Secret Veterans’ Benefits Academy

I really had to hunt for any information about this academy but there is was, in small print, mis-named, on the Baltimore VARO webpage.

The Baltimore Regional Office is co-located with the Eastern Area Human Resource Center (HRC) and the VBA Training Academy.

This appears to be the “centralized location” where VSR/RVSR new hires go to take the Challenge Training Program, new in 2006, but improved in 2012!  Others learn to be instructors.

Recruits travel to MD and live in a hotel.  They study M-F and have weekends off.  The recruits used to spend three weeks at the school.  They now study for eight weeks (page 3).   That pace is still hurried but a little saner.  The previous 3-week residency period was woefully inadequate for the important tasks facing new hires.

The public needs more information about the Veterans’ Benefits Academy, its curriculum and budget. What is taught there?  It’s a secret.  Where is it? The VA would rather you didn’t ask. 

Ed. note: Member Harry and founder of HCVets sends me this morsel.

Posted in Guest authors, Uncategorized, vA news, Veterans Law | Tagged , , , , , , | 6 Comments

BVA–NO TEST FOR HCV IN 72=SPECULATION

I couldn’t think how to communicate this decision logic in 30 words or less hence the speculation header. Try this logic on for size. First, the vA examiner reads the file and concluded the Vet never had hep in service. Someone discovered the error and gave the file back to him to save his ass. Instead of coming up with a logical nexus to explain it, off he goes into the deep end of testing protocol which I’m sure he had to read up on before he parsed the denial.

Here, the RO apparently returned the file to the VA examiner mentioned because he had failed to recognize and acknowledge the treatment, including while hospitalized, the Veteran had received for hepatitis during his military service. But even with the benefit of this additional review, this examiner still was unable to comment on this determinative issue of causation and inception without admittedly having to resort to mere speculation, partly because there was no available test when the Veteran was in the military during the early 1970s that would have permitted doctors to determine exactly what type of hepatitis he had. And based on this examiner’s comments and explanation, there seems little to no chance he will be able to provide more definitive comment on this issue, even if given additional opportunity.

The RO desperately tried to rehabilitate the rater’s reputation by giving him a second shot at it but the Board Judge realizes his best years may already be behind him.  Yes, the Vet wins, but this is classic proof of why haste makes waste. Haste,  measured in years at the Oakland VARO, is a subjective vA measurement much like their mathematics.

Posted in BvA HCV decisions | Tagged , , , , , , , , , , , | 2 Comments

BVA– DIRTY JETGUNS = HCV

This isn’t a snowball rolling downhill yet but it certainly is a banner year for HCVets claiming jetguns. What’s unique about this is that several VA examiners is saying it. The Vet has just dragged in not one but two good nexus letters. The 2010 VA examiner struggles to turn left-handed tobacco into drug usage and it ends up at the Board. This old boy has it nailed as if he’d been taking a chapter right out of my book. vA cannot just let this go by. They can’t even get their own brethren on board so they just keep kicking it back and forth in house until they find a rater willing to fudge.

What the hell? Seems pretty cut and dried but he didn’t win in Atlantaville. How can you get a positive nexus and still lose. Only at the RO. It took a guy with a juris doctor after his name to sort this one out. It’s Vet-4 vA-1 and they refuse to grant. Where’s that good ol’ benefit of the doubt we keep hearing about?

A March 2008 statement by the Veteran’s private physician (M.M., M.D.) indicated that he had been treating the Veteran for 25 years. He stated that the only blood product the Veteran was exposed to was the air gun in service. His ultimate opinion was that the Veteran’s hepatitis C was probably related to a contaminated multiple medication injector (air gun). 

[That’s one]

The Veteran was afforded a VA examination in June 2008. At this examination he reported that he was diagnosed with hepatitis C in 1989 and told that he had been infected for approximately 12-13 years. He reported several blood transfusions, but none before 1995. The examiner concluded that the likely risk factor for the Veteran’s hepatitis C was the contaminated air gun in service. His rationale was that there were no other risk factors.

[That’s two]

A February 2010 statement from the Veteran’s VA liver transplant doctor, an Associate Professor of Medicine and Pharmacology, Gastroenterology and Hepatology at Vanderbilt University School of Medicine, stated the Veteran was diagnosed with hepatitis C in 1990 and he had no additional risk factors for hepatitis C except for the in-service air gun inoculations. 

[That’s three and look at his credentials]

At a May 2010 VA (QTC) examination the Veteran reported that he had been diagnosed with hepatitis C and his symptoms included tremors, swelling of the legs, fatigue, memory loss, and diarrhea. After examining the Veteran the examiner opined it was at least as likely as not that the air gun inoculations from service caused the Veteran’s hepatitis C. His rationale was that if the air gun was not sterilized then it was at least as likely as not that hepatitis C could be contracted.

