Throw the VA a “penalty flag”.

Posted on November 13, 2012 by joeaveragevet

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

Posted on November 12, 2012 by asknod

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

Posted on November 11, 2012 by asknod

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

Posted on November 11, 2012 by asknod

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

HAPPY 237TH BIRTHDAY, MARINES

Posted on November 10, 2012 by asknod

 

Here’s a good one for the Few, the Proud, the Type A personalities of the military. Marines. God’s gift to the Barbary Pirates. Why they were not present recently at the Benghazi Barbecue and Chili Cook off is a mystery. Perhaps (Gen.) Director David Petraeus could illuminate us on this. Oh. That’s right. He’s no longer employed there and cannot be called to testify to much other than the Fifth Amendment now.  Which is a terrible shame as they did yeoman service at Tripoli back in 1805. Hell, they even put it to music. Look up “Wild and crazy guys” in the dictionary and you’ll find this.

 

Semper Fi  and Happy Birthday guys from the gentlemen who are too lazy to walk. Our motto…

WHY WALK

THROUGH IT

WHEN YOU HAVE THE 

TECHNOLOGY TO FLY OVER IT?

Posted in All about Veterans | Tagged , , , , , | 2 Comments

HCV–GILEAD/ABBOTT IN RACE FOR HCV CURE

Posted on November 10, 2012 by asknod

Picked this up off the HCV network. Saturday Abbott tried to cut in front of Gilead on Interferon-free HCV cure. The Ribavirin might still be a dealbreaker for the Autoimmune Disorders Crowd like me. We shall see.

Posted in HCV Health, Medical News | Tagged , , , , , , , , , , | 2 Comments

NATIONAL ANTHEM–MADISON RISING

Posted on November 10, 2012 by asknod

In this day and age few things arouse my spirituality or move me like my love for America and Veterans (even those wild and crazy Navy pukes). The Star Spangled Banner always moved me as a child. As a Cub Scout, being allowed to bear the colors was akin to being given the keys to an F-100. That exhilaration could in no way be captured by mere words.

On the cusp of Veterans Day, it intensifies. While Memorial Day commemorates those who have borne the battle and fallen, Veterans Day thanks those who have heard that all but inaudible call to serve. I talked (email) recently with WGM about one thing or another and we reminisced about 40 years ago. He mentioned seeing Jimi Hendrix in concert before departing for the land of kimchee. I was also fortunate to have heard Jimi Hendrix as well as his version of the Anthem on Monday, August 18th, 1969 at a small music and arts festival in upstate New York.  I was preparing to return south to Virginia the next day for my inevitable AFEES date with the military and I had no idea he would perform it. He completely mesmerized the audience which was no small feat. In fact, virtually everyone around me rose to their feet and stood-something that is often sadly lacking in this day and age.

My faith in America has never been a flash in the pan. As an Air Force brat, I perennially got heavy doses of patriotism. There were always parades, the Thunderbirds aerial displays, and other gatherings that celebrated America’s greatness and military might.

The Fourth Stanza, to me, epitomizes what should be the First-most especially in the post-9/11 era. It would be interesting if celebrities memorized this one and sang it at NFL venues simply to put America on notice that there actually are multiple Stanzas to the greatest song ever written. Wouldn’t it be refreshing to hear…

O thus be it ever, when freemen shall stand
Between their loved home and the war’s desolation.
Blest with vict’ry and peace, may the Heav’n rescued land
Praise the Power that hath made and preserved us a nation!
Then conquer we must, when our cause it is just,
And this be our motto: “In God is our trust.”
And the star-spangled banner in triumph shall wave
O’er the land of the free and the home of the brave!

Perhaps in the brave, new, politically correct world of today the above would be too controversial because of its numerous references to God. This proclivity to avoid offending everybody is becoming obnoxious and overbearing.

