vA–HOPE AS A STRATEGY

Posted on October 26, 2012 by asknod

Member Danielle writes of her Adventures in VSOland…

Dear Nod,

We had our third visit with my husbands new SO at the DAV on Tuesday and Im worried . He doesn’t seem to understand that my husband is not in good health. We filed for Hepatitis C again because he got to sick to work. We didnt get the forms filled out on time in 2006. The VFW SO  didnt  call us either so we lost out on the 2002 claiming. Thats not why Im writing. ____, this new SO is kind of wishywashy. He said he hopes we get a good C&P doctor at QTC and they write it up for having combat blood exposure. I just came to this site  Google and I see the nexus bible thing. We read it together last night an it sounds like a brick wall. If the VA is doing the C&P, how do you do a private nexus? Were broke. We got Medicaid and thats whos paying for this now. He did the peginton  drugs for 40 weeks and it came right back. The SO says he hopes my husband’s records are all there. Doesnt he look at the Central file if he has our attorney power.  How do we get a copy of his records.  ____ said he’d talk to his supervisor about the records but we should not try to get them while they are doing the claim. Frank says we should start over. What do we do.

Danielle (myreal name)

I would ask you to read everything on the site here, Danielle.  Start with the introduction and tips and tricks. You don’t have to do all the legal cases. But most importantly, I would lay out some serious questions for you to ask your Service officer. It sounds as if you have a robo-server who is a remote conduit to the supervisor with the knowledge. Now you have a filter in between that does not give you real time information. Without you medical records, you cannot do anything effectively to come up with a true, unbiased nexus. Without reviewing the record, I can almost guarantee you will be denied again on this. You mention a 2002-2006 claim and do not say what they denied it on. If you have not found something new to submit (like a nexus letter) they may just deny it before it leaves the station. It sounds like your present DAV SO “hopes” a lot of things fall into place. He obviously thinks as many do that the VA is your best friend. Only 15% of Vets who file claims feel that way-eventually- after they win. Some fight for many more years to get the proper amount they are due. Few of the Vets we have helped here will sing the praises of the veterans Administration. Kumbaya, my Lord is not a winning game plan.

Ask to speak to ____’s supervisor directly and deal with him/her. Every extra cog in a wheel is useless and an opportunity for an error. Use the information you find here to question the supervisor about a game plan. I realize for many, it is a maze of paper forms and confusion. After you understand the process better you will see some of the method to the madness. You can ask questions without anyone telling you “somebody already asked that last week”. Remember- we were all blind at one time on this. It took me 18 years to “get it”.

Due to the backlog and depending on how recently you filed, getting your medical records and anything else you can find in St. Louis at the National Personnel Records Center will not hold up your claim. If you have your files from the 2002-2006, scan them and attach them to an email and I can at least tell you how to develop a game plan while you’re waiting. If you want to protect the private info, go ahead but I already have plenty of extra IDs and four condos in Mexico so I’m set.

Hope is not a strategy to win with. The vA is not your BFF, either. I don’t care what the DAV  or _____ told you.  You need responsible help, not a mailman. You need real legal input based on your circumstances but the vA deprives you of that avenue until you lose. We are not a substitute for real legal help but are more informative than the DAV is currently being with you. To be brutally honest, you stand a good chance of losing a few teeth before you get a win. We try to provide you with a mouth guard.  I know some of what you will read here seems way over your head. On the right hand side are categories of things we deal with. Starting out is the hardest part of any journey. The widgets you see at the top under the Vietnam Service Medal are paths to the tools you may need to win with. They also give you the actual forms VA prefers you to use.  Feel free to be a bull in a china shop here. You won’t break anything or be criticized. Your husband earned what he seeks. You just need the key to the door and the secret password. I’d like to think we have both or can direct you to the ones who do.

A wise Chinaman probably came up with “A journey of a thousand miles begins with the first step”. Around here it starts with a Form 21-526 and a request to St. Louis. Good luck to you and Frank. Your success quotient just went up dramatically when you went to Google. If you have Kindle, download my book for $3.99 at Amazon. If not, Barnes and Noble have a paperback for less than $15. It will give you a lot of the basic information to get going without trying to turn you into a lawyer.

