Free: science reference book for judges

It’s been many years since I sat through 9th grade biology class learning about frogs and ponds.  I admit to being scientifically illiterate.  But my lack of science acumen is not disturbing to anyone but myself since the public is not likely to be hurt by my lack of knowledge

Veteran’s families do need to be very concerned and angry about the science illiteracy of judges, lawyers and the “experts” they hire.

The Reference Manual for Scientific Evidence: Third Edition has been published to help judges.  It’s freely available to read (or skim) online or download as a pdf.  The introduction by Associate Supreme Court Justice Stephen Beyer makes the case for science:

…Our decisions should reflect a proper scientific and technical understanding so that the law can respond to the needs of the public.

…The search is not for scientific precision. We cannot hope to investigate all the subtleties that characterize good scientific work. A judge is not a scientist, and a courtroom is not a scientific laboratory. But consider the remark made by the physicist Wolfgang Paul. After a colleague asked whether a certain scientific paper was wrong, Pauli  replied, “That paper isn’t even good enough to be wrong!” Our objective is to avoid legal decisions that reflect the paper’s so-called science. The law must seek decisions that fall within the boundaries of scientifically sound knowledge.

We’ve read a lot of junk science that has been used against veterans in the BVA decisions and encoded into VA manuals.  This ASKNOD post, BVA–Worthless Medical Decisions (4/21/12),  comes to mind as particularly egregious.  To paraphrase Pauli, most decisions I’ve read aren’t even good enough to be wrong. 

Authoring organizations: Federal Judical Center (.gov) and National Research Council.  It’s over 1000 pages but you can select chapters to download if you don’t need the whole text.  Nice!

Let’s get smarter about science.  The life you save may be your own.

Posted in Guest authors, Medical News, Veterans Law | Tagged , , , , , , , , , | Leave a comment

HCV–CLOSING IN ON THE BEAST

Member KC sends me these two articles on HCV treatment. I knew we’d see significant progress towards some new form of treatment considering this is America and home of the 1a genotype. The first treatment discussion is a true, Interferon-free idea and one even I might be capable of tackling. It involves a more nuanced, Plan B attack on the disease shortly after its conception, but before it can take over the body and become an unwanted resident. It shows promise in reducing viral loads (but not a complete cure ) for those of us with a prolonged, on-going infection and poor sustained viral response(uncured).

The second article is more focused on adding or tampering with the ingredients that make up the current cocktail of Teleprevir (or Boceprevir), Ribivirin and Interferon. This triple-tipped pitchfork is what constitutes what we call the Vertex regimen. For those of us with an autoimmune system dysfunction, this still remains as the poison that will kill us.

The body’s autoimmune function is a finely tuned device. It runs around checking out suspicious subjects in your system like Arizona Sheriff Joe Arpaio’s policemen. Anyone without papers gets sacked. Even some with marginal paperwork get the ax too. Adding Interferon sends the AI process into overdrive. HCV normally mutates so rapidly that the body has a hard time recognizing new replicas of the virus and developing the proper white blood cells to kill them. With Interferon added, the white blood cell count is multiplied a thousandfold and the body begins a concerted sweep to eliminate anything suspicious. The idea is to attack everything everywhere simultaneously again and again until there is simply nothing left. If you are extremely healthy, this is feasible but it still exacts a tremendous toll on some, such as permanently impaired vision, fuzzy brain,  major malaise, and fatigue which often never abate. This is why I am not a big fan of the drug. I have seen first hand the effects on many of you. The early versions were the worst. Doctors would hose us with this in unheard-of quantities in the early 90s and pretend to be astounded when our hair fell out and we went clinically blind. They had enough evidence from the test protocols of the 80s to know better, too.

For those of us who have an autoimmune disorder, our system is constantly ramped up to the point that our body’s defense is gestapo-like. Even innocent cells and organs are inadvertently attacked. It’s akin to a rabid dog chasing its tail. Thus you have situations like Fibromyalgia, Rheumatoid arthritis, Crohn’s disease and a host of others that manifest early in life and compound your misery. Throwing Interferon in on top of this is akin to dropping Napalm on a well-engaged house fire. Not only does it kill the Hepatitis, but virtually everything else-including you. Many do not know that Interferon was manufactured in the 1980s as a potential cure for cancer. It worked so well it often killed the host as well as the infection. When hepatitis showed up, they dragged it back off the shelf and touted it as the “new” wündercure.