Brownwater Jim sends us this new rendition of the world’s most well-known Anthem by a band named Madison Rising. The gentle beginning belies the raw power of the music and lyrics midpoint.  It arouses that same inner warmth of my childhood Cub Scout days. America is going through a period of self-doubt and confusion. I don’t think the current powers that be comprehend what is now needed to resurrect our Country’s supremacy in the world. My personal belief is that America just needs to get back to her roots that brought us the National Anthem in the first place. It was no fluke that Francis Scott Key’s memorable 1812 composition became our touchstone. It was written specifically to inspire us to become great and it admirably served its purpose. With America now seemingly drifting before the wind, perhaps it will provide direction once again. Our fate has always been inextricably intertwined with our strong belief in a higher Power as evidenced in this song’s innumerable mentions of Him. Perhaps it’s time to return to those roots and worry less about “offending” others’ religion. It seems the eastern world has no problem whatsoever denigrating our beliefs. Besides, our current foreign policy seems to be missing the mark.

Posted in All about Veterans | Tagged , , , , , | 2 Comments

BVA–173RD AIRBORNE AT DAK TO–NO HCV

Posted on November 9, 2012 by asknod

So. The old man has a claim in for Hep and cirrhosis. No dice. He starts to figure out what he needs and wham! Too late to even investigate a bucket list. His busy wife puts the claim together and assembles all the parts and pieces. She gets his vAMC crew to write up good nexus letters and off she goes. Not. All this carefully assembled evidence was gathered AFTER he passed. Sorry Charlene. No accrued bennies. No Dollar Drive.  She’s headed for Penny Lane . Forget that the old man was up to his knees in blood at Dak To with the 173rd Airborne getting his ass shot off. Forget that there is good documented evidence in his favor plus he gets the 1154(b) combat consideration. But he forgot to dot an i and several ts. No nexus= no dice. Claims denied. So much for valorous service. Boy, this just makes me all warm and fuzzy inside about how my vA does so much for me.

In this case, prior to his death, there was no such competent evidence of a relationship between the Veteran’s in-service combat activities and his hepatitis C and cirrhosis of the liver. The Board notes that the RO has awarded service connection for the cause of the Veteran’s death by way of an April 2010 rating decision, thereby acknowledging that his hepatitis C and liver cirrhosis are of service origin (and are likely related to his combat activities, his exposure to blood in particular); however, the Board is precluded from relying upon the evidence upon which that rating decision was based because it was not of record at the time of the Veteran’s death.

So Charlene has to go back to St. Pete and start over if she hopes to get any traction on this. The RO did grant for her but that can only be used in a new filing. This one’s toast. YessireeeBob. No adversarial chuckleheads around here. Everyone’s pro Vet. And just as soon as you refile, you can sit back and wait a couple of years to fix this stupidity.

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vARO– ERRORS? WE DON’T CARE. APPEAL IT.

Posted on November 9, 2012 by asknod

Finally, a truthful answer to a vexing question. We know vA is error prone. All we are arguing these days is just how much so. The va is in deep denial and maintains that just maybe it’s 14% of the time. The BVA says 30% for sure and maybe more. The vA has admitted to the Chief Justice of the Supreme Court that it is at least 60%.

So Vets will love this one.

In a deposition related to a federal discrimination complaint filed by Fox, the then-head of the Oakland VA regional office where she worked, Lynn Flint, said that “it didn’t matter if the decision (to deny Roundtree’s claim) was right or wrong.”

In proceedings related to Fox’s wrongful-termination suit, Flint and Fox’s supervisor, Kim Yarbrough, argued that Fox had exceeded her authority by advocating for additional review of Roundtree’s case, lowering her productivity to unacceptable levels.

If Roundtree disagreed with the denial, Yarbrough said, he could always appeal.

Pretty ugly, huh? We’re the vA. We don’t need no stinkin’ badges.

BADGES?

WE DON’T NEED NO

STINKIN’ BADGES

P.S. Here’s a good link to youtube on this

Posted in vARO Decisions | Tagged , , , , , , , , , , , , , | 2 Comments

ALMOST A VET

Posted on November 9, 2012 by asknod

Great humor. Dude, like I was gonna serve, you know and like, wow, there it was-an opportunity to be like, you know, a pizza delivery guy. How could I pass that up? It was like. you know, fate calling me.  I was going to be like a fighter pilot or a general or somebody big, but like, you know, it just wasn’t in the cards. But I wanted to serve. It’s just that I never got around to it. People shouldn’t hold that against me. That’s sooooooo bogus, you know what I’m saying? That’s like, so totally judgmental and I don’t do judgmental. People should like me for who I am, dude.

 

Posted in Humor | Tagged , , , , , | 2 Comments