[That’s four.]

An October 2010 VA (QTC) medical examiner opined that he could not determine whether the Veteran’s hepatitis C was at least as likely as not related to service. His rationale was that the Veteran had admitted to polysubstance abuse in a previous VA treatment record and the record indicated the Veteran was less than forthcoming with information on this subject. See January 2009 VA treatment record. 

[Ruh-oh Rorge. # 5 says Druuugs! So now we have a lowly ARNP at QTC opining on HCV and upstaging a Vanderbilt Hepatologist.]

The Board observes that at the Veteran’s November 2011 Board hearing the Veteran testified that he had used marijuana a couple of times, but that he did not use cocaine and he was unsure where this evidence came from. 

Where indeed? Piehole diarrhea and honesty destroy more claims. Anything you say can and will be scrutinized for later use against you. Of this you can be certain. Absent this off the cuff statement, the vA would have found something else. They usually don’t fight these this hard with all the favorable nexi. I suspect they just couldn’t let their own raters go down that road. Before long it would become an ugly, ingrained habit and vA is not prepared to go there yet. They can bluff until the rest of us die,

Posted in BvA HCV decisions, Jetgun BvA Decisions | Tagged , , , , , , , , , , , , , , | 2 Comments

Use VA Secure Messaging to your advantage

My DH got authenticated at the RO for this VA service a few months ago.  It’s great for checking blood lab results, refilling meds and sending messages to his VA primary doctor.

Since a veteran’s sworn testimony is rejected so often, this service may be useful for evidence in future claims–providing you don’t delete your relevant SENT messages/or replies you receive from your VA health team.  (If you delete a message by mistake, it will go into the Deleted folder.)

Keep it orderly.  An example: 1. Create personal folders under My Folders.  Click Add new folder. In Folder Name type: Refills; click Submit.  From Inbox,  check a RX-related email in tiny box.  From the top drop-down menu, “move selected to”  Refills;  click MOVE button.   Check folder in left sidebar to see if action completed.  You can edit/rename folders later.

Why I like this service:

  • Each email has a unique ID number, is dated and timed (Central Time).
  • In the SENT box, you can see if your email has been read!
  • This is basic and intuitive email app uses larger fonts for easy reading.
  • You can print your emails (which contain email threads). No printer? Use a screen capture tool such as the PC snipping tool and save emails as images on your hard drive.
  • Subject lines are clear and get directed to the right person:  General Inquiry, Appointments, Medications, Test.  You can send now or save as a draft.
  • Application limitations: No forwarding.  No attachments.

Today my DH sent a secure message requesting a new hearing test and hearing aid adjustment.  He reported that his hearing has gotten worse since his last test 3 years ago.

Last week he requested a new pill cutter from the pharmacy and received it promptly via mail.  Meds are refilled promptly.

When his doctor was on vacation, his recent ultra scan results were emailed by a nurse after he made an inquiry.  Less frustration waiting.

This is a vast improvement over telephone communications alone.  Phone calls can’t be  used as evidence, unless you record them (ex. with Google Voice).  With selected VA Secure Messages to your health care team (ID’d, dated and timed) as back-up to your sworn testimony, you’re in better shape.

Caution:

If veterans use the system for frivolous emails, or over-use the system, it could get shut down as the VA is wont to do.

Be careful what you write because your own written words can/will be used against you!  (“Veteran emailed his doctor on Oct 6, 2012 #22675 that he is feeling almost back to new after new medication began. He reports laying a new roof on his house and harvested and split three trees for fire wood.”  Have someone read the email before you hit send

Posted in Guest authors, Tips and Tricks, vA news | Tagged , , , , , , , | 8 Comments

BVA– CUE BY ST. PETE”S RO (4th TIME)

You get that warm, fuzzy, content feeling about your Regional Office when they keep committing CUE and the Board keeps remanding it via the 59th RO (AMC or Appeals Management Center). Its now 2012 and they’ve been playing pingpong with it since 2003.

If this doesn’t make you want to give the rater and his DRO mentor the Howdy Doody award for best impersonation of a human being, there’s no help for you. Seriously. Once to fix a rating defect is acceptable for a defective download from the M-21 ouija board. Remember that the DRO with the Masters Degree signed off on this, too.  Twice and you begin to wonder what they put in the Tampa municipal water supply. Thrice and you decide to check if the family tree is a straight line that crisscrosses.

Now,  the claim also traversed the AMC so it had to have even more eyes on it (three times). Perhaps you have a mental aberration and are dyslexic.  Why, you might confuse 7345 with 7354 if you were a lay person. But if you were highly trