept winning on Appeal. Just as adamantly, the USPS kept on appealing and losing. Finally, the judge from the Merit System Protection Board ruled in his favor (again). In all likelyhood, the USPS will piss away some more of our tax dollars continuing a futile fight.

Back in the good old days, when you were forced by the draft to enlist, the government enacted USERRA- the Uniformed Services Employment and Re-Employment Rights Act- that guaranteed you got your job back when you got back. This assumed you still had all your fingers and toes. The Act applied to both the government and private industry and many were the Vets who came back to their old jobs after World War Two. This is what makes this case so strange.

Sgt. Major Erikson stands ready to resume his employ with those who brave the sleet and snow and dark of night. He’s also looking forward to that big paycheck they’ve been holding back for twelve years. Whoaaaaaaaaaaaaah! Sounds like some other government agency has been hanging around 810 Vermin Ave. NW and learning the ropes.

images

Posted in Veterans Law | Tagged , , , , , , , , | 3 Comments

BVA–GOLDMINE

Here’s an ultra-clean jetgun win from Pittsburgh. What disturbs me is the VA examiner gave it to him and it still ended up in an appeal. What does it take? They refuse to grant from the ROs on these yet they win at the BVA. This one is particularly sweet in that the VA C&P doctor came down on the Vet’s side and we get a valuable cite from Vaccine Weekly to use

It is this examiner’s opinion that the [V]eteran’s hepatitis C is at least as likely as not a result of the use of the automatic injection devices used for immunizations during military service. Given the fact that hepatitis C generally takes 20-30 years to induce liver cirrhosis, this fits in with the time period in which the [V]eteran underwent the jet injector administration of immunizations that were employed by the military for mass immunization during his service time. The examiner additionally cited to a periodical article, “Vaccine Weekly,” which reportedly noted a study that found that small amounts of blood and fluid remained in the jet injector after the injection material was introduced into a patient. The examiner commented that one of the key points of the study was that needleless jet injectors may transfer blood-borne viruses.

Vets can google Vaccine Weekly  or other articles to find the article or similar info.. It would be good ammo in any argument.

Solid nape load all the way across. A1H @ NKP May 1970..

Solid nape load all the way across. A1E @ NKP May 1970.

Posted in Jetgun Claims evidence | Tagged , , , , , , , , , , , , , , , | 4 Comments

VA AS SANTA CLAUS

Over the years I have had occasion to listen to Vets expound on the theory of all things VA. From VSOs to veteran Veterans, I often hear one common thread. “You’d better watch out. You’d better not pout. You’d better not over-file or your claim’ll sink to the bottom of the pile”.

If this were true, I’d still be waiting for my computer. When I filed this last time out, my Purple Heart Rep finally explained how it works. First of all, I would never get SC for the Hep. Tattoos were willful misconduct. Ding dong. Who’s there? No tattoos. As for the PCT? Sorry. Nobody wins Agent Orange claims forty years later. The smart money was to take the Tinnitus for 10% and go home.

The DAV rep in 1992 was similarly enthusiastic. Getting 0% for hearing (left ear only) and tinnitus was phenomenal luck. The smart money said to lie low and come back for an increase to 10% for the ear ring in ten years. We (he) didn’t want to be seen as greedy.

Where did this idiocy begin? It flows from VSOs. For some inane reason they are loathe to go after VA for any serious money once they strike gold. I can’t tell you how many Vets I’ve talked to down at the VAMC in waiting rooms who voice this same sentiment  “My VSO says we’re gonna go for the final push (TDIU) in 2014. He thinks he can swing it ’cause he knows the rater pretty good”. When filing a claim or filing for an increase in your rating, the operable concept is degree of disability, not whether VA will view it favorably. VSOs can’t seem to get this through their heads. VA’s propensity to deny, lowball and ignore you is legend. Waiting several years until they are having a good hair day is not going to improve your odds.

