BVA–OOPS! WE FORGOT THE HEARING, DUDE

Posted on November 8, 2012 by asknod

Imagine waiting around for several years (actually more because it’s Oakland) and then getting the call from the BVA. Of course, all this time you were waiting for the call to attend your requested Board Hearing, not the the decision call. So it’s off to Merry Olde Oakland for a two year delay to get the hearing. I think we can safely say this wasn’t an oversight on the RO’s part. This, and similar shenanigans like shipping your claim off without the SSD documents, occur about every 3 minutes nationwide. Poor training after what they spend to produce a vA claims rater? You be the judge.

This is where you, as the driver of your claim, can save time and win earlier-usually locally. So much time is spent playing Badminton with the claims between DC and the RO (God forbid the black hole of the AMC) that 10 years can be lightspeed a la hyperdrive motivator. DAV was driving this one. With access to his claims file at their fingertips, do you think anyone could be bothered to walk across the hall and say “Yoo-hooo? Say, can I review Johnny Vet’s records for completeness before you certify that and pack the Form 8 in on top? It’ll only take a minute.” This happens far more frequently than Vets imagine. When it does, the VSO jerk will blow bubbles and say. “Yessiree, Bob. Boy did we pull your bacon outta the fire. Our DAV rep in DC spotted that they screwed you out of your hearing so we demanded a remand. Our guy knows the judge pretty good so he let us bring it back here. That’s why you hired us, dude. We’re on it.”

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BVA–ANOTHER ONE BITES THE DUST

Posted on November 8, 2012 by asknod

What happens when your claim grows dust in the file room:

 

It’s not vA’s fault. The stupid Vet just didn’t file soon enough. If he’s been responsible, he’d have filed for this in 1969 when he came home from Nam. Considering they tell us there’s no dx of Hep C in our medrecs from back then, that stands to reason. We just blew it off on filing for it. Not just stupid. Lazy and stupid…. or lying.

Posted in BvA HCV decisions, Vietnam Disease Issues | Tagged , , , , , , , , , , , | 2 Comments

$43,018 Orlando conference cash “awards” to VA employees

Posted on November 7, 2012 by Laura

Small chunks of information in the VA OIG investigative report, released on Sept. 30, 2012, reveal a great deal about the dysfunctional management of the VA at the highest levels.

In FY 2011, 15 VA employees received cash awards for their “efforts contributing to the success of the conference.”  The names of all but two employees have been redacted from the public release.

From Exhibit 15, page 77.

A table shows that 2 employees received $5,500; 3 received $3,000; 1 received $4,000; 2 received $2,500; 4 received $2,000, 2 received $1,5000 and 1 received $749.00.  Three employees received time-off with cash values.

The 4K went to an employee who was commended for his work on the $49,516 Patton parody, a video which OIG considered a completely wasteful expenditure.  The 3K award went to an employee who bought a karaoke machine with his” own money” according to a note.  What a guy! How can you have a proper HR training without a little Disney sing-along to enhance the experience?

Paying cash to VA staffers for planning lavish parties in the sunshine state was wrong; the whole 6M+event was wrong.

Instead, perhaps VA-sponsored trips to Vietnam’s Cu-Chi Tunnels, Normany, or Auschwitz, would have actually helped employees serve Veterans better.  What other sites could they visit (U. S. or abroad) and actually learn something important about veterans, war, freedom, and sacrifices?  

 

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BVA–REMAND FOR EVERYTHING BUT THE KITCHEN SINK

Posted on November 7, 2012 by asknod

FROM THE PAUL R. REVERE

MEMORIAL  REGIONAL OFFICE

How many things could go wrong with a claim? How many things could the Regional Office, tasked with the proper, professional development of your claim, possibly mishandle to the point that the remand is a virtual laundry list of all the things they are supposed to have been done prior to putting pen to paper to write the denial?

This case is so underdeveloped that the raters don’t have the bare minimum to base their decision on. The Veteran is on SSD and freely contributed this information, yet the RO never made any effort to retrieve these highly probative records. This alone should be the penultimate reason not to go forward and push send (to DC).