Sincerely,

Nodster

Posted in Introduction-Read these first, Tips and Tricks | Tagged , , , , , , , , , , , , , | 5 Comments

FACEBOOK POLITICS

Posted on October 25, 2012 by asknod

My facebook page is a reflection of this column I write. Some put their brand of humor there to share with me, too. This I could not resist.

We don’t do politics or religion but this expresses what some feel about life and people. I move it here for its resonance in the next several weeks. I am blessed and am not starving. It appears Gov. Romney is very, very blessed  and he and his wife apparently give millions away to charity every year. This is what is important. To give is more blessed than to receive and I practice that every waking moment. I find it abhorent that anyone would cast aspersions on another for their success in life. Some work for it. Some inherit it and some just win the lotto. I don’t care. It’s what you do with it after you get it that speaks volumes. And that’s all I’m going to say about that.

Posted in General Messages | Tagged , , , , | 1 Comment

VR&E ILP SURVEY

Posted on October 25, 2012 by asknod

Did any of you get one of these? I love it when I hear from vA.

It happens so rarely, I get giddy with excitement

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

Washington, D.C. 20420

PIN: 71CF29AF

Dear  Mr. NOD

I am writing to ask you for your assistance in a study that will allow us to assess and continually improve the services provided by the Vocational Rehabilitation & Employment (VR&E) VetSuccess Program. Per Public Law 110-389 Sec. 334, Congress has asked VR&E to complete a twenty-year Longitudinal Study, and submit a report to them every year, which shows the progress of Veterans who have participated in the VR&E, Chapter 31 program. The purpose of the study is to monitor the effectiveness of this program so that we can find ways to improve it and increase the support we provide to Veterans on a daily basis. The results of this study may benefit other Veterans who participate in the Chapter 31 program in the future.Participation in this study is voluntary and your responses will be kept private to the extent of the law. You can choose to stop participation at any time. The information that you supply is protected by law (the Privacy Act of 1974, 5 U.S.C. 522a and section 5701 of Title 38 of the United States Code) and any data collected will not impact any current or future benefits you may apply for.The survey takes between 15 and 20 minutes to complete and asks about your participation in the VR&E program, recent employment or educational experiences, and any recent visits to medical facilities. Once we receive your completed survey, we will send you a check in the amount of $20.00 for your participation.If you agree to participate, please visit www.VRESurvey.org. The PIN at the top of this letter is your identification number that you will need to complete the survey.If you have any questions about this survey or any questions about your rights as a study participant, please contact us at  1-888-595-3872.I hope you will agree to participate in this very important survey. Your participation will assist current and future Veterans utilizing VR&E Services to receive the highest quality and most comprehensive services possible.Sincerely,R.A. Fanning Director Vocational Rehabilitation & EmploymentCopy of Public LawOMB Number: 2900-0786Expiration Date: 08/31/2015

 So, let’s see if I have this correct. They want to pay me $20.00 (US) to dig in my background. Nothing will be sacrosanct and they can identify me using my unique PIN. For 20 bucks I can give them valuable information they will say I “volunteered” when they try to kill my greenhouse request. My responses will be kept private to “the extent of the law.” Since no law is identified and delineated, it is up to a knowledgeable Vet to investigate which law they are proposing to hang him with. vA simply does not flit about collecting information and paying the respondents. This is the third “reminder” since the original request. I did open it up and begin answering questions- right up to when they started asking how much I was making on the side from SSD, stocks, bonds, “other” income, and unreported income from the indoor marijuana farm.  Whoa! Just kidding, Mr. Hollaway. No indoor farming here except for the Ficus tree and Jade plant which are hanging on by a thread.While I wouldn’t mind fielding questions from any survey poll, I have come to realize an ugly truth that anything you tell the vA can and will be used against you in an ex parte court of law.Face it. If they “improve” the Independent Living Program any further, it will become non-existent. Since 2001 in the Bush years, it was pruned down to something much like a bonsai tree version of its former 80s glory. Giving them more “input” to pour Roundup® on it is silly. I really don’t need the $20 as much as I need a greenhouse and I’ll be damned if I’m going to give these chowderheads more ammunition to bushwhack other ILP petitioners. Check this out:
VR&E Longitudinal Study SurveyOMB CONTROL NUMBER: 2900-0786

Employment

7. If you were employed during the past 12 months, how much did counseling, training, job search assistance, or other VR&E assistance contribute to your success?
A lot
Some
A little
X None
Was not employed at any time during the past 12 months
8.