In my book, I get rather obnoxious on the tactical pursuit of claims. No territory in a military venture was ever taken by a static, defensive posture. Going on the attack is what they (VA) do. Emulating their methods puts them at a strategic disadvantage. An Army general (and I’m not sure who) summed it up when he surmised that a soldier shooting over his shoulder at you while running away wasn’t nearly as accurate as the advancing one shooting at his broad, exposed back.

Pursuing a claim at the VA should not be done with a Caspar Milquetoast mentality. By the same token, you can’t throw hand grenades and question whether the VA examiner was raised by pygmy wolves Down Under. Striking a balance while being aggressive is a  fine line to hew to. When errors are discovered, they should be pointed out buttressed by the appropriate regulation(s) and statutes. When it appears the Examiner or rater is simply being narrow-minded in their interpretation of, say DM2, and demanding an exact set of criteria for an increase to 40%, it’s better to revert to the precepts of §4.7 and §4.21 rather than write him/her and tell them things you know will cause hard feelings.

From what I read in the VAOIG November 2012 report, yelling at them can bring unwanted attention.

_______________________________________

I apologize. Apparently I pushed Publish instead of Save Draft.

_____________________________________—-

Now, where was I? VA, as an agency of government, has way too much on the table and too little in the computer. It’s an example of what the insurance business becomes when the government gets involved and then fails to modernize. Being able to collate it all and assemble a coherent, accurate picture is where VA will always fall short. They’ll eventually reach that proficiency but the learning curve is pretty steep at the moment and denial has five phases. Amtrak and the US Post Office are similar examples.

Trying to be nice right now will get you nothing but a lump of “Your claim is expected to be accomplished by April 5th, 2014”.   Similarly, being naughty, obnoxious and overbearing is not going to hurt you unless you exceed the above-mentioned bounds of propriety. VA may at one time have buffaloed a lot of VSOs and Vets into toeing the line and being submissive. Much like the dial telephone, those days are gone. The internet and Veterans Help sites have illuminated the process and exposed all the fallacies. The modern day VA Santa has metamorphozioded into more of a scrooge-if he ever was a Santa.

Member Randy and I have been trying to unravel VA’s latest largesse where they awarded him TDIU and then start chipping away his old back/leg injuries claims down from 40% to 20% and 20% to 10% respectively. The Merry Christmas/Happy holidays cheerful news, as they pointed out of course, was that this would not result in a loss of benefits $. Being’s as he’s now TDIU at 100%, the other ratings reductions will have no monetary effect on his monthly compensation amount.  That’s exactly what they said. What they fail to mention, like a used car salesman, is that this will also detract from his ability to reach the next pinnacle of Special Monthly Compensation (SMC) Table “S”. There are other tables that apply as well-most especially when you begin to lose the use of your lower extremities.

 .

(4) Additional independent 100 percent ratings. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above additional single permanent disability independently ratable at 100 percent apart from any consideration of individual unemployability will afford entitlement to the next higher statutory rate under 38 U.S.C. 1114 or if already entitled to an intermediate rate to the next higher intermediate rate, but in no event higher than the rate for (o). In the application of this subparagraph the single permanent disability independently ratable at 100 percent must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above.

I think Randy has observed the Take No Prisoners approach to claims filing after a few years. TDIU with hepatitis should be a stepping stone to 100% schedular. Once again, VA has neglected its Santa role and assumed the Santa Clause role. Read the SMC’s and you will see that if you have two (2) deux 100% ratings you move up on the pay scale to SMC (L). That’s $3,601.00/month- up from the $2,924.00  that VA insists is the TDIU ceiling.