Medical evidence that is a prerequisite to any fair and balanced decision has only now been made a part of the record. A claim for depression or mental disability not otherwise specified has been expressed yet the claim sailed off the DC absent any development. Furthermore,  the C&P evidence (or the severe lack of) precludes any meaningful adjudication on the nose or back claim. My nine year old grandson could assemble this in his sleep.

The last missing piece is truly phenomenal. The gentle reader will note that this devoted Veteran had two separate periods of service. After separating in 1978 after a three year enlistment, he returned again in 1981 for a second three year stint. The vA, in their haste to put this poor boy down, has neglected to obtain his service  records from his first period of service. It is rather vague as to what is present and what is missing but the claim was never ripe for appeal until all the records were obtained.

In the remand, Veterans Law Judge U.R. Powell offers this polite request in Note #3 to help facilitate review so another remand won’t be forthcoming or necessary:

It would be helpful if the examiner would use the following language, as may be appropriate: “more likely than not” (meaning likelihood greater than 50%), “at least as likely as not” (meaning likelihood of at least 50%), or “less likely than not” or “unlikely” (meaning that there is a less than 50% likelihood).

In other words, the VLJ is asking the examiner to express the nexus in terms required by the M-21 1MR currently employed by vA for this purpose. In fact, the good judge goes further and admonishes this future examiner thusly:

The term “at least as likely as not” does not mean “within the realm of medical possibility.” Rather, it means that the weight of medical evidence both for and against a conclusion is so evenly divided that it is as medically sound to find in favor of that conclusion as it is to find against it.

This is boilerplate remand language. What is not is the repetitive use of the exact same admonition in Notes #4 and #5. This implies the vA’s examiner has a short memory span or ADHD. Regardless of why VLJ Powell chose to reiterate it no less than three times. its disturbing that it might even be necessary once. Are those RO folks so dense that they need instructions on how to go to the bathroom, too? We always wondered about the 60% error rate making it all the way to the Court. It’s now apparent why.

Our judge also included this one three times. Considering we are required to have private or vA doctors review our contemporaneous records prior to performing the nexus dance around the chicken entrails, it would appear that the RO needs reminding of this fact as well- only thrice over. Perhaps like a spell, recitation three times is the lucky charm?

The VA clinician is requested to provide a thorough rationale for any opinion provided. The clinician should review the claims folder and this fact should be noted in the accompanying medical report.

What exactly are they teaching our new breed of rater? This is from Boston. People from Boston are well-educated and erudite. They are polished and dress appropriately. In a word, they are our kind, dear. How can this come about amidst good breeding in the best of circumstances?

 

Holy shirt and shoes, Batman! here’s another right underneath it. Different Judge but same modus operandi on the remand language.

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BVA–ROUNDUP AT SUBIC BAY

Posted on November 7, 2012 by asknod

Here we go again with those carefully parsed “tactical herbicide” cases as opposed to good old fashioned “nuclear herbicides”. Thus, our good buddy Vet from Fort Fumble in St. Pete’s, with the help of about 4 or 5 buddy letters, finally gets his foot in the door  with AO or its distant, innocuous cousin. Remember, we cannot be so bold as to admit we used the real McCoy at Clark or Subic Bay. We can’t even admit we used anything stronger than Roundup or Blue for fear of pissing off the The Philippine Government. Even though nothing of substance grows at Clark to this day and kids all have three eyes and no ears, there will be no admissions of AO usage there or we’ll have a major Superfund fiasco in our lap. Not that we don’t already but that currently is a voluntary effort with no admission of guilt. There’s a big difference. It’s similar to vA’s Joint Motion for Remand. No guilt. No admission of such and a mere voluntary expedition to find out if the Vet was exposed or screwed.

Here we have a very complete, well-ordered example of “at least as likely as not” without a tacit admission of usage. Nevertheless, we can add this to the Guam, Okinawa and Korea “could have” file. Each case is done on a facts of the matter basis with no blanket “Yeah, we used a lot of it.” Thus Vet A gets it and Vet B cannot use Vet A’s BVA decision. Or can he? If you can prove you were working where this gentleman was or on one of the ships mentioned, it’s fairly good odds to say you will get SC for DM2. You simply bogart his information. vA calls it plagiarism but we prefer to think of it as being “similarly situated”.