My one and only encounter April 12th, 2007 was devastating. It might seem criminal to some, but in his haste to hose me with the IFN/Ribavirin cocktail, my hepatologist overlooked my ANA (anti-nuclear antibodies) test which clearly showed an autoimmune process at work (1:320). That one dose provoked a response of epic proportions culminating in my year’s staycation at the Seattle VAMC and four operations. My ANA shot up to 1:2510. It ignited autoimmune hepatitis because my body’s defenses decided that the liver (and the HCV inside) had to go. The gamma globulins (IgG) shot up to record levels (2514) and remain there to this day. They signal to doctors that my autoimmune system is now in high gear and busy attacking anything and everything that appears to be an invader. Where most of you simply suffer the gradual, measured march towards cirrhosis, my liver is being decimated from two different directions simultaneously. Admittedly my viral count stays low due to my AI response, but the Battle in Seattle over my liver is losing ground at twice the normal speed.

After the Interferon subsided, the HCV ran amuck. My viral load jumped from 227,000 to 8.5 million. My Crohn’s, in remission since 1996, came back with a passion and promptly collapsed another 30 cm. of my small bowel. And on and on. What is most frightening is that further testing shows the disease is merely similar to Crohn’s and mimics it. Several specialists attribute this to my two years of Agent Orange and Agent Blue exposure. vA will never acknowledge the role AO and its rainbow flavors play in ramping up the autoimmune disorders but they do not have to. I read in the BVA decisions which we can now view, a host of new outbreaks of Crohn’s (or Crohn’s-like)  diseases and Vets’ doctors are pointing to AO as the culprit. Crohn’s and its brother Ulcerative Colitis (the same thing in the large intestine) are young people’s diseases, usually manifesting before age 25. Virtually all the cases we are seeing in Vets are AO-exposed Vietnam troops over 55- hardly the cohort expected or predicted by virologists and gastroenterologists. All the nexus letters in the world are going to be ignored because the Nehmer Gods have spoken. Crohn’s and it’s progeny are not on the 38 CFR § 3.309(e) list. One hundred years from now scientists will be doing the V-8 headslap and saying “Jez. What were they smoking back then? That shit was lethal. Couldn’t they see that?”

I suspect this may be in part what WGM ran into when he attempted this a month or so ago. His exposure, and indeed, all of ours over many years, tends to exacerbate the body’s response to anything this insulting. Face it, a megadose of rat piss, with a side of Teleprevir salad, is often too much for even the heartiest 60 year old. He did it twice. I did it once. I considered myself in the prime of health (or as near to it as possible) when I started. Within six months my ALT was pushing 620 and the AST was following close behind. I turned into a slug and slept all day for a year before relapsing to Crohn’s and  going to the hospital. I have to hand it to any of you who could not only do it for 40 weeks but even contemplated a do-over again when it failed. The fact that any of you are alive to talk about it is astounding.

The recipe (if there is such) to turning off the AI response is to hose you with prednisone and azathioprine (Imuran) in hopes of turning off the adverse reaction. Be careful. Use of this drug so suppresses the immune system that you are susceptible to the slightest opportunistic infection that comes along. Think colds, flu and especially MRSA/e. coli. The vAMC, in its inimitable wisdom, elected (or neglected) to take me off these two medications when they did surgery. What most do not know (and doctors do) is that prednisone weakens the fabric of the skin-all skin. Skin inside you that comprises the small bowel, for instance. This is theorized as to why my small bowel resection (anastomosis) failed (twice). It took vA doctors almost 3 months following my ileostomy before someone noticed I was still on this stuff and they opted to discontinue it. Believe it or not, I was queried as to why I had not mentioned it or brought it to their attention. Another classic example of blame the Vet.