Without Children, SMC-L through SMC-N

Dependent Status

L

L 1/2

M

M 1/2

N

Veteran Alone $3,446 $3,624 $3,803 $4,064 $4,326
Veteran with Spouse $3,601 $3,779 $3,958 $4,219 $4,481
Veteran with Spouse and One Parent $3,725 $3,903 $4,082 $4,346 $4,605
Veteran with Spouse and Two Parents $3,849 $4,027 $4,206 $4,467 $4,729
Veteran with One Parent $3,570 $3,748 $3,927 $4,188 $4,450
Veteran with Two Parents $3,694 $3,872 $4,051 $4,312 $4,574
Additional Aid and Attendance (A/A) spouse. See footnote (b) $141 $141 $141 $141 $141 

This isn’t double dipping. I don’t encourage cheating  as all here know. I point out what is legal and legitimate. Many of you gave to your Country and this same Santa that purports to be your Guarantor of Benefits gets to pick and choose what they will divulge willingly and what they won’t concerning what you  are entitled to. Lord knows, they beat you to death with their lips when they deny you and now they suddenly become mum when the payout begins- or worse- start rescinding what they’ve already given you? I have a medical news flash for VA. 60 year old guys with bad backs don’t suddenly start getting better as they get older with full-blown HCV. Only in VAville.

Veterans should not have to bow and be submissive to get these benefits. They should not expect to be kept in the dark, or worse, led to believe this will not have monetary implications. I have said repeatedly that these fellows are semantically gifted. Who else could come up with a tortured phrase like ” The VA examiner opined that it is not at least as likely as not that the injury Billybob  Halfrack currently suffers from is service-connected.” Yo ho ho, dude.

Now, here’s a winner. In order to make the good Senator realize that VA is Santa personified, here’s how they approached the explanation for the denial of my greenhouse. I point to the “Mr. NOD is currently receiving monthly compensation benefits of (OMG) Two Thousand Nine Hundred and Twenty Four tax-free dollars” and has been since March April of 2007 (remember that when you die, they still owe you that first month they never paid you for). I’m not asking for a second greenhouse. The one I have doesn’t even belong to me.

VA response

The concept of a munificent VASanta is much like God. I’m sure he exists but I’ve just never seen or met him.

no santa

Posted in Tips and Tricks | Tagged , , , , , , , | 4 Comments

VAOIG–POLICE BLOTTER

This is better than that blurb they put in the local paper telling you who did what in your town. The “town” here is VAville. Some of these highlights are towards the bottom. Apparently there are others who find VA heavy-handed, mean, vindictive and rather overbearing. Some of the better ones:

Veteran Arrested for Making Threat To Kill National Guard Major General
A Veteran was arrested by OIG and the FBI after threatening to kill a Major General of the U.S. Army National Guard. During a compensation and pension appointment with a VAMC psychologist, the defendant discussed a detailed plan to assassinate the Major General at a retirement ceremony. The Veteran is currently being held without bond pending trial.

Probably a wise decision.

Veteran Arrested For Threatening To Shoot Montgomery, Alabama, Vocational Rehabilitation Counselor

A Veteran was arrested for making threats after an OIG, Federal Protective Service (FPS), and local police investigation revealed that he threatened to shoot a vocational rehabilitation counselor at the Montgomery, AL, VA Regional Office (VARO). The defendant made the threat after being told that the counselor needed to review his file and that he needed a “Plan of Service” before the counselor could authorize a computer software purchase.

Funny. I never saw a “Plan of Service” on my greenhouse request. Maybe that’s what I did wrong.

Veteran Indicted for Threat To Kill a Montgomery, Alabama, VAMC Physician

A Veteran was arrested and subsequently indicted for intimidating a Federal employee engaged in his official duties. An OIG and local sheriff’s office investigation revealed that the defendant threatened to return to the Montgomery, AL, VAMC and kill a VA physician and everyone else who entered the medical center. During a search incident, OIG agents and the local officers seized a rifle, shotgun, and two handguns.

It’s never a good idea to vocalize your displeasure with the quality of care you receive at a VAMC.

