US ARMY–LOST RECORDS AGAIN

Gee. And here we thought they might have learned something after the wonderful record-keeping we had in Vietnam. Well, actually they did. They learned it’s far better to lose them or just not even bother to create them in the first place. Lost or nonexistent records makes for happy raters. Happy raters mean happy claims…

Robert G shares this with us.

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VA PAPERLESS CLAIMS UPDATE

This just in from the vA Central office. Va has just purchased 5 of these nifty Binford® commercial paperless claims processing devices for each VARO. Simply enter the claims in at the top and hit the power button. Eco-green friendly and accepts left, right and center sections at the same time for fast processing. Going paperless has never been so easy. VA hopes to eventually be able to shred  upload as many as 14,000 files a day and reach their goal of being C-fileless by 2015. VA assures us there will be no glitches and no files will be lost or misplaced in the destruction transition phaseover. They predict 98% accuracy at converting these into a recyclable product that is landfill friendly.

Binford 9900 claimomatic

 

 Clyde Hopperstad of the Seattle VARO’s mailroom says ” Boy, I sure hope they put one in our office. This will really cut down on our workload. We’ve been trying to get a shre-ah-Efiler installed for years since the OIG took our old one and locked it up. Shoot. No wonder there’s a backlog.”

Posted in Humor, SHREDDERGATE | Tagged , , , , , , | 4 Comments

NEW YOUTUBE LINK TO THE BOOK

Here’s the preliminary for the book on You tube. I had no idea I got this with my package. I also have no idea why they are taking forever to get it to me. Who cares? It’s done.

AskNod’s M-21 for Vets

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BVA–WHAT PART OF “NO” DON’T YOU UNDERSTAND

FROM THE HENRY JAMES FORD MEMORIAL VARO IN DETROIT

Sometimes those funny VLJs just think that the CAVC is funning them. Therefore they feel obligated to fun the CAVC right back. After two “funnings” the BVA finally gets the impression that maybe the Court isn’t “funning” anymore and it requires actual action on their part to find out what will appease them. This time it means they will be required to  remand it down to the AOJ for a physical C&P because they’ve been denying Donny Detroit without the evidence to back it up. Funny how you can deny again and again   based solely on non-evidence.  vA is rapidly finding out nobody’s laughing any more. Time to roll up the sleeves and actually get to work and earn the money. Imagine denying an increase for 9 years and then finally being called on it. Those neanderthals at the Court are just unbearable.

The case has been before the Board on numerous occasions. In February 2008, the Board denied entitlement to the benefit sought. Pursuant to a joint motion for remand (JMR), the U.S. Court of Appeals for Veterans Claims (Court) vacated the Board’s decision and remanded the case for action consistent with its directives in April 2009. The Board re-adjudicated the Veteran’s claim and, after ensuring compliance with the Court’s order, again denied the benefit sought in a June 2010 decision. The Veteran again appealed to the Court, and pursuant to a memorandum decision published in January 2012, the Board’s 2010 decision was vacated. This remand serves to effectuate the Court’s January 2012 order.

The appeal is REMANDED to the RO.

Somehow I suspect a lot of new and material evidence will result in a new rating this time. After spending more than they’ll ever pay out on this over nine years, they are going to finally make it right. The Vet actually outlived the JMRs and the remands! I’d point out too that they cannot rescind this rating as it’s over twenty years old. I’m sure they tried for nine years to find a way around that, though.

The appellant, through his agent, has argued that there is evidence sufficient to trigger the need for VA to obtain an examination. Specifically, the appellant has contended that he had elevated liver enzymes as early as 1976, and that as a biopsy was ordered, there was, at a minimum, some suspicion of active symptoms of liver damage at that time. Further, it was argued that as the Veteran filed a claim in 1978 for his hepatitis, he must have consequently been experiencing some sort of symptomatology at that time. There is an August 2000 VA clinical note which documents abdominal pain that had been ongoing, and there is a mention that such pain is similar to hepatitis-related complaints made in 1995. Despite this, there are virtually no clinical records of hepatitis treatment, save for what has been noted, prior to August 2000.

Oh. That evidence. Oh well, why  didn’t you ask us to look at that evidence before?  We would have if you’d asked. Stupid Vets. They must think we’re mindreaders down here at the RO. Sorry. Gomer. They don’t pay us well enough to hire Kreskin.