While I rejoice every time I hear of some great stride forward in the bug war, I remain convinced that they will have to invent a new wheel. The DRACO protocols look the best so far but I hope for a cure that coats or wraps the virus up and prevents it from reproducing.  DRACO causes cell suicide in RNA viruses which would appear right down HCV’s alley. Whether it will induce Vet suicide is the great unknown. Next up would have to be a way to regenerate the liver or convince it to repair itself. It’s the one organ we have that is capable of doing so spontaneously without any persuasion. This assumes there is something left to regenerate and that the disease has not progressed so far as to preclude it. What the hey! That’s what transplants are for. The second article addresses that scenario, too.

So thank you, KC, for spotting these new protocols. Would that those of us too sick or incapable of utilizing Vertex could be the guinea pigs. Time is running short for many as witnessed by our ever-smaller numbers of long-term survivors. I would also suggest being very wary of vA ARNPs bearing Vertex gifts and trying to induce you into attempting it. Vertex still embraces the Interferon blowtorch.  If you were not a candidate for IFN treatment before, adding the Teleprevir will not make it more palatable or feasible. Uneducated vA chuckleheads may not be aware of this. My vA pseudohepatologist in training seemed to think I could hack Vertex. I had to remind her why I wasn’t going to be a guinea pig yet again. Remember folks-they are practicing medicine. This is a far cry from performing it. Be your own best medical defense. If I had read the small print on the circular that comes with the Pegintron autoinjector styrette, I would have known it was “contraindicated” in patients who have a systemic AI issue. Too bad my doctor didn’t read that.

Remember full well there are highly-trained vA  medical personnel out there who continue to hold that absence of evidence of HCV in 1970’s medical records is conclusive proof that Vets were not infected in service. Some of these VHA experts have gone on to say that the fact that HCV was not diagnosed until 2007 when the Vet finally went in to get tested is conclusive proof of recent infection. Now, compound that with the same experts opining that a negative Northern Blot test result (for HIV) is definitive proof that a Vet was not HCV-infected in 1988. The Southern Blot was developed in 1989 and was the first proven test to identify HCV as a separate and distinct RNA virus. Having a degree in medicine is no guarantee your doctor is playing with a full deck.  The sheer volume of defective logic that emanates from the pie-holes of vHA experts is ample proof of a denial agenda in their machinations. Stage/Grade determinations from liver biopsies are still the gold standard for determining the age of an infection. Most accomplished doctors are aware of this but then again it appears most accomplished doctors are never found within miles of VAMCs.

 

vHA Experts

Posted in AO, HCV Health, Interferon claims, Medical News, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , , , , | 2 Comments

VACO*–THE NEVERLAND RANCH IN ORLANDO

As the HR honcho queried, ” Have you had a good time? Is this the best conference ever? Yeaaaaah!” For $5 million US, it better have been. The Under Secretary for Karaoke  Allison Hickey was even there. Absent from the video was any mention of whether anything was actually accomplished. Watch as your compensation and pension denials are carefully rolled over and compounded with cocktails and hors d’ oeuvres. Witness the stunning shift in Veterans Benefits from Veterans to vA employees. Listen to testimonials from breathless VA employees as they recount memorable “networking ” experiences at SeaWorld and Universal Studios.

Many would be quick to denigrate the hard work of our tireless HR workers at vA . Who could have known there were so many employed solely towards the endeavor of trying to hire others for this hard-working agency? The sheer numbers of them boggles the imagination. I wish to thank member Squidley (who wasn’t invited) for sharing this with us. I have asked him to keep his eyes peeled for the other 53 videos delivered to Congress. If they are as delightful and brimming with happy vA employees as this one was, we will sleep well knowing our benefits program is in good hands. It takes the wonder out trying to determine why we get a 20% rating for HCV or DM2 and they get the helicopter ride with the golf package.

Happy vA employees cost money. Surely Vets everywhere can comprehend the need for happiness. Channeling Michael Jackson costs money too. Developing videos to encourage others to become vA employees is a noble endeavor. Never forget it.

WE NEED YOUR MONEY

TO HIRE MORE FOLKS

SO BEAT IT – JUST BEAT IT

I look forward to viewing the video showing the homeless women Vets out in back of the Marriott World Center line dancing and picking through the dumpsters singing Just Beat It in sync with the amazing HR Karaoke Krewe.  Surely they filmed that, too? An interesting choice of song for an HR conference. Feel free to add some new lyrics below. Perhaps vA will be able to incorporate them in next years’s videos.