Veteran Arrested for Threat To Kill Dothan, Alabama, CBOC Employee and Others

A Veteran was arrested after an OIG and local police investigation determined that during a telephone conversation with a Dothan, AL, CBOC employee, the Veteran threatened to use his handgun to kill the employee along with 42 other people. The initial law enforcement contact with the Veteran resulted in a 2-hour standoff as the Veteran barricaded himself in his residence with a firearm. The defendant was subsequently subdued and arrested without incident after he attempted to flee from officers. He is currently being held without bond pending judicial action.

This one confused me. How can you barricade yourself and simultaneously flee from officers if the SWAT team has you surrounded?

Veteran Arrested for Threats to New York, New York, Vocational Rehabilitation Counselor

A Veteran was arrested for aggravated harassment after an OIG, FPS, and local police investigation determined that she threatened to cause bodily harm to a New York, NY, vocational rehabilitation counselor. On a voicemail recording to the victim and during a subsequent conversation with a service organization officer, the defendant stated that she was going to harm the counselor at the VARO or outside of the facility.

This is the only one I’d take seriously. She probably refueled the Expedition and was going to mow the VOC REHAB dude down. When a woman tells you ahead of time on a voice mail what the game plan is, you’d better take precautions.

Well, there you go. A nefarious bunch or ne’er do wells, these Veterans. All in all, it was almost a wash as to whether VAMC employees engaged in more criminal acts than Veterans. At least we can sleep at night knowing our OIG is cutting a swath through crime to the tune of many millions of dollars while saving us all several hundred thousand. One other disturbing trend that is becoming evident is that no matter how many reports of VA medical errors committed at VAMC s, the OIG remarkably always comes to the same conclusion that “it could not be substantiated.” As in, even though Billy Bob Sixpack complained that the VA surgeon cut off the wrong foot, it could not be substantiated that an error had occurred”.  Or this one from the report:

OIG did not substantiate that a patient with dementia, who
was deemed to have decision making capacity regarding where he wanted to live, was held against his will for an extended period of time. The Interdisciplinary Treatment Team made efforts to address the complicated medical, ethical, and legal considerations that delayed the patient’s discharge to a Florida assisted care facility. OIG could neither confirm nor refute the validity of the patient’s DPAHC. Due to a lack of medical record documentation, a Regional Counsel attorney was unable to determine whether the document was legally executed. However, during most of the patient’s nearly 3-year stay at the facility, the son was the patient’s recognized health care agent by both facility staff and other family members. OIG confirmed that facility leaders did not appear to respond to clinicians’ requests for assistance.

Yep. The son screwed up. He spent three years complaining to the doctors trying to spring his dad and the OIG cannot “substantiate” it. Nevertheless, the kid was in charge and should have smuggled him out if he felt Dad was being held against his will. Chances are we’d sure have heard all about how that one was substantiated as kidnapping had he succeeded.

images

Posted in VAOIG Watchdogs | Tagged , , , , , , | 1 Comment

LEGIONNAIRES DISEASE IN PITTSBURG

I just got this in from Veteransclaims Blog site. How can you screw up the water supply in a building? It comes in from the street in a sealed system. It comes out of the faucet. Where’s the contamination?

Posted in All about Veterans, vA news | Tagged , , , , | 1 Comment

Mental Illness

candles

The massacre at Sandy Hook Elementary School will weigh on our minds for a long time.   No words are adequate to describe the horror and trauma of this cruel insanity against defenseless precious children and their caregivers.  Nod’s own son was the victim of a mentally ill shooter this year.  The shooter’s mother could not get adequate help for her disturbed daughter.

I’ve read different articles about the Newtown massacre; this one seems to reflect some of the discussions about mental illness and trauma that take place here:

 http://www.huffingtonpost.com/2012/12/16/i-am-adam-lanzas-mother-mental-illness-conversation_n_2311009.html

There is no justification for our society to not do everything possible to help mentally ill people and support their families.  We can’t go on ignoring, stigmatizing or using the band-aid approach to mental health care.

