CAVC–PROCOPIO v. SHINSEKI- AO SPRAYED FROM INTREPID?

downloadThis one sure didn’t need a panel to figure out. A pair of witching sticks would have led to the water purification device and a quick check of its machinations.  Similarly, a cursory examination of the squadrons assigned to the A/C carrier would be equally dispositive of who’s been naughty and who’s been nice.  Either way its going to come up VA-5, Procopio-0.

Alfred Procopio is reporting what some might politely call incredible here. He insists he worked on and maintained spraying equipment for Agent Orange on specific aircraft launched from the USS Intrepid’s decks. That would be one of the aircraft carriers on YankeeStation in the Gulf of Tonkin (north end of the bathtub), or Dixie Station to the southern end of the So. China sea adjacent to the Republic of South Vietnam where they were launching airstrikes on Hanoi Jane’s BFFs. Every aircraft right down to the name of the pilot, rank, airspeed and tail number is a matter of record. Call sign? You bet. Mission profile? Check.  Ordnance and quantity? Roger that. Nobody is going to be able to fudge the make and model of the aircraft and there is no need to.

While the record does not specify what particular time period he was there, Alfred’s service folder reflects he was in the Navy from  1963 to 1967. Since history teaches us that we didn’t begin terraforming the Democratic Republic of North Vietnam (DRV) until March 2nd, 1965, I feel we can presume Almeister was there about then. What is problematic right off the bat is how much spraying was done

a) in North Vietnam

b) by the U.S Navy and;

c)  specifically by large, tank-equipped US Navy aircraft launched from the decks of the USS Intrepid.

Herein lies a big problem with history yet again. Very little AO or other rainbow flavors were sprayed directly on the DRV. The majority was sprayed in the former Republic of Vietnam (RVN) and Laos. Cambodia got its fair share along its common border with the RVN around the Ho Chi Minh trail. We won’t go into Thailand, the Philippines, etc. because that isn’t germane to this discussion. Operation Trail Dust sprayed twenty million gallons on the trail. Operation Ranch Hand, a strictly USAF-operated spray program, sprayed the other 95% in theater. So the Alster is asking us to believe the USS Intrepid was involved in this and he was assigned to the outfit charged with AO air ops.

Back the boat back up to the dock, Gilligan. This should be a no-brainer. The records of large displacement hulls are extensive. If we want to know what was served for dinner   on-board  March 2nd, 1965, it would be annotated. Similarly, every squadron or air detachment assigned on board needed space for their birds. You don’t spray AO with F-4s and A-7s. Storing AO below decks would compete with valuable space for munitions and aviation gasoline. By rights, others would be exposed as well. Air America did some tactical spraying up country when I was there with a PC-6 Porter. That was a prop job with a max speed of about 120 knots. It was terribly inefficient but great for pesky little hilltop applications. The Navy had other fish to fry like SAM sites and interdiction-not to mention all those tempting bridge targets in downtown Haiphong. The allegation that this transpired on the Intrepid is, to say the least, incredible on its face but I wasn’t there. I’m opining. Given the Squadron name and number  of this spraying outfit, assuming it wasn’t the 709th Flying Orkins,  should be easy to ascertain, and to find others similarly employed who can corroborate Mr. Procopio’s claims. AO wasn’t exactly a classified operation.

The next problem isn’t Mr. Procopio’s. We all know the Haas decision fenced out the Blue water Navy from AO. We also now know that VA and the military have been less than forthcoming about where this stuff was sprayed for decades-even scores of years. It would not surprise me to learn that evaporator-style freshwater “stills” could, and did, allow picloram and dioxin (2,4,5-T) to pass through into potable supplies. VA would never admit as much. Pigs will fly sooner because if that became a finding, the Blue Water Boys would break the bank. There would go the bonuses and the VA’s legendary Human Resources Orlando Spring Breaks.

Mr. Procopio’s claim will run up on the rocks, not for the alleged water pollution claim, but rather for the allegation that spray planes were launched from the Intrepid. Simply testifying that this happened will not put the chicken in the pot. Several buddy statements won’t, either. No, Alfred, the ugly fact is that you, your attorney, or the US Navy will need to come forward with credible evidence this scenario came to pass. This is a fine time to figure this out. VA operates a two-way street apropos the duty to assist. They are not going to find anything to support your claim. It behooves you, if indeed you are legitimate, to start rounding up the usual witnesses and sober them up before testifying. DD 214s proving service aboard the carrier will need to be anally specific about MOS and duty description  If your MOS says you were a cook, this dog won’t hunt.