* VACO= vA Central Office (810 Vermin Ave, NW DC)

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

NPRS–1 POTATO, 2 POTATO, 3 POTATO, 4…

I was talking with the legal member of the Asknod family and we discussed the problems with getting useful documents from St. Louis. Then we discussed the matter of getting anything, useful or otherwise from them. Ladies and Gentlemen, take your protein pill and put your helmet on. Next recline the barcalounger and attach your three-point harness.

The National Personnel Records Center did have a catastrophic fire in 1973-July 12th to be exact. What burned up were a lot of personnel and outpatient medical records of Vets from the 1952-1960 era. The operable phrase is “personnel and outpatient medical records“.

Did you know if you were ever an inpatient in a military hospital that the NPRC has those records. All of them-even for Vietnam era Vets. Yes, you read that right.

Now cinch down the belt again. The NPRC also has your movement orders for the most part. If you were in the Air Force, Navy or Marines, oddly enough your PCS (permanent change of station) records-to include TDY records- are there. Army records are a bit more spotty, but they do exist.

Now why is it you never get them? Could it be you were not anally specific? Did you somehow fail to ask “Please, sir. Would you look in the medical inpatient records for Udorn Thani RTAFB Thailand for the period 1970-1971? Also, while you’re banging around in the back room, could I pester you to look through Air Force microfiche records for all my military files. I didn’t get them the last time I asked. Or the three times before that. Since I know you have them, I’ll try to be as clear and specific as possible for what I am requesting. If you have any questions you can contact me at 1-555-555-1212. My address is 1234 Yellowbrick Road, Oz, Kansas 60609. Now that I know how to ask, be a peach and be quick about it.  Your loyal fan. A. Nod.”

When vA went back in 1989, they raided my file and got the outpatient stuff-period. They took the only copies too. They did not get any military records even though they should have. They damn sure didn’t pester Air America or their employer for my off-road stuff. When I went fishing specifically to see if there were any military records, a wealth of stuff came back but all of it was sanitized. No evidence of moonlighting for Consolidated Industrial Airlines. I didn’t expect to find that. I have told thousands of Vets that if they didn’t keep TDY orders that sent you hither and yon for 60 to 180 days, they were gone. I lied. NPRS has them somewhere in those microfiche files. Getting the NPRC to get off their duffs is the problem.

The job order is about 15-20 records a day if you want to get the bonus. 15 DD214’s is a piece of cake. You can bring a blanket to work and find a quiet corner of the warehouse to  sack out in after 10 AM and still have ample time in the afternoon to update your Facebook page. Chances are most of those fellows and gals are quite adroit at the online games. Some may even have blogs. The long and the short is few of us have ever gotten all that they have to offer on us. How many of you have written two or three times and keep getting partial pieces of the puzzle each time with no duplications? The reason is simple. It has never been completely associated with your main files. If you’re Korean War Vet filing, this is good news. Your stuff, for the most part , is still intact and you didn’t have a clue. Neither did they.

So keep this in mind when you write. List anything. Everything. Be specific about milrecs -especially the microfiched ones. You may be pleasantly surprised.

Go Fishing at the NPRC Carnival.

Posted in Uncategorized | Tagged , , , , , , , , , | 2 Comments

2009 VA flu video

A 2009 VA Channel video on Youtube (1-minute) shows Secretary Erik Shinseki, and other VA employees, getting flu vaccinations.  They’re doing it the only safe wayone needle, one syringe, only one time.  The drug delivery method used in this example of mass immunization is vastly safer in comparison to the era of mass immunizations by filthy jet gun devices.

Suppose that the medical device delivering the 2009 flu vaccines was a MUNJI (jet gun) and suppose Sec. Shinseki knew that the employee in front of him had HIV, HCV or HIV & HCV, would he still get that flu vaccination?  We know the answer would be NO, NO, and NO.