We care deeply about the Newtown victims and their loved ones.  We don’t know how to comfort them from afar but they are in our prayers.  What can we do? We can promise to continue to speak up for a just society that provides compassionate care for all mentally ill persons so that they won’t hurt or kill others or themselves.  We promise not to forget you, dear little children.

Posted in General Messages, Guest authors | Tagged , , , , | Leave a comment

BVA–BLADDER CANCER AS DUE TO AO OR DIESEL

I was sent this via several attorneys as though it was the Holy Grail. I disagree. This is nothing more than the BVA caving in when the VARO failed to mount a defense. The RO failed to even address the contentions of Johnny Vet. They gave it the circular file treatment for one reason only. Bladder cancer wasn’t on the §3.309(e) list and they thought there was no need to get serious. Any argument based on a direct basis wasn’t even considered. In a word, they were lazy.

When the case hit DC, it was apparent that the only ones supplying rebuttable evidence were the Vet and his agents A. Ray Martin and Robert D. Ford. You’ll see where the BVA do the traditional “Sorry, dude but other BVA cases hold no precedent here so don’t bother submitting them”. Little traction was gained there. What is important is the mountain of evidence and the nexus letters they submitted in their defense. This is the meat of any claim’s success and why I pass this on.

It (BVA decisions) hardly constitutes meaningful or useful evidence in a defense concerning any of you, but it is a valuable bookmark for any who suffer identical circumstances. This is where many ignore what we discover and publish here. The elements to winning a claim are many. General evidence will always need to be supplanted with a good nexus. Good meaning well-reasoned nexus letters able to stand up to critical examination are a must.

An example is what I received yesterday from member Leigh in her long running battle to win SC for her Hep. She’s now on liver #2 and she’s seven years younger than me. The VA examiner stated:

VA examiner opined(sic), after review of your claims file, to include the evidence listed above there are no studies available showing any scientific evidence (sic), “it is less likely than not likely(sic) that her current condition of hepatitis c is a result of being inoculated with a jet gun”.

Here is the mistake. While it is accepted that Hepatitis C has not been documented as being  transmitted via a jetgun, this is not definitive evidence it cannot happen. If you (Veterans) never fly to the moon in a DeLorean, that is not conclusive proof that it is impossible. What this “examiner” failed to include in this statement is that it is plausible. Plausible means that it could happen. By not stating the plausible theory, the VA’s nexus is not probative and will not stand up on appeal. It’s wobbly. Besides the tortured, butchered English, the legal supposition is compromised from the outset. The 2004 FAST letter we are told of frequently still carries some weight and should not be discarded out of hand. A VLJ earlier this year dragged it out and granted based on the same set of circumstances-that it is plausible. The RO failed to mention this and the Vet wisely did. As long as it is accompanied by a well- rationalized nexus, it is a probative tool to win with.

Our Philadelphia Vet here wins because his evidence is far more probative than the limp-wristed attempts of his RO to deny him. That is why he prevailed. It helps to have good legal help but absent the facts that qualified him (a buddy letter saying he “stepped foot” (sic) in Vietnam), he wouldn’t have gotten to first base. Secondly, without a concise nexus letter that ruled out alien abduction and all other extraneous post-service risks, he would have done a face plant too. Winning is often accomplished by getting all the evidence under one roof. Getting it all there at the same time seems to be Leigh’s problem. She has two dynamite nexus letters from her transplant doctor and Dr. Cecil yet they are nowhere to be found in the adjudication or evidence section. That’s how sloppy VA is. For that reason we nominate the Baltimore VARO also known as the Star Spangled Banner Regional Office the dubious distinction of the “What? Me worry about the decision?” award.

imagesae neuman

Posted in BvA Decisions | Tagged , , , , , , , , | 3 Comments

HIDDEN VALLEY OR NOT IT!

Hidden Valley

In the ages old game of Not It!, the last person tagged is “it” until he/she can tag someone anew and shout the same. Take that to an adult level and you have government.