Due diligence by VA might have put paid to these kinds of claims one way or another long before expensive, scarce judicial resources were brought in. I don’t question Mr. Procopio’s belief he is right. I question the propriety of continuing to insist on producing the evidence when it would appear there is none to bring forth. Were it there, it would be glaring and exculpatory to one party only. It may come to pass that this will end up in the Frivolous Filings folder. That would be a shame. Equally shameful would be a complete whitewash on VA’s part by failing to give credence to his contentions and not even calling in the bloodhounds.

I know only too well how many times I cried WOLF! between 1989 and 1992 to no avail.  VA has a miserable track record in that regard so I will not denigrate Mr. Procopio’s claims.  This is an excellent time for him to beat feet back to town and start looking for New and Material evidence to convince them.

We have reached the perfect storm at the vA. Everything is plausible-but not proven, Everything is too speculative so let’s defer it for a decade until he dies. The claim is credible-but he/she isn’t. Grant if you can-but you don’t have to because the M-21 Adjudications Manual gives you a perfect denial reason virtually every time. The Vet has a viable nexus letter from his doctor-so let’s run to the VHA and get our “expert” to rebut his. Naturally ours is more probative and had the Veteran’s records to base his reasoning on. Et cetera.

Justice was not done here today. Justice was deferred for a year. The necktie party is still on the books for 2014 when he comes back to 625 Wagonburner Ave. NW. That much is preordained. Fox Mulder said the truth is out there. Your mission, should you decide to accept it Mr. Procopio, is to find the records yourself to prove your contention. Simply sitting on your hands and claiming you won because they have not disproved your allegations, or conversely, haven’t helped prove you right will not win the day. We witnessed this phenomenon in Mr. Wayne Theofrastou’s CAVC decision when he demanded vA come up with the lot number and batch of the Gamma Globulin shots he was given in Basic-40 years ago, Helloooooooooooooooooooo?

We have not heard the last of Alfred.

Posted in CAVC/COVA Decision, Veterans Law | Tagged , , , , , , , , | 9 Comments

FLAVORS OF FALL

Last Saturday Cupcake and I attended what is considered by most in our neck of the woods to be the premiere event of the year.  Friends, neighbors, and captains of industry congregate for hors d’ oeuvres and dinner at our local Civic Centre. Silent, as well as live auctions, are the order of the day.  Donations flow freely and camaraderie is the order of the evening.

For the last twenty or so years we have been  engrossed in raising children and running several businesses . This left us little time for introspection or our community duties. All that has changed. With the advent of my diseases and decline in health, I have had more time to farm, help Vets and contribute to the less fortunate on the Key Peninsula.  Farming is a new avocation and I have been seeking a grant for a greenhouse from the VA as many know.

I took pictures of some of the harvest yesterday to send in to my Independent Living Counselor to tip the scales in my favor. Whether it will have any positive influence in his decision is debatable. Nevertheless, here are a few food-for-the-soul snapshots.

I was introduced to the carrot pit by my father-in-law over a decade ago. I had no idea you could preserve them all winter simply by ensconcing them in dirt. Importantly, it’s necessary to bury them sufficiently deep to protect against moisture or freezing. I discovered this problem when I had to move them in the middle of winter several years ago. One of my employees came by, dug them up and moved them to a new locale. In spite of my asking to carefully mark them, he didn’t. We spent a day digging about looking for them a month later. Daniel only buried them about six inches deep. Between the deer and inclement weather, they disappeared. I strongly suggest burying them at least 18 inches deep and carefully mapping their locale. You can dig them up all winter and have delightful, fresh coleslaw if your kohlrabi holds out. In lieu of that, cabbage may be substituted.

And the carrot pit.

Posted in Food for the soul, Independent Living Program | Tagged , , , , , , , | 3 Comments

Army images: HCV extrahepatic manifestations

A current online article, Hepatitis C, by Sandeep Mukherjee (et al.) provides a good overview of HCV and is worth bookmarking here.  The images from Walter Reed Army Medical Center Dermatology, slides 7-48, convey potential effects of HCV on skin/mucosa in ways that medical codes, phrases like “secondary to HCV” or words in VA manuals cannot adequately communicate.  You can view them in “Multimedia Library” in the left menu.

http://emedicine.medscape.com/article/177792-overview

I appreciate the details the authors have provided for clues on/in skin that might point to HCV infections.  For example, unexplained pruritus (itching) is strongly associated with HCV in about 15% of infected patients.  See “presentation/history” for other manifestations that can be easily overlooked as related to HCV.