Posted in BvA HCV decisions, Veterans Law | Tagged , , , , , , , , , , , , , , | 4 Comments

VAOIG– HOW MUCH IS THAT MISDIAGNOSIS IN THE WINDOW?

I do hope that puppy’s for sale. I love happy endings. This one has all of it.

Vet is told he has pancreatitis (minor, initial workup). Veteran decides to go off the reservation in a big way and enter into major drug abuse to drown his sorrows.

Veteran then calls up the vA and blames it (drug abuse) all on someone telling him that he had pancreatic cancer but that they confused him with another who actually did. So the new life of drug abuse is all vA’s fault. We assume he now seeks remuneration for it.

Meanwhile OIG turns up nothing. No messed up diagnosis. Not even a case of pancreatic cancer on the floor for years. Questions ensue. Every attempt to contact the Veteran and clear up the misunderstanding is met with silence and no return of mail inquiries.

Case closed. Will be reopened if Vet ever calls back or comes back into the VHA system. It’s always a good feeling knowing the Koncerned Keystoned Kops are on it.

810 Vermin Ave.’s finest

Onward through the fog. One Vet at a time.  Hold the presses. This just in!!!

Vet tampers with DD214 and attempts to get money.

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MARRY RON IN SIX MONTHS

Veteran Ralph is lying on his death bed at the VAMC.  He has suffered long with numerous Agent Orange diseases and has fought doggedly for service connection for decades. His wife sits on the edge of the bed holding his hand and gently weeping.

When he feels the last act beginning, he motions for her to lean in closer. She holds her head closer to hear his last wishes.

“Promise me you’ll do something in six months.”

She nods, hanging on his next words.

“Marry Ron in six months after I’m gone”.

Her eyes fly up and she inquires “Ron?. Ron who?”

” Ron Ampe- my DAV service officer.”

She digests this slowly and finally comments:

“But honey. I thought you hated that turkey’s ass.”

With his last, expiring exhale he closes his eyes and says “I do”.

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Throw the VA a “penalty flag”.

You have probably seen the Southwest Airlines Commercials.  They “throw the penalty flag” when competing airlines try to charge customers “bag fees”.

I suggest you likewise “throw the penalty flag” if the VA tries any of these things with you, also.  The VA is not allowed to tackle you with a face mask violation, but don’t be surprised if they try it.

The guys in the striped shirts (the CAVC judges) will throw the penalty flag if the VA tries any of these VA shenanigans to deny you, BUT, have to report this to the judges and ask for a “replay”.  (Appeal)   You are not limited to 2 replays per game.

1.  Do not allow the BVA judges to EVEN “subtly” substitute their own medical opinion for that of a doctor.

2.  Do not allow the VA to interpret your claim too narrowly.

3.  When the Doc says something is “unclear” that does not mean it can be denied, it means the medical opinion needs clarified.    This assumes the worst for the Veteran!

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BVA–BAD MOON RISING

Here’s one of those remands where the BVA is asking for a little more hemp rope to throw over the limb. Watch closely as VLJ Deborah Singleton carefully steps  around all the different types of hepatitis and  artfully rearranges this into several claims. She is trying to adhere to Clemons v. Shinseki but should have her snout in Groves v. Peake. This doesn’t bode well for Paul Revere’s cousin Peter here. He is going to get a whirlwind reception at the QTC when the claim comes back to B-town.

All you need to know is written at the top of the page under “THE ISSUES”. A careful parsing of all the Examiner’s phrases will tease out that he does not have HAV. No one will test him to determine if he has HAV or HBV. They will say very carefully that he does not qualify for an increase in HAV because that is acute and resolved. There goes claim number one. Then they will say he hasn’t given them the nexus for HCV and, of course that is a distinctly different claim. He will not be granted any leniency on the probability that he contracted HCV at the same time he contracted HAV.

Now the reality is that this was probably HBV back when it happened, but you will notice he did not specify that in the claim. Even through they are required to examine all theories of a claim, they will conveniently disremember this so they can arrive at a nuanced denial on just the narrow grounds in the “issues” section. It will be interesting to watch Paul’s plight as this wends it’s way back up to Vermin Avenue. Tragic, yes, but a good learning experience and a teaching moment. Remember this well . It’s called divide and conquer. Divide the claim up into bite-size pieces and demolish each individual facet until, unsupported, it falls of its own weight.