Oddly, when I view this video in full screen, I don’t actually see the needle going into Sec. Shinseki’s skin (at 22-23 seconds).  Maybe it’s my eyesight, the editing, or it’s a pretend shot.  In any case, the video is a reminder to get a flu shot this year.  It’s free at the VA so don’t wait!  Another resource is: http://www.flu.gov/

Posted in Guest authors, Medical News, vA news | Tagged , , , , , | 3 Comments

BVA–ST. PETE VETS GET NO RESPECT

I leave you with this one tonight. Vet goes to Subic Bay. Being typical Navy, he cavorts with prostitutes and gets tattoos. Vet has HCV  flu-type symptoms several times in Subic Bay after cavorting exercises. Vet comes down with HCV symptoms of fatigue and malaise  in 1998 (right on time-25 years). vA examiner, who has extensive clinical experience doing  B/P and  rectal temperature readings opines thusly:

In this regard, the Board observes that the Veteran was afforded a VA examination in October 2008 in order to determine the current nature and etiology of his hepatitis C. At such time, the examiner noted that the Veteran’s June 1973 enlistment examination showed no tattoos, whereas his March 1974 discharge examination showed that he had received tattoos. The VA examiner found that no hepatitis or other liver conditions were noted during the Veteran’s active duty, and that he was initially diagnosed with hepatitis C in 1998. The examiner observed that the Veteran reported that the onset of his actual illness came in 1998, at which time he had fatigue and no energy, and became unable to do his job normally. The examiner further noted the Veteran’s responses that he had obtained tattoos during and after service, and that he had engaged in high risk sexual practices during service. The examiner also noted the Veteran’s response that he had not had any blood exposure. The examiner diagnosed the Veteran with hepatitis C. Etiologically, the VA examiner opined that the Veteran’s hepatitis C was less likely than not (less than 50/50 probability) caused by or a result of his in-service events or risk factors. The examiner based this conclusion on a review of medical literature and records, his own clinical experience, the absence of any diagnosis of or treatment for hepatitis C or any other liver condition during active duty, the Veteran’s admission of receiving tattoos after service (as well as during service), the fact that his other risk factors between his release from active duty in 1974 and his initial diagnosis of hepatitis C in 1998 are unknown, and the fact that his 1988 abnormal liver function lab test is not specific to hepatitis C. 

Well, shoot, Pilgrim. How can you argue with that insightful, well-reasoned theory? No HCV in the 1973 records is a smoking gun. That abnormal LFT in 88? Why, no HCV flies on him.  He should have waited until 1989 for the definitive Northern Blot Test. If you didn’t know any better , you’d think they are pulling this Vet’s leg because he’s from St. Pete. Newsflash. He isn’t the first to get this “unknown risks after service”  tar and feather approach. Remember, absence of evidence in vAland is negative evidence. We all cheat, lie and dissemble in hopes of getting on this Gravy Train. Look at the benefits package.  Scratch that. Look at the free medical for anything you are service connected for. You pay for the rest out of pocket but it’s chump change-just like the compensation payment. If you’re really disabled, the free $10,000 whole life 401K is the ultimate golden parachute. Where could you get a better deal than this? Be fair. Aside from never getting ill in the military, you’d have to continue to work at a comfortable wage with a nice medical benefits package at a real hospital. Getting an appointment would not entail waiting for 3 months but if its free so what’s the bitch?

Posted in BvA HCV decisions | Tagged , , , , , , , , , , , , , , | 1 Comment

BVA– BUM’S RUSH

How many times are we told we do not have the medical expertise to opine on the etiology of where our disease came from or what particular risk was the culprit? Try this one on for size. Vet partied hearty before service and got Hepatitis (probably A). Lists it at beginning of service. Probably donated blood a gazillion times “voluntarily” while in service with no problem. Vet separates and donates blood about a year after service. HAA test on donated blood reveals HAV or HBV. Vet files for HCV in 2006.

Fast forward to the VA examiner in 2010 who figures it all out. Gifted with prescience, the examiner correctly opines that any Hep the Vet is filing for in 2006 was HCV that predated  service. Whoa, show me the test. Stop. The Vet says he was told he had it before he went into service but there are no private medical records and its basically hearsay. Add to that the Vet isn’t a doctor and is not allowed to comment on things medical in nature such as diagnoses. What if he acquired HAV innocently from the hand-dug well too close to the outhouse when he was a sweet innocent boy (before drugs)?

The logic here is akin to a surgeon armed with a chainsaw doing an amputation.