Another article, Cutaneous Manifestations of Hepatitis C, by Robert A. Schwartz, MD, (et al.) uses the same set of public domain images.  There is mention of new findings such as HCV in epidermis cells.

http://emedicine.medscape.com/article/1134161-overview

Prior to my DH’s diagnosis of HCV, he began to develop painful lesions on his scalp.  Later, neither his private internist, hepatologist, or dermatologist (who biopsied them) knew what they were.  After treatment, the lesions healed leaving scars; they are just called sores in his treatment records.  Not very helpful.  In 2003-2004, three smart doctors did not associate his skin markers to HCV even after the diagnosis.   Hopefully they could connect the dots today.

ed. note: Randy! Read this.

Posted in Guest authors, HCV Health, Medical News | Tagged , , , , , , , , , , , , , , , , , | 7 Comments

CAVC–WHAT YOU NEED TO KNOW-3

After you pass your self-administered mirror test or allow a representative to do so, you will be filing a Notice of Appeal (NOA). You must do it in 120 days. In spite of what the SCOTUS said in Henderson v. Shinseki, I would admonish you to just get it right in the first place. If you are going to attempt to do this yourself, you’ll find your mailbox plumb full of new law dog friends. That’s just standard procedure. You really don’t want to do this yourself, but if you do, you have to do it in a timely manner.

You have now graduated to my style of stationary. No more 21-4138s and Form 9s. You are now on official SF8.5X11 and will be from here on out. I would refrain from putting the Loony Tunes characters or Tickle Me Elmo stickers on your correspondence. Your decorum here is a given and humor is frowned upon. Everyone talks in hushed tones and bows when the Judges go by. Laughter is right out.

Your NOA must consist of a letter that contains your name, rank, airspeed and tail number so they can get back to you with correspondence. You will also need to include the BVA  decision number including your SSN or claims file number.

If you have a representative, your requirements increase but this will become their problem and not yours. All this is irrelevant as I said if you are not attempting to do this pro se (by yourself). An NOA does not have to be the Declaration of Independance and cover every conceivable angle like a Form 9. It is considered sufficient if it expresses, at a bare minimum, that you are unhappy with the parade and party the BVA threw for you down at Vermin Ave. NW.

Most importantly, you are going to need a plausible argument. Arriving at 625 Wagon Burner Lane NW with a basket of “They didn’t give me no respect” will  not prevail. This is called the “Case or Controversy” requirement. You have to have something that is grossly wrong with your denial. It has to be visible such that the Judges can see it when you do your show and tell. It isn’t required up front with NOA but filing without some easy to see egregious error is futile. A classic example of this was Mr. Wayne Theofrastou’s argument that the it behooved the vA to somehow go back and unearth lot and batch numbers for  inoculations he received in service. While the Court did not specifically mention a case or controversy argument here, it was in the wings. The nature of Wayne’s NOA concerned itself more with a CUE and we all know that is a slippery slope with very few perches.

Case or controversy also rears it’s ugly head when you die without finishing the claim. Vets tend to do that because it seems to take forever to get these things done. This is all the more reason why I suggest starting as early as possible. Here I am about 5-10 years from punching out and I’m just now getting to the Court. Baaaad idea. Here’s the death argument in a nutshell. Before 2007, they considered a claim for compensation to be different from a claim for accrued benefits. We all know what comp. is but few know if you died without collecting certain things, your spouse had to start all over from scratch at the VARO on the claim just to get anything-such as DIC, any monies still owing, etc.

If the Court found out you had completed the bucket list and moved on prior to finishing your CAVC claim, they vacated and went to lunch. In 2007 the Fed. Circus jumped in and decided to cut us some slack. Some, mind you. If your had finished the submission of the claim, phase two kicked in. That would be the decision of the Court. If they made their decision after you died and didn’t know about it, and if the case or controversy now has been satisfied and  if your spouse has standing (legal marriage etc.) , and if “considerations of justice and fairness” were satisfied, then and only then the Court will leave the decision intact.