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WGM’S FOOTLOCKER– LAND OF THE MIDNIGHT KIMCHEE

WGM chose this Veterans Day to reminisce about his time “over there”. It doesn’t shock me. This is a rather poignant time when we look back on our service and either relish it, curse it or wonder what possessed us to sign up. Whatever the reason, we can’t rewind and erase. It’s also nice to put a face to a man who bearded the vA in their own den and walked away with 100% P&T. Time for the ILP assault now.

We all looked pretty steely-eyed and dashing back then.

 

 

 

And I thought I had it rough with no air conditioning in my hootch. I never thought I’d say this but I’d take Laos over Korea any day of the week in retrospect. Even two tours.

Posted in All about Veterans, From the footlocker | Tagged , , , , , , , , | 5 Comments

BVA– I SLAPPED THE GENERAL BUT I DID NOT KILL THE DEAD MAN

You know you’re in for a good read when your eye lights on this in a BVA decision. First of all, this is not the best way to file for  bent brain syndrome. It requires more finesse. I see Johnny Reb is being repped by Kenneth LaVan, Attorney at Law. The Kenster’s hair must have been standing on end every time Johnny opened his piehole and spoke.

The Veteran contends in a January 2008 statement that while in service “They sent me to the war zone.” He further asserted that “I would like to get something for PTSD[;] the VA says I have a bad case of that.”

This needs some work on the next filing. How you can “take” an LST (Landing Ship-Tank) out in the open seas to Vietnam requires a better explanation. Did he requisition it? Were they transporting tanks in it? It was a poor choice of vessel for this  amusing tale. I would have subbed in the SS Minnow or something slightly larger like a missile frigate.

In a February 2008 statement, the Veteran asserted that he was exposed to Agent Orange at the Naval Auxiliary Air Station (NAAS) in Kingsville, Texas in 1964. He further asserted that when he was serving in Okinawa, [Agent] Orange made me more aggressive, and Suicidal. I was definitely juiced up. They had off limit places for the V.C. [Viet Cong]….I broke up a big Communist demonstration. And I slapped around some general, or something….The men the was with him was trying to stab me [sic]. We also had L,S,T [tank landing ship] that we ran back, and forth to Vietnam.

One assumes the “communist demonstration” was in Vietnam rather than Okinawa. This next one rather cements the bent brain diagnosis but I vote for LSD rather than LST.

In a May 2008 letter, the Veteran wrote that his son lost all of his hair at age 12 and was hospitalized. He further asserted that “I went completely nuts when this Happen, I could take a lot of things but what happen to my son was to much [sic].” In an October 2008 letter, the Veteran alleged that he is very sure that the V.C. General whom he had slapped “was the one that interrogated McCain.”

Come on. Admit it. This is rich entertainment for Veterans Day. Right? You also never know what extended exposure in the hot sun can do to you down there in St. Pete. I always stress timelines and continuity. This fellow can’t seem to get the facts the same on any given day. PTSD can do that to you.

In this regard, the Board notes that the Veteran’s service personnel record includes documentation of his places and dates of service, but does not include any reference to service in Vietnam. Similarly, the Veteran’s DD Form 214 includes no evidence or indicia of Vietnam service. Moreover, in an April 2006 claim, the Veteran marked on page two that he did not serve in Vietnam, but instead served in Okinawa. The Board finds that the credibility of the Veteran’s allegations of service in Vietnam is outweighed by his service personnel records, and by his own statement to the contrary.

I guess I feel sorry for this Veteran. He probably has had a hard life and met a Vet at the VFW who recited a few anecdotes about life in Vietnam. With little to lose and much to gain from a nice PTSD comp. check, he shoots the moon and even throws Sen. John McCain in for good measure. Not very well thought out.  The good thing is they didn’t lock him up for attempted fraud or stolen valour.  Here was his last shot in the dark.

 

The Board likewise finds non-credible the Veteran’s assertion that his claimed PTSD results from herbicide exposure.

I guess we have to figure the VLJ wasn’t going to bite on that one after the determination that Johnbo never walked in the red clay. Well, hey. He tried. Maybe a diagnosis if PLSD?

Dude. Let’s motor on over to Vũng Tàu and slap some gook generals. They’ve got killer beaches and tasty waves. I know right where we can park the rig. It’s like Surf City, dude. Two girls for every guy. They won’t miss us or the boat for a few days. Trust me on this one, Johnny.

 

Posted in BvA HCV decisions, PTSD | Tagged , , , , , , , , , , , , | 3 Comments