What was your gross income during the past 12 months? (Your gross income includes income you received from all sources, before taxes, including earnings from a job, benefits received from government programs, and any retirement, pension, investing, or savings income that you receive regular payments from.)
$ 0

What’s really eerie is that I just went back on there to copy and paste the above and all the answers I erased last week are back in the blocks that I so carefully deleted. So, on the off chance they try to lift this and dodge the $20 remuneration, they will be blessed with this:

VR&E Longitudinal Study Survey
Household
21. During the past 12 months, what was your gross household income? (Your household income is the combined before-tax income of people who share their income and live in the same home. Typically, this would be you and your spouse).
      $  can’t do math since Interferon treatment
22. Do you own your principal residence? (Your principal residence is the home where you live for at least half of the year).
Yes
No (not sure. Bank says to make plans to move soon)
23. How many dependents do you currently have? (Dependents include spouses, children under 18, children between ages 18 and 23 who are attending school, children who are permanently incapable of self-support because of disabilities arising before age 18, and dependent parents). Please specify what kind of dependent you have (spouse, child under 18, etc).
      # of dependents 2
      Type of dependent(s): Goat/horse. 5 if you count dogs and cat

I may soon discover the meaning of “to the extent of law”. Too bad it’s not in paper format so I could affix my Looney Tunes stickers to each page.

Posted in VR&E | Tagged , , , , , , , | 2 Comments

CAVC KNOWLEDGE–4

Posted on October 25, 2012 by asknod

Once you have been denied at the BVA, your have 120 days and nights to appeal your claim. This is done by sending it in to the Court. If you make the mistake of sending it to your RO or the BVA, it’s still salvageable. Equitable tolling applies if you send it to the wrong PO box. It used to be that this was granted based on the much-vaunted Thursday rule-i.e. if you mailed it on a Thursday, you got this dispensation. Now, after Bailey, we all get it.

Here’s another example of how not to do it. Our new Judge, Meg Bartley, is getting a lot of these in order to get her feet wet. Veteran Ronald A. Nagel has jumped the gun and mistakenly assumed he’s supposed to appeal his RO decision to the Court. It seems a few pro se Vets screw this up. Click here and then enter 12-1100 into the search bar. To make it easier to read, click on the download in the upper left of the page.

Even though it may seem elementary, you must have a denial from the BVA to appeal to the CAVC. But is that always true? “Not exactly” as they are wont to say down at Avis Rent A Car®. There is the much vaunted Extraordinary Writ, sometimes referred to as a Writ of Mandamus. You can count how many times this has been successful on one hand. But on the other hand, you will not believe how it engages the vA process and turns on the hyperdrive motivator. Vets who have been playing the board version of Lost in Space will finally get the double box cars on their dice role and find things moving forward rapidly.

I have discussed the ramifications of a Writ in prior posts, so I don’t need to drown you in more knowledge of same. I merely mention it as one of the tools at your disposal for energizing you pink bunny when the batteries run low. It may be your only recourse because we all know how intractable the vA can be, If (and when) you can get them to give you a denial or SOC on their failure to answer a NOD properly, you can appeal. When faced with a reopening and successful win, you often will get no satisfaction trying to extract the earlier effective date you are owed from them. Face it, vA is loathe to give away money unless its for Karaoke machines in Orlando or Patton lookalikes. This is the legal limbo I find my claim in personally. A filing in March 1994 followed by the standard denial in November. A NOD filed with new and material evidence to rebut and a promise of a new decision in my January 1995 SOC-then silence for years until my refiling in 2007. Oddly, there is no mention of any new evidence throughout the following four years of DRO reviews and appeals. Just an incessant drum roll of “No way, dude”. As many times as I have brought up 38 CFR § 19.37 and VAOPGCPREC 9-97, they have artfully dodged that premise and said no new evidence was submitted. They cling to this and refuse to entertain the idea they may be in error. They continued this yesterday at my Rule 33 briefing up at the Court. As we all know, ignoring something usually magnifies it later down the road. Not so the vA. They will blithely deny the truth right up to the day they arrive at the Courthouse and then suddenly have their epiphany. I suspect that is what will happen to me.