South Dakota Squidley writes me with a cogent observation. What if? I concur with him. This isn’t like being a little bit pregnant. This is Not it! in its superlative form. What if VA actually succeeds in getting claims out the door in 125 days by 2015? Forget the abysmal accuracy (VA claims 86% vs. CAVC remand rate of 60+%) and just imagine the consequences. Alright, back up and imagine even more appeals filings in light of the aforementioned inevitability of error-prone decisions.

Here’s the sad, unvarnished truth. Of 1,250,000 claims adjudicated in a recent year, 60,000+ are going on to appeal. We know of the “Hidden Valley” closet down at the VARO where your claims cool off for a year after receipt of the Form 9 before being boxed up and FEDEX’d® to 810 Vermin Avenue. This is, of course, the invocation of the FORM 8 and the fabled “Laying On Of Hands” to move it to the mail room. . Having now been CERTIFIED as substantive, the claim proceeds on to mildew in Washington DC for a year in their in-box. Pray for no remands or that timeline flies out the window.

Squidley, formerly an employee of the Canoe Club, is on to something as I said. More Vets filing equals more Vets appealing. More Vets appealing means more claims piling up in the Hidden Valley. After they escape that, they’ll just pile up higher at the BVA. The VARO guys are just playing Not It! with the BVA. More claims out the door, right or wrong means more work for the tired, overworked, under-martinied VL Judges with golfer’s elbow.

In 1961, twenty Boards of three judges were authorized with each having a Judge/doctor who could make medical decisions on-site. In 1988, with the passage of the VJRA, Congress withdrew the power of the stethoscope from the Boards. No longer were they allowed to opine on your Hep.  Although they quit hiring doctors with a juris doctor minor, they haven’t gotten that memo yet but that’s a story for another day. In 1994, the backlog started to grow. Vietnam was coming home to roost.  VASEC abruptly redefined a “Veterans Board of Appeals” (plural) to consist of 1 (uno) (single) one judge each. All of a sudden there were 60 Boards. This was a bigger hat trick that Jesus doing the Loaves of Bread with Anne Greensprings.

Anne

Everything went swimmingly until  larger numbers of Vets started showing up who keep getting clobbered in these War games. VA continued to plod along at their usual tortoise pace blithely unaware that another tsunami was fast approaching. The BVA, being very innovative, started investing some of their senior legal deniers with the exalted title of Acting Veterans Law Judges. They were allowed to do this for 90 days at a stretch, or simply grab a claim out of the basket and run with it. The only problem is they take the one on top. If it’s a humdinger with tons of medical jive in it, he/she stands a good chance of blowing the call. The obverse is true, too. That’s how we got that first jetgun claim in 2004. I’m sure that unlucky fellow moved on when the bonuses and achievement awards dried up. The VASEC put a note on the Bulletin Board and said “We’ll have no more of that nonsense.”

Moving on to 2013, 14 and 15, Squid calls it as even on the time to adjudicate. The claims will sit in some new limbo. Did I forget to mention the other closet? How about all you folks (me included) who opted for the DRO review? Foolishly thinking the VA might revisit your claim with compassion, they simply re-deny-but-but you lose a year minimum. This is yet another convenient waiting room before you even get to the Form 9 waiting room.

Your claim will eventually be denied in a shorter time as VA measures it. Accuracy is assuredly going to go down. Remember haste makes waste? VA will probably have an acronym to cover that contingency. It will be reviewed a few more times at the RO the old-fashioned way but this will now be post-125-day limit. After the original, magic goal of four months and five days has transpired, they can revert to form and start filing in the Hidden Valley again. Try to remember that VA uses semantics the same way they do everything. Absent any compelling language from the Under Secretary for Denials Allyson “the Chipmunk” Hickey, they are free to take another three years playing tiddlywinks with your claim before handing it off to the BVA.