In 2008, some of this was weeded out by Congress and a new dawn on claims began. No more did the spouse get hosed and end up with a burial flag and $250 to cremate you. In spite of their poor wording on the new statute (38 USC §5121A) which didn’t specifically encompass the Court, it is accepted wisdom that Congress intended this. Thus the Court follows this dictum-one of the rare times when it goes out on a limb and actually does something without a rule, regulation or statute to support it.

Next up will be the discussion on what happens when they ignore you at the VARO and don’t  do anything with your claim. Oddly, it happens all too frequently. This has resonance with me because it is one of the claims  I am fighting for. You are in a sticky wicket because you can’t appeal it to the BVA (or the Court). You are in judicial limbo and at the mercy of the Court to order the bozos to do it. The BVA won’t touch it without a final RO decision accompanied by a Form 9. Sometimes dynamite won’t produce results as many of you know. I appealed and the BVA simply mimeographed the VARO argument and pasted it onto my decision. The Court will now grab Uncle Eric by the collar and stick his nose in it. The question will be “Why did you do this? Defend your actions.”

 

 IN GOD WE TRUST

VETS PAY $50

NO EXCEPTIONS

Posted in CAVC Knowledge | Tagged , , , , , , , , , , | Leave a comment

vAOIT–MONEY TO BURN-BUT NOT FOR VETS

This will make you wonder about why it takes so long and so many of us get the lowball. vA needs your money for everything BUT Vets. Sorry Virginia, but Santa won’t be here under the overpass this Christmas. He has far more important people to remunerate who only make a pittance of, say, $115 K a year. You can understand, right? Perhaps next year when things settle down and the economy brightens. Pray for hope and change, Virginia.

Posted in vA news | Tagged , , , , , | 1 Comment

BVA–ORANGE FLAVORED ROUNDUP/GUAM VICTORY

Legal Bob sends me this forward to him from the AO watchdogs. I look forward to the first case from Laos one of these days. I’m sure vA’s take on that will be that you would have to have been  a military policeman on the perimeter of Lima Sites (documented) in order to qualify. Simply landing or air drops won’t qualify. That will be interesting. I do so hope to be alive to read about it. This one from Guam is the beginning of a tsunami, too. Finally, Vets can see some light at the end of the tunnel. Chuck Palazzo of the AO Action Group indicates this in the eighth victory for them on Orange-flavored Roundup. Chances are there were more Baskin and Robbins flavors  like Blueberry or Pink sherbet but the important thing is our good buddies at the EPA found  2,4,5-T and aren’t playing house with the military or vA on it. Why they thought they could use this stuff and then whistle past the graveyard when called on it is classic military nonchalance. vA simply learned the  behaviour from them.

We cannot wait for the new wave of crap that will emanate from Southwest Asia soon. What am I saying? It’s already begun.

Posted in AO, BvA Decisions, Vietnam Disease Issues | Tagged , , , , , , | 1 Comment

DAVID EUGENE LONG 1972-2012

While this has nothing to do with anything I normally write about, I feel compelled to voice it. Some of you may have heard that my stepson David was shot while grocery shopping August 11th. The young girl (19) who did it was mentally deranged and wounded two other men as well. Apparently she had it in for men that day. It was a sad case of being in the wrong place at the wrong time. Nothing more and nothing less can be read into it. I’m sure we’ll never learn all the particulars but it would not shed any new light on what ensued. Suffice it to say that things happen- and invariably to those who do not deserve it or earn it.

David was severely wounded and lost a kidney. The bullet traversed his arm and chest, hitting most major organs including his liver and lungs. He had survived that and was well on his way to a recovery. A mass in the lower lung indicated one last surgery was needed as it appeared there was something amiss. While preparing him for surgery, the nurse gave him a shot of Vitamin K to reverse the effects of Heparin. He immediately went into anaphylactic shock and flatlined. Unfortunately, they didn’t ensure his airway was open and it appears that he went without oxygen for some time during the resuscitation efforts.

David never regained consciousness and slowly slipped away from us over the last week. After a meeting with doctors yesterday morning, it was decided to take him off the ventilator to see if he could survive. His EEGs indicated there was very little meaningful brain activity. After a short (18 hour) battle, he succumbed this morning at 0815. He will be sorely missed. I will never be able to express that in written words. I don’t think it’s possible to do so.

David suffered a form of Phenylketonuria called PKU disease and was developmentally disabled from birth. His mother, my ex-wife, passed suddenly in 2001 and we moved him up here to be near his remaining family. He was happy and had recently purchased a home near the grocery store for convenience’ sake. He didn’t drive. He had a job to occupy him and was well on his way to settling in to a peaceful, rural life.

David was born 45 days before I returned from Southeast Asia. He and his mother came into my life in late 1973, six months after the Air Force and I parted company. He and I shared the same birthday and, as I joked recently, we both also shared the fact that he’d been shot now, too. In spite of our divorce, David was always a part of my life just as my daughter was. You don’t buy Christmas gifts for one child and ignore the other simply because he did not issue from your own loins. Children do not understand that concept, nor should they be expected to.  In the absence of his biological father, I was his “dad”. As a child, David was no different than his peers. He liked Tarzan, Batman, horses, and all the other things children his age thrived on. When he was 10 or 11, he fell from a barn roof and severely injured his left arm. Due to gangrene, the injury was extensive and permanent. It never slowed him down. The glass was always half-full and he insured that it stayed that way. I never heard him complain of his lot in life. He even learned to play a guitar in spite of this handicap.

David turned forty this year with great expectations of many more years. He is now off to a new adventure in another plane of existence. Some have voiced anger over the fact that this young lady had access to a gun. She didn’t, per se. She absconded with it from her grandparents’ home that day unbeknownst to them. I’m sure they were not anticipating this but they should have. They will journey through their own private hell for that and I feel their confusion and pain. I feel they were irresponsible for having the gun accessible but that won’t bring David back. As we have seen in the news frequently, reaching for a gun seems to be a way to get your fifteen minutes of Andy Warhol fame. We do not seem to be teaching our children well in this important respect. Quite the contrary. By denigrating guns and their mere existence, we ostracize an object rather than a philosophy. This transfers blame to an inanimate item and somehow absolves the miscreant because he or she was somehow “abused” as a youngster. Using this perceived abuse as a yardstick,  by rights each and every one of us should be irreparably damaged.

DSC00604

January 14th, 2014- Still there.

This is not about guns. It is, at best, about mental illness and supervising those who suffer from it. I certainly don’t blame the manufacturer of the revolver. The bullet is not the culprit either. The problem developed a score or more years ago when the legislators in my state opted to close mental health facilities and employ the sink or swim philosophy. Only the most severely afflicted were committed.  The monies were appropriated for other , more politically correct and “necessary” endeavours leaving the mentally disabled to fend for themselves. Absent a proven danger to others, they were set free in droves. This put tremendous pressure on families to take care of their own. The mother of this young woman petitioned our Governor in a personal letter and warned of this eventuality over a year ago. Sadly, her worst fears came true August 11th. Staying home to supervise her adult daughter was not an option. She had to put food on the table and keep the lights on. Nevertheless, she inadvertently enabled her daughter by handing her the car keys.  Nothing about this crime was simple or straightforward. It rarely is.

One out of the six into the floor

One out of the six into the floor

The detectives investigating this case were apprised of David’s almost certain demise yesterday and immediately began their plans to charge her with his death. They congregated at the hospital for several hours but eventually departed. They will return today with the Medical Examiner and perform an autopsy.  What a horrific waste of life and potential for all concerned. What is paramount in all this and all the more reprehensible is the practice of robbing Peter to pay for Paul’s social programs. The cause du jour varies from day to day but the consequences of legislators’ actions have come home to roost in our small, rural community and I am not happy. No political party is to blame. It is a product of an ever-expanding government attempting to cast its net wide and encompass all ills. Some problems such as mental illness are perennial and cannot be absorbed by families. They are not equipped to handle it. That fact was recognized over a century ago and sadly is now on the wane as vocal lobbyists’ pet social needs burden the system. Medications are no panacea for schizophrenia if the patient fails to take them. You certainly can’t blame the patient or their family either.  That’s why we invested our tax dollars in psychiatric hospitals. Valium and Xanax cannot supplant brick and mortar where the safety of society is concerned.

As this post (I hate the term blog) is read by many of my friends in our community, I wish to thank all of you for your extremely wonderful gift of the benefit held for David last Saturday at the Civic Center. Your generosity was boundless and your coming together in our time of trouble was deeply appreciated.  I only wish that this had turned out for the better. We as a family could not ask for a better community of caring neighbors.  Total strangers we have never met were there to offer their condolences and help. Thank you all  for your efforts. Our wounds will heal in time and David will always be in our thoughts. I pray his death will not be in vain. This should be a wake up call to those who continue to dismember the wisely contemplated and carefully crafted social net that was designed to catch and help the mentally challenged.

Posted in Milestones | 11 Comments

BVA–HAV SPREAD BY HAVING SEX; HCV?NOT SO MUCH

How’s this for the most defective diagnosis in the history of Hep. Keep in mind that Wonder Woman had to go back to college to get this right.  Exactly which college is not specified.

The examiner provided an addendum report in September

2011. She stated that further research of the literature

regarding hepatitis C had yielded information that resolved

earlier concerns and led her to revise her former

conclusions with supporting evidence. The examiner first

noted that it could be stated with “reasonable certainty”

that it was not at least likely as not that the Veteran’s

chronic hepatitis C was caused by [gosh, nobody said it

was] his acute episode of hepatitis in 1969. She reasoned

that while an acute case of hepatitis could not be classified

with certainty at the time of illness without testing for

specific viruses, the tests of which were not available back

in 1969, there were many epidemiologic factors that

make it more likely that the 1969 infection was hepatitis

A and not related to the Veteran’s subsequent hepatitis

C. As to the epidemiologic factors, the examiner detailed

that hepatitis A was endemic in Southeast Asian (sic) and

very commonly encountered. It was easily spread by

fecal-oral contact and commonly by food or water,

making it likely that sexual contact even with the use

of condoms could result in transmission. The Veteran

indicated that he had no risk factors for hepatitis C, which

was transmitted by blood, with the only risk factor being

sharing razors and having multiple sexual partners with

use of condoms. The examiner noted that hepatitis C was

not usually spread by sexual contact and the casual

sharing of razors would not likely result in transmission.

She further found that the Veteran’s statement that

several buddies may have developed hepatitis around

the same time strongly demonstrated that he did indeed

have hepatitis A. The examiner also indicated that due

to the Veteran’s history of hepatitis B (he has antibodies

to hepatitis B showing that he had a resolved hepatitis B

infection) raised a possibility of hepatitis B at the time

of his acute illness. [but not C].

So a quick recap. Hep A is oral-fecal but somehow gets in the semen? Hep C does not. Razor blade sharing is not a risk factor even though vA maintains it is. Last but not least, Hepatitis A has been known to penetrate condoms. Oh and one last one- HAV does not cause HCV. Boy am I glad we pay this medical whizbang big bucks to keep up with current medical dictum.

But wait. Capt. Obvious has more to impart:

The examiner further noted that another factor

strongly against the Veteran’s initial illness being

due to hepatitis C was that the acute infection with

hepatitis C is usually clinically asymptomatic with

only 40 percent or less of patients have jaundice

at that time. She commented that studies have shown

that those with symptomatic illness with jaundice

initially are much less likely to develop chronic

hepatitis C than those who have clinically silent disease.

The Veteran had an acute illness characterized by jaundice

and fatigue lasting for six months, which was not unusual

for any type of hepatitis. The examiner found the

Veteran’s account of taking six months to recover

from fatigue from the initial episode was not

significant. [???????]

Yes sir, this babe should be a judge. She could merely look at the claimant and ascertain all she needs to know to make an insightful ruling (which would be 98% correct and occur in 125 days or less.) I don’t make this stuff up. It’s positively insane. What hurts is Tommy Havatampa here was repped by the famous American Legion. Now, who allowed him get to the BVA with this bogus vARO nexus in his C-file? This isn’t justice. It’s copy and paste nexus and not even believable. I smell bonus in the vA examiner’s Christmas paycheck. That or she went to Orlando to teach others this new technique.

Next week– Hepatitis A transmission by alien abduction after service (shared straws with the aliens) and how to write it up properly to avoid remand.

Posted in BvA HCV decisions | Tagged , , , , , , , , , , , | 8 Comments

BVA–vA’S MOST EXCELLENT GRAYBAR HOTEL COMPUTER

I have to say that some in the past doubted my word that vA was very inquisitive about your life post-service and often goes afield looking for you or a footprint in the sand to show your passing.

The CAVC has repeatedly admonished the vA that they are allowed to collect evidence in the normal course of their investigation of your claim but under no circumstances are they allowed to ever go out and purposefully develop negative evidence . Basically, they are required to play fetch with anything you identify and inform them of. That’s why the vA has Form 21-4142. Private expeditions are frowned on. Strike that. They are forbidden. This has rarely deterred the boys and their exploits are legend as are their losses at the Big House up at 625 Wagon Burner Ave. NW.

So what did my eagle eye run over and back up to for a second gander? Why, the apparent ignoring of this important precedent in search of something useful enough to convene a good old fashioned Florida necktie party with one of St. Pete’s finest as the guest of honor.

The Board notes that, in a May 2008 notice letter that

describes VA’s duty to assist in the development of his

claim, the RO requested that the Veteran complete a

hepatitis C risk factor questionnaire. The letter was

returned by the United States Post Office as not

deliverable as addressed.

In his May 2008 substantive appeal, the Veteran

said that he did not receive a hepatitis C questionnaire

In December 2008, the RO resent its notice letter to

the Veteran and requested that he provide information

regarding his risk factors for hepatitis C. That letter was

returned by the United States Post Office as attempted

but (addressee) unknown. In a May 7, 2010 signed

statement, the Veteran provided VA with his current

address change. The Veteran should be provided with new

notice letter that includes a hepatitis C risk factor

questionnaire sent to his most current address of record.

A December 2008 VA and SSA State Prisoner

Computer Match shows that the Veteran was

incarcerated in the Central Florida Reception Center,

PO Box 628040, Orlando, Florida, from September

[redacted], 2005 to December [redacted], 2006. All

medical records associated with his incarceration

should be obtained.

The law is quite explicit on this. If you do not submit evidence requested, they rate on what they have to go by. They are not entitled to flit about in the field and go on a fishing expedition. Why would they be searching the VA ‘s State Prisons Computer Match if this was a truly nonadversarial  environment in which the Veteran is accorded every benefit of the doubt? Why would they need a computer database search capability or more appropriately, under what tortured interpretation of the regulations would they be allowed to go fishing for his medrecs while he was incarcerated? Please also note the date of the request. It’s the same month as his substantive appeal. If you fail to give them evidence, they deny-period. Wait. That is an oxymoron. They always deny but if you don’t send in what they need, they are under no obligation to go out of their way to help. Absent a request to look, trying to find anything out is unheard of. They roll up the file and stamp denied on it. What they sure as hell never do is start trying to find out how to find you to mail you a copy of a denial.

I couldn’t beg loudly enough or in earnest to sufficiently arouse the interest (seven times) of the RO to go back to Thailand to find my medrecs-even after I gave them a small sample proving their existence in 1991. Here we have the the jackbooted vA Gestapo off the reservation trolling  for anything useful to give our Tampa Vet a compensation haircut.

I rest my case.

Notice any similarity?

Posted in BvA HCV decisions, Tips and Tricks | Tagged , , , , , , , , , , , , , , , | 2 Comments

FOOTLOCKER–WGM’s TREASURES

Finally something to put into the footlocker. Hardly. These are beautiful hand-knapped arrowheads that WGM made personally. He mailed me the first black, obsidian glass head when he won. It’s an apt artistic expression of the war-like nature needed to pursue our claims. Likewise it’s neighbors which he sent recently after playing Interferon Wheel of Fortune.

What WGM doesn’t realize is I have to find an appraiser to value these items and remunerate him suitably or run the risk of accepting monies for my judicial services to a Vet. As I am unlicensed and not affiliated with any VSO, I am in violation of a million 38 CFRs and will go to Hell.  What am I saying? Hell was predetermined 40 years ago. We’re just arguing which of  Dante’s nine levels now.

In all fairness, I cannot hide these gems. They are being ensconced in a glass picture frame with a dark velvet background and will be placed in our cabinet in the foyer. That’s right. Cupcake made me build her a foyer. I consider it the biggest waste of 16X14 feet I’ve ever seen. Of course, my taste has been determined to reside mostly in my mouth-more so since I quit smoking. Therefore you will not hear me opine on the usefulness of foyers.

Ladies and gentlemen Vets, I introduce you to WGM’s art.

 

 

I hold these in trust for all members of HCVets. Other gifts which also have been contributed consist of both the 2010 and 2011 versions of the Veterans Benefits Manual which I pour out onto these pages as frequently as possible. In addition, Cupcake and I were treated to lunch with Peter and his wife as well as a lovely dinner with AZJen’smom and her husband Tom.  Remember, any time you’re in the Emerald City, we’d sure like to strap on the old feed buckets with you. Besides, I need pictures for my Trophy Wall.

Posted in From the footlocker, Inspirational Veterans | Tagged , , , , , , | 2 Comments