In this case, the Board finds significant evidence to rebut the presumption of soundness with respect to hepatitis. As indicated above, although the Veteran’s enlistment examination did not diagnose the Veteran with hepatitis, he self-reported at that time that he did not know whether he had a history of jaundice or hepatitis. The report of an April 1977 physical examination, signed by 3 physicians, included the finding “has hepatitis agent, notice 1972, NCNS.” While he was not aware of his hepatitis infection until he tested positive while attempting to donate blood after the military, the physicians at that time determined his hepatitis dated back to 1972, prior to his military service. At the September 2007 RO hearing, he testified that he was aware that he had been diagnosed with hepatitis in 1972, prior to service, and that he did not experience any flares of that condition in service. At the December 2010 VA examination he conceded a history of high-risk behavior prior to his military service, to include intranasal and intravenous drug use.

But wait

The only evidence indicating that the Veteran may not have had hepatitis prior to entering service is his own statement on the enlistment examination that he “did not know” whether he had a history of jaundice or hepatitis. His subsequent statements, both as sworn testimony at the RO hearing and as made to the December 2010 VA examiner, are to the contrary.

Does the reader not find it interesting that if this were an attempt to associate it with service, he would be denigrated as having a poor memory and all his testimony should be viewed skeptically with an eye towards not being credible. Here his testimony is to be believed totally. Interestingly enough, he (and all Vets) always seem to end up on the wrong side of the fence when testifying. Hence, if its positive testimony, its incredible and so remote in history as to be beyond the Vet’s ability to recall it. Similarly if its negative evidence that tends to implicate him/her and imply willful misconduct, it is perfectly believable and should be allowed in unabridged because it is probative and the Vet said it out of his own piehole.

Anything you say can and will be held against you unless it’s favorable.

Anything vA says about you can and will be used against you including hearsay.

Anything you failed to say or disremember can be used against you.

Anything you finally remember cannot be credible because you just now remembered it.

Any hepatitis in 1972 occurred before service because that’s when you partied.

Any hepatitis you might have had in service has been dismissed as incredible. You are not a doctor. You can only testify about drug usage. If you didn’t do drugs in service then it’s not service connected.

Absent a PCR test showing HCV in service, a Hepatitis Australian Antigens (HAA) test in 1976 after service is adequate proof of HCV before service even though it was only good for discerning HAV or HBV.

Is this Tijuana School of Medicine logic? You could bust this wide open and drive a Hummer through it. But will he appeal it to the Court? He had until August 5, 2012.

Posted in BvA HCV decisions, Veterans Law | Tagged , , , , , , , , , , , , , , , | 3 Comments

ILP–SILLY WABBIT. GREENHOUSES ARE FOR HR FOLKS

Last Tuesday, in keeping with the standard, paperless VR&E format, my ILP “mentor” came by from the local VARO for a chat. Let’s put that in perspective. He had to drive about 87 miles one way to drop in for a progress report and a chat.  Use of the word mentor here implies someone who teaches you how to accomplish a task. I use the vA meaning of mentor:

 mntôr   n.  one who denies whenever possible.  One who only grants if they must, but only after extensive appeals and with  the smallest amount of compensation possible.          v.     men·toredmen·tor·ingmen·tors Informal

We looked at the Asknod site and he was very impressed. He wanted to know all about the statistics and readership. He wanted to know what kind of content I was posting. In short, he wanted to know if vA was getting its money’s worth out of its “investment” in my computer. Seems like something you could do over the phone or email. VR&E must have a big budget like the HR folks back in D.C. if they can send GS-14s out all day to poke around,  peek in windows and shoot the breeze with disabled Vets for hours on end.

The real problems started to surface immediately. As I mentioned above, my ILP program   has less paperwork than some of the Forward Air Control missions I flew in. Zilch. Zero. We’re talking a 1960s handshake and a “Hail fellow, well met”.  This doesn’t need to be classified or For your Eyes Only. Why the clandestine nature? I literally have nothing anywhere that grants me this computer or denies me the greenhouse. For an agency that drowns you in paperwork (eventually), the complete absence of anything acknowledging receipt of any of my filings is beyond strange. I didn’t even get one of those fancy things that starts out with “You are a Veteran of the Vietnam War. You served in the Air Force from…”

I suspect Kris drew the short straw last year and has to be the waterboy. He speaks often of his boss being the one who makes these important calls. The conversation then took an interesting turn. My mentor suggested that these motions, pleadings and dissertations on the need for a greenhouse were wasted breath. I was encouraged to write as often and as freely as I wished but pissing into the wind was going to have similar results too. The die was cast and the decision had been made.

The next subject addressed was the problem of Imperial Entanglements. This is what happens when you call Senator Patty “NIKE” Murray. She and her minions now descend like a Mongol Horde and make live miserable for the Congressional Interests Desk at the RO. Kris was very unhappy at the prospect of my involving anyone with the honorific of Congressman/woman or Senator. This just created more paperwork, engendered ill will between the Legislative branch and the Veterans Administration and plum made ol’ Krissy and his boss Davey have to work overtime explaining why they can’t do what Congress legislated especially for us in 1980. Certainly I could see the wise thinking here and refrain from that foolishness.  Yep, I nodded, like a country bumpkin. Shure do, feller. Wouldn’t hanker fer that nohow. NosirreeeBob.

The Veterans Administration has, for the last twenty three years, screwed me out of legitimate monies for injuries incurred in war. For my beloved mentor to give me the inside scoop on what the Big Guys were doing was just the opening I’ve prayed for.  By further trying to dissuade me from dragging Senator Sneakers in was the icing. I have attached here the Microsoft Word document with all the salient statutes concerning ILP wrapped up and summarized. It can be adapted by you to file your claim.  This is important because most there in VR&E do not know anything about the IL program. When I applied for it, no one even knew what or where to find the application form. After finally qualifying, my file at the local VR&E was shanghaied back to Seattle where they sat on it. And sat on it. When I finally asked for a progress report, I was called and told it required much development. A week later they called to tell me why I wasn’t getting the computer. After one of my famous letters, they got out the tape measure and fitted me for it.

VR-E Greenhouse 10.8.12 last call

The dance for the greenhouse is more nuanced. I know what I am about and they know I know. Denial now requires very carefully constructed Adobe Acrobat phrases far and above their usual  dangling participle variety. I wager the denial will be crafted by someone with an actual high school diploma. What’s more is that they finally have to deny it in writing which requires more than that high, nasal, whiny voice saying ” Well, ahh, you, ahh, know that to qualify you have to prove that the ahh, greenhouse need is vital, you know, to your ah, independence in daily living. We don’t, ahh,  see that the, you know, greenhouse is vital or necessary. You ahh, have to show that.” No more “Well, this is off the ahh, record but you’re, well,  you know,never going to be approved for this and it will just get messy if we have a lot of legislative ahh, types looking over our shoulder who don’t understand it. Congressional intervention rarely helps and often hinders, you, ahh, you know.”

This is what Senator Murray will be reading the day after tomorrow:

Senator Patty Murray ILP

More recently, last week during his fact-finding expedition, Mr. Kris indicated it would not be in my best interests (and indeed a hindrance) were I to involve you or Congressman Dicks in this conversation. Why he or the Veterans Administration holds that view is confusing. Absent a frank discussion, I will never get any traction on this issue. This is why I write.

And

VA seems to be of a mind that independent living now consists of a cordless phone and a grab bar next to the toilet. Congress did not plan for such an absurd reading of its legislation.

Now for the icing and the little toy greenhouse on top of the cake. I love to save the best for last.

This is the latest 38 USC on ILP-every reference from § 3101 to the real meat in § 3120. Don’t file without it. It alerts them to the fact that you were not raised by wolves and recently disembarked from the USS Mayflower.

Some say I can “turn a phrase”. If indeed I can, this might be an example

As a member of the military forty years ago, I was a stakeholder in America’s freedom. Similarly, as a disabled American with disabilities well over 100%, I find myself today a stakeholder in all that the VA offers. The ILP program was instituted for veterans like me and to fence us out semantically on the turn of a word’s definition is an absurdity that Congress never intended.