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VAOIG–THIS IS MY OTHER BROTHER DARRYL

Posted on November 7, 2012 by asknod

Remember the the second Bob Newhart Show where the three brothers come in? “Hi. I’m Larry and this is my brother Darryl and this is my other brother Darryl.”? Here I wish to immortalize that famous line again. Obviously Veteran Larry told both his brothers-in law (also similarly situated) about his new trick to siphon off $18.00 each trip to vA. After about a year this spread among the family and friends and soon there were nine doing it including -yep- two brothers named Derrick and Phillip. I learned to my great dismay in Southeast Asia that a secret blooms like Pansies once two or more people know about it. That’s probably why they invented security clearances.

Law Bob sends me this lame Veteran attempt to smoke the vA out of about .0001 seconds of operating funds. Considering they blow through $56,000.00 in bonuses a day nationwide for denials “above and beyond the call of duty” while often putting themselves “in great danger to save their fellow employees”, pursuing this noble endeavour is necessary to maintain honesty in the ranks. I’m sure the vAOIG utilized choppers for surveillance and many gallons of gas.

Most importantly, I have found that defrauding or stealing from the government (and the vA) is met with very harshly. Unofficial requisitioning, on the other hand, in time of war is considered impolite but tolerated. Who counts Dupont Spinners? We never did. Larry, Darryl and Darryl have now discovered the limits of what they can claim for travel pay. At 45¢ a mile, it all adds up. Worse, if everyone traveling from Clayton to Dayton is getting paid $14.50 and you’re claiming $44.50 from your Grandma’s house in Cleveland, you have to expect a little scrutiny. Most especially if your address of record is Clayton. I shouldn’t even have to point this out.

As for claiming an award of 3 Silver Stars and 3 Purple Hearts for Meritorious Service to the Great State of Missouri in the National Guard, you better have a pretty spiffy DD 214 to that effect. vA is more than happy to give you disabled contractor status, but don’t be surprised if the OIG drops by eventually and wants to make sure the $6.7 million dollars in contracts you did with vA was all legit. Warren K. Parker, 70, has some big Frequent Fraud Miles accumulated,  so it appears he’s going to get an all-expenses-paid, 87-month staycation at the famous Graybar Hotel in Kansas. In keeping with the Larry, Darryl, and Darryl theme of blood being thicker than water, his wife, son and son in law ( Mary, Michael and Thomas) will also be joining him soon on this extended getaway. Silver Star Construction LLC,  in the interim, apparently will go into hibernation. Warren had this to say about that:

“We’ll be back in business as soon as this horrible miscommunication is rectified and my good name is restored. My wife and family are confident we’ll be vindicated. As an aside, if you haven’t purchased my book entitled Book of Death about my adventures in Vietnam as a sniper, I strongly suggest it. It captivated me just by writing it!”

Judging by the long list of entities prosecuting this case, it’s entirely possible more than that sum was spent ferreting out the miscreants and their ill gotten lucre. Nevertheless, justice was served-chilled.

Warren K, Parker- a legend in his own mind; a rumor in his own room. We split the October Alfred E. Neuman Award among these two equally deserving groups because we frankly are unable to ascertain the more deserving party.

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HURRICANE SANDY AT THE TOMB

Posted on November 6, 2012 by asknod

Just another day at work. This is why they gave this job to the Army. No one else wanted  it.

Posted in All about Veterans, Food for the soul | Tagged , , , , , | 3 Comments

THE PROFESSIONAL NATURE OF NURSES

Posted on November 6, 2012 by asknod

Veteran Fred arrived for his scheduled appointment with the Yellow Team.

After the B/P, temperature check, depression check, and weigh-in, he returned to the waiting room and thumbed through old magazines. As usual, thirty minutes after his scheduled appointment, he was called in.

Nurse Perez inquired as to the problem and Veteran Fred allowed as it might be better were he to see a male nurse.

Nurse Prez said “Relax. I’m a professional. I do this all the time. There’s nothing I haven’t seen in twenty years of this.”

Fred was still recalcitrant about this and demanded “Promise you won’t laugh?” She reassured him she was a professional and nothing of the sort would ensue.