The denial at the BVA brings up another legal ploy. You also have 120 days to employ a Motion for Reconsideration  request to the BVA. It used to be that if you failed to file this at the right desk then you were doomed. vA will now (probably under protest ) acquiesce and grant a motion to “look” at it. Unless you have some extraordinary new and material evidence or some official service department records that are pertinent and would be instrumental in overturning the bogus BVA decision, you claim will be relegated to the circular file. Once informed of this, you again have only 120 days to get your appeal into the CAVC.

In the event your Motion for Reconsideration is granted, it will be heard by an expanded panel of Veterans Law Judges (VLJs). This is done in increments of two judges. Thus, if a single judge heard your case last year, a Motion for Reconsideration would expand it by two to three. It is important to have an odd number to avoid the eventuality of a tie vote-i.e. one judge for and one against- as if that’s ever going to happen. A Motion for Reconsideration can be submitted at any time after a BVA denial. For example, I was denied in 1992 by a three judge panel with one judge AWOL. They both decided against me. If I had so desired, I could have petitioned for a Motion now in 2012. On the off chance that they had granted, they would have had to use five judges. I decided to go for a CUE filing on the 1992 miscarriage and lost. That is now before the Court.

Some less than knowledgeable Vets may make the error of filing shotgun-style with both a MFR to the Board and one to the CAVC mistakenly believing they are playing CYA. This is a wasted effort. The Court will simply dismiss your filing as untimely as it conflicts with the Motion you are filing at the Board. That is waste of $50.00 that would be better spent on 12 gallons of regular for going to and fro from the post office.

Oddly, you can keep filing Motions for Reconsideration with the Board again and again as many times as you wish and still protect your eventual right to appeal to the Court. How comforting to know that Vets can make this a lifetime endeavour if they haven’t already.

Giving credit where credit is due, all of this information is available to Vets in the Lexis Nexis edition of the Veterans Benefits Manual (VBM). While it is rather expensive for Joe Blow Vet to purchase, it is often the bible needed to understand why vA is giving you wallpaper for your denial wailing wall. It is also axiomatic that it will have the obverse effect if you possess it. Since most do not have a spare $250 lying around, I don’t mind picking through my donated copy and enlightening my fellow Vets. If only one of you were to win this year using something I published, then I feel vindicated. The fact that over ten of you have somehow beaten all the odds is immensely encouraging.

The next CAVC installment will continue to explore what vA  rarely tells you about. It’s not a secret but if you do not know, it might as well be.

WE WILL DECIDE NO

CLAIM IF WE CAN

REMAND IT

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ILP–GET ALL YOUR REQUESTS IN EARLY

Posted on October 24, 2012 by asknod

Here’s an interesting case in Independent Living. And I thought a computer was shooting the moon. This makes a greenhouse look like small potatoes.

Over the next year and a half, multiple improvements were made to the Veteran’s home including new door locks, installation of new kitchen and bathroom appliances, the purchase of new furniture (including a new mattress and recliner chair), and fumigation to control a pest infestation. The Veteran was also provided a computer, Ham radio, and YMCA membership. During a January 2008 home visit from a contractor, the Veteran indicated that he wanted VA to procure a free-standing radio tower to expand his ability to transmit and receive signals on his Ham radio. The Veteran was informed that a radio tower would constitute a significant investment of funds and a determination must be made regarding the Veteran’s needs versus wants.

 

The Veteran disagrees with the conclusion that he is rehabilitated and contends that he is entitled to additional independent living services including the installation of a radio tower on his property and the purchase of a fishing boat.

Well, there’s the problem. Most ILP assessment programs run for 24 months maximum. Mr. Detroit has waited until the last moment to up the ante and ask for additional goodies from his counselor. The denial is narrow and based not so much on his needs as it is on the termination of his contract. He does have the option of filing anew and requesting his tower and bass fishing boat. Chances are that will not happen soon, but we don’t know that yet.

So remember all you severely disabled and handicapped Vets. As with claims for compensation, denials for this will run high -as much as 85% or more. Perseverance is the key word and lots of epistles on the subject. When impressing them with intelligence fails, the default setting is to baffle them with bullpoop.

+

Please, sir. May I have some more ILP porridge?

Posted in Independent Living Program | Tagged , , , , , | 3 Comments

BVA–INDEPENDENT LIVING PROGRAM- HOME SPA

Posted on October 23, 2012 by asknod

From the Biggest Little

Town RO in Nevada

In our continuing series on Independent Living Programs, we look at winners. Some reach too far and ask for obvious things which have no chance of success. Remember always the operable word is necessary or vital to independence. Just mouthing these words and making the motions does not produce results. I have written the ILP Bible, but I always advocate getting your hands dirty flipping the pages of the BVA decisions. This always gives you valuable face time with Johnny Vet and his travails with the Man.

Going for ILP requires a strong pair of cheeks. You will get slapped around a bit. They’ll deny SF 1900 even exists. They’ll lie and say “ILwhat?”. Eventually their countenance will change when you don’t go away. At that point, it changes to “Oh, that IL program. Jeesh. Why didn’t you say so?” Present the other cheek to get the denial. Then alternate cheeks to keep them both red until they acquiesce and try to do some horsetrading.  The luscious celery green MAC laptop will magically turn into a Dell pumpkin tower with an $89.95 Dell AIO printer( extra ink not included). Don’t cave in. Hold out for the 20 X 20 heated greenhouse with barometric/ temperature controlled skylights.

Here, Mr. Reno is angling for an indoor spa for exercise.  The RO is trying to hold the ILP line at a cordless phone (Help. I’ve fallen down and I can call 911 now) along with grab bars at the toilet and shower door (talk about independence in daily living!). This is Standard Operating Procedure to outlast you. I like the RO’s argument that the Vet should just hop in la voiture, motor on over to Gold’s and jump in theirs. Well, then there’s that incontinence issue if he should have a little “mishap” and discolor the water somewhat. They might put him on double secret restriction and waivers.

You’ll notice they handed this one off to an Acting Law Judge to let him stumble through the minefield. I have to hand it to them. Mr. and Mrs. Reno did this pro se and won. They assembled their evidence and got a doctor to spit out the magic words. Most importantly, the Occupational Therapist was on board which is paramount. That is going to be my biggest hurtle. I have to find a greenhouse doctor.

Dream big dreams, Padawan.

 What the acting VLJ doesn’t know is that an ILP program is only supposed to take into account service connected diseases and ailments. The good judge has allowed  the introduction of everything wrong with him and bases his decision on that. I only hope the M-21 is equally knowledge-challenged.

Posted in Independent Living Program | Tagged , , , , , , , | 3 Comments

WELCOME HOME, GENTLEMEN

Posted on October 23, 2012 by asknod

I spotted this article on Military.com this morning and am happy to announce two more of our BNRs are now home on American Soil. Only 1,655 souls to go.

 

 

Posted in Milestones | Tagged , , , , , | 1 Comment

NEGATIVE OBJECTIVE

Posted on October 22, 2012 by asknod

NEGATIVE OBJECTIVE

These were always the most frightening of words to hear when we were flying upcountry. Sometimes relayed by Cricket, our 7th Airborne Command Post and sometimes directly on 118.9 frequency, it was radio speak for a pilot down and no hope (or need) of rescue due to death. Negative objective was the equivalent of Extreme Unction from the priest because it was Last Sacrament time. Negative objective was an announcement that no more assets would be allocated towards the rescue. It meant Det. 1, 37th Aerospace Rescue and Recovery Squadron (ARRS) was being summarily ordered to cease and desist and their HH-53 BUFFs (Big Ugly Friendly Fellows) were to return to Long Tieng or Udorn. Negative objective was a statement of finality that also implied BNR (Body Not Recovered).  We had no Geneva Conventions Agreement with them nor they with us. Simply put, we weren’t there militarily so there were no military protocols for the occasion. This was your fate upcountry and what you volunteered for.

When David passed on October 13th, negative objective came to mind. The joy of his returning to health only to be struck down by medical mishap was almost more than we could bear.  With the passage of several weeks, the pain has subsided but not the dissatisfaction. Anger is pointless and retribution is hollow. Why anyone might think they can derive satisfaction from inflicting suffering on another has always escaped me in my sunset years. With nothing left to save, David was allowed to pass peacefully as he had become a negative objective.