I believe I have made my case succinctly and as clearly as possible. In the event my request is still found to be outside the parameters of what Congress envisioned, please send me the paperwork delineating your reasoning and the appropriate forms to facilitate my appeal.

vA has become smitten with the word stakeholder. I asked Mr. Kris what vA’s definition was. A stakeholder is anyone who:

> Has a vested interest in the Agency

> an employee of the Agency

> Veterans who receive medical care from the vHA

> Veterans who receive compensation or pensions from vBA

>Hungry Vets in St. Petersburg looking for people bearing steaks

> Taxpayers who fund the vA

>Congress (both houses)

> The USO

> VSOs

> Little Mikey who likes Life cereal

> The Secretary of the vA

> Contractors who provide services to the vA

> Dead voters in Chicago

> and a cast of thousands more.

vA has a very broad definition for them. Usually it employs the Friday rule and fences everyone out (you had to be born on a Friday, file on a Friday or know somebody who works for vA named Friday). Apparently the reverse is true with stakeholders. Everyone has a voice in it which is very touchy-feely. Stakeholders sing Kumbaya a lot. Stakeholders are interested participants who have a stake in making our lives better. If you are reading this, you, too, are probably a stakeholder. If you’re reading this in St. Pete and you’re hungry, you’re in the wrong line. We’re not holding any steaks.  But what I discussed above might help to set a President.

Mikey. Hey, Mikey. He likes it.

And of course I baited the hook with a USPS 3817 to see if they try the “Huh? We never got it. Now if you’d had a responsible VSO, they would have accomplished this.” News and film in 2016.

Posted in Independent Living Program, VR&E | Tagged , , , , , , | 4 Comments

CAMP LEJEUNE SURPRISE

Got disease? Check. Got requisite service? Check. Got nexus? Well…. gee, I think VA supplies that, right? Roger that, Pilgrim. Denied. No nexus included.

Member Shawn sends us this pathetic attempt to resolve all doubt in favor of the Vet. Result? 84% denial rate. In an eerily similar situation, Marines are getting the dry end of the water trough at 84%. Keeping in mind that VA’s denial rate averages 85%, it’s hard to fathom why Lejeune denials are off by 1%. Same VA. Same raters. Same Bat Time and same Bat Channel. What’s different? Ahh, padewan. The new VBMS is finally paying off with 98% accuracy. What else can it be?

 

Camp NoWay, N.C.

Posted in Camp Lejeune poisoning, vA news | Tagged , , , , , , , | 5 Comments

VA MEDICAL MALPRACTICE IN KENTUCKY

This will go down in Federal Tort Claims Act(FTCA) lore as one of the most horrendous of VA’s legendary medical malpractice suits. Vets can commiserate with Mike Nash. Around the hallowed halls of the Davy Crockett VAMC, this one will be talked about for years. How it could happen is not anyone’s guess. VA medical personnel are renowned for dumb things. They have worked hard to earn their unenviable reputation. I remember reading about the two-pint transfusion I had late one October night in 2009 while a guest of the Seattle VAMC. Unfortunately, I didn’t read about it until a year later. VA neglected to tell me about it somehow, just as they overlooked that little myocardial/septal infarction shortly thereafter. It seems they had overdosed me on Heparin and needed to “fix” it. Why bother the Vet by waking him up and making him worry needlessly?

I regularly hear from many of you when you finally exercise your right to your medical records. Many come here shortly after saying that they only found out recently they had HCV and VA never told them. I can hear that Jim Nabors echo of Gomer Pyle in the background (Surprise, surprise, surprise, Sgt. Carter). They ought to hang a banner and a picture to that effect over the entrance to every VAMC. Even better, they should name a new VA medical facility in memory of Mr. Nabors.

Here, Mr. Nash has simply tried to improve his quality of life with a circumcision and a penile implant. Murphy’s Law, as usual, has reared its ugly head and Mr. Nash is going to need much more medical attention than he anticipated. This happens so often there ought to be a name for it. Oh yes. I neglected to consider medical malfeasance. vA calls this type of thing a medical misadventure. Mr. Nash knows it by the name of “Doogie Howser does Lexington”.

Looking back on my adventures in VAland, I don’t find it remarkable. I remember my doctor being ecstatic that they had finally (and successfully) managed to glue me back together with no leaks on the fourth try.

Posted in Medical News, vA news | Tagged , , , , , , | 5 Comments