Vet Fred dropped trou and revealed the smallest appendage she’d ever seen. It’s length and width were akin to a AAA battery. Nurse Perez, in spite of her prior promise, allowed a small giggle to escape her lips. Like a fire in a dry, parched field, it expanded into a deep, rolling laughter. After a few moments she sheepishly regained her composure.

“I’m sorry. I’ve never done that before. I apologize profusely. That wasn’t very professional. I don’t know what came over me. Now, what can I do for you this morning?”

Veteran Fred looked down woefully, looked up, then met her gaze and replied “It’s horribly swollen, nurse”.

Nurse Perez stoically nodded, got up and rapidly exited the room. As she passed the receptionist out front, Perez instructed her to send the doctor in to see Veteran Fred. The receptionist was visibly alarmed when she noticed blood pouring down the nurse’s lip.  She inquired whether the good nurse needed medical assistance or if Fred had struck her.

Shaking her head in the negative, Nurse Perez mumbled stoically “Down to Urgent Care to get stitches in my tongue. I’ll be back shortly.”

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VOTE WISELY

Posted on November 6, 2012 by asknod

 Heaven and Hell

While walking down the street one day a Corrupt Senator (that may be redundant) was tragically hit by a car and died.

His soul arrives in heaven and is met by St. Peter at the entrance.

“Welcome to heaven,” says St.. Peter. “Before you settle in, it seems there is a problem. We seldom see a high official around these parts, you see, so we’re not sure what to do with you.”

“No problem, just let me in,” says the Senator.

“Well, I’d like to, but I have orders from the higher ups. What we’ll do is have you spend one day in hell and one in heaven. Then you can choose where to spend eternity.”

“Really? I’ve made up my mind. I want to be in heaven,” says the Senator.

“I’m sorry, but we have our rules.”

And with that, St. Peter escorts him to the elevator and he goes down, down, down to hell.

The doors open and he finds himself in the middle of a green golf course.

In the distance is a clubhouse and standing in front of it are all his friends and other politicians who had worked with him.

Everyone is very happy and in evening dress. They run to greet him, shake his hand, and reminisce about the good times they had while getting rich at the
expense of the people.

They played a friendly game of golf and then dine on lobster, caviar and the finest champagne.

Also present is the devil, who really is a very friendly guy who is having a good time dancing and telling jokes.

They are all having such a good time that before the Senator realizes it, it is time to go.

Everyone gives him a hearty farewell and waves while the elevator rises.

The elevator goes up, up, up and the door reopens in heaven where St. Peter is waiting for him, “Now it’s time to visit heaven…

So, 24 hours passed with the Senator joining a group of contented souls moving from cloud to cloud, playing the harp and singing. They have a good time
and before he realizes it, the 24 hours have gone by and St. Peter returns.

“Well, then, you’ve spent a day in hell and another in heaven. Now choose your eternity.”

The Senator reflects for a minute, then he answers: “Well, I would never have said it before, I mean heaven has been delightful, but I think I would be better off in hell.”

So St. Peter escorts him to the elevator and he goes down, down, down to hell…

Now the doors of the elevator open and he’s in the middle of a barren land covered with waste and garbage. He sees all his friends, dressed in rags, picking up the trash and putting it in black bags as more trash falls to the ground.

The devil comes over to him and puts his arm around his shoulders.

“I don’t understand,” stammers the Senator. “Yesterday I was here and there was a golf course and clubhouse, and we ate lobster and caviar, drank champagne, and danced and had a great time. Now there’s just a wasteland full of garbage and my friends look miserable. What happened?”

The devil smiles at him and says, “Yesterday we were campaigning. Today, you voted..”

Please Vote Wisely Today

 

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MORE ILP–MOST EXCELLENT

Posted on November 4, 2012 by asknod

This will give you plagiarism guidance for any denial in the future. Simply substitute the name of the proper senator, etc. and push print. My how I love to write. Bon appétit.

I’m probably not supposed to share this one with you but what the hey?

Mark J. Snow’s response…

And how is it I know GS?/how much Mark makes? Why, use the VARO-Whos’ Who up at the top in the widgets section and type in his name rank and airspeed. Elementary.

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