Bombing the Pathet Lao back into the Stone Age at age nineteen seemed a worthy endeavour, one that gave me great personal satisfaction for a job well done. Anger didn’t arise until my friends were harmed. After that, the Pleistocene Era seemed too benign a fate for them. I look back in retrospect now and see a man I don’t recognize. I can’t explain  to a sane person today that which I felt 40 years ago. I have a hard enough time convincing myself of my own sincerity.  With age comes compassion for both sides of the equation. I do not feel comfortable with that but reason says I must to remain sane.

Unfortunately, the best seats in the house at a funeral are reserved for the family. When that honor finally befalls you, the feeling is pure dread. There is no joy in Mudville today. Mighty David has struck out. Euphemisms like letting the dead bury the dead are no panacea for easing the pain. All the kind words and hugs do little to assuage the void and the hollow, empty feeling where someone should be.

A friend from this site mentioned it must feel like the leg he lost during the war. He remarked that he can still feel it and it occasionally itches. I suspect I will feel David’s itch for years to come. He will always be in our memory’s chords like a familiar song you can’t get out of your head.

We wish to thank all of you who came to the service and showed your respect for him in spite of his relatively short tenure here on the Peninsula. I would especially thank Pierce County Sheriff Paul Pastor for coming. He quipped ” How could I not come?” I will treasure those words forever in light of his own loss. There are others too numerous to mention here that are deserving of thanks for their help.  I close in praying that none will ever have to experience this loss.  History has taught us nothing if it doesn’t instruct that children should always outlive their parents. Wars have almost always been the reason scenarios like this came to pass. Here, the government’s short-sighted, myopic desire to shape society in their desired mold has backfired.  Hopefully David’s death will be the ultimate instructional video on how to care for the mentally challenged in the future. Should that happen, we feel his passing would not be for naught.

I may forgive but

I will never forget

Posted in Milestones | Tagged , , , , | 5 Comments

vAMC– $10 MILLION FOR SMOOTHIE SHAKES?

Posted on October 22, 2012 by asknod

And we wonder why vA is up poop creek without a rowing device.  Read this one and try to keep a straight face. I advocate for a simple study to determine whether HCV can be transmitted via a jetgun and vA complains it would be

a) pointless

b) too expensive

c) no benefit would accrue to the Vet, and

d) they have far more important things to squander studies that require funding

This is most definitely at the top of my list. Mind you, I feel any research is valuable in this area but $10 million for a study of three hundred Vets? Really?  Let’s play calculator fun and add that up. $33,333.00 per vet?  One must realize that is slightly less than what you get a year based on 100% plus Cupcake ($$34,588.00). Again, really?

In the interest of playing numerology, the recent figures vAOIG came up with vis a vis the Human Resources playcation in Orlando: at $34,588.00 per head, 221 Veterans at 100% could have been accommodated for a year.

What would $10 million buy? Obviously a sh*t ton of Omega 3 milkshakes. What does Omega 3 consist of? Colloidal gold dust? More importantly, are they hiring $250,000 a year researchers to accomplish this? Whatever happened to”Hire the Vet. Your best bet.” Surely we could train some lab techs formerly employed by the military to do the lion’s share of this. Perhaps this needs a little more time on the drawing board.

The miracle is that any monies actually matriculate down to actual,  physically disabled Vets. I hate to make comparisons, but in an ideal world, this would pencil out much like donating to a church fund that helped disadvantaged children in Guatemala. You would hope to see the majority of the funding spent on the children. Without digging too deeply into this, I smell 60% going to overhead and 30% to Vets. The unmentioned 10% is, of course, allocated for human resources conferences in warm locales during inclement DC weather. But I digress…

Posted in PTSD, vA news | Tagged , , , , , , , , | 3 Comments

CONGRESS WANTS vA CHIEF OF STAFF OUT NOW

Posted on October 22, 2012 by asknod

I guess it wasn’t a secret but Shawn sent me this. Heap big trouble for Chief. Congress on warpath. Circle the Teepees. Hide the squaws.

vA’s troubles are not going to abate. Much like the cowboy who shoots himself in the foot, vA has taken this to an exalted level with numerous holes in its boots and no cobbler in sight.

VA Chief of Staff John Gingrich’s new Human resources footache

 

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