Unfortunately all the delays in the world are not going to change the number of the judges. They are still invested with the same sixty. Even assuming every Leagle Beagle in the house was capable of strapping on the  “Acting”mantle, there would be no staff attorneys left to flesh out the denials. The bottleneck has just reappeared down the line. Moreover, with an ever-increasing number of vets demanding a do over, the numbers and delays will simply increase at this level. Note also that this doesn’t envision even more yet, nor does the head Chipmunk mention any delays other than the one specific instance of an initial filing decision. Once that 125-day hurtle is semantically surmounted, it’s back to the 2 year grind to a SOC.

Vets email me and say “Well, thank goodness they’re finally going to deal with this backlog problem.” Newsflash. Nothing will change. You’ll get in line and they’ll be handing out denials a week later at the other end. The longer, more protracted denial you are more familiar with will then commence.

The last lump in the python is the CAVC. In 1991, with the same number of judges, they issued 118 cutting edge decisions including Shafrath and Wilson. By contrast, our esteemed Court of eight currently has an unparalleled Not It! sum of seventeen (yeppers, count ’em) under their belt. When the new group of Vets arrives with $50 in hand seeking to fix VA’s screwups, the final phase of yet a new Hidden Valley will begin. It’s a good thing they’re all going to Electronic files. They’re running out of places to hide them.

"Now which one of these do you think you put Jim Smith's evidence in, anyway?"

 

The above is Winston Salem’s Hidden Valley on the sixth floor. Here’s The CAVC’s :

CAVC efiles

Posted in VA BACKLOG | Tagged , , , , , | 4 Comments

MORE INFORMAL CLAIMS INFO

I have received even more mail on the subject of what constitutes an informal claim in the last several days. One thing I note is the importance of having expressed or evinced somehow in writing that you desired to file. Once announced the ball would be in VA’s court to act on it. Failure to do so would not abrogate their responsibility to contact you with the appropriate forms or assistance in filing. A case in point.

I had seen all the news on TV in the early nineties (approx. 1991) about Agent Orange. They encouraged Vietnam Vets to get tested. Nothing was said about filing but that goes hand in glove with lab results indicating a problem. I had been diagnosed with PCT and the doctor wasn’t sure about its cause. It was 50-50 as to the Hepatitis (I thought I had B) or Agent Orange. This was also before Caluza v. Brown (1994) and the need for a nexus letter.

I called up and got an appointment for Sept. 21, 1993 and arrived on time. I got the deer in the headlights look from Nurse L. Casey. What appointment? Nevertheless, they ran me through all the lab work, EEG, etc. and promised as the VA always does to make me an appointment soon. Very soon…

Since I never heard back, I opted to file in March 1994, approximately six months later. I will be petitioning for this as my earliest effective date. The following documents show two things. I showed up and evinced a desire to file for any and all claims associated with my disease and my blood labs clearly show something amiss in my Liver Function Tests.

Just for the record, if I had not filed within a year, my claim for an informal interpretation of this would not be valid. The VA built an escape hatch into it with the one-year provision.

AO file

2012-12-15 141737

Obviously this page wasn’t filled out because they never called me back for an exam. I found this stuff when I went in to the ROI office the first time in 2008. Surprised would be a masterpiece of understatement. I had no idea they still had this.

AO Registry  2

And the LFT evidence:

AO registry blood 2

It’s not important that the AST/ALT weren’t off the map here. I have a 1987 test showing 187 on ALT and another in 1992 with 230.

This is the kind of evidence they will demand of you. The best way to attack it in my mind is to win your claim first and then go back and say Yeah. But what about this? They may go back and do a Fenderson staged rating on it if there is enough medical evidence, too. I have never been able to predict what will happen on these EED claims. The informal attack is always difficult and VA will raise the specter of failure to show up within a year. You can actually turn that argument upside down if you point out that you did due diligence and they dropped the ball afterwards. Based on that, some have won up at the CAVC. Never accept the hokey excuse proffered by VASEC and the gang. They don’t have any desire to pay you a dime. Going back to 1993 is right out in their play book. Expect a fight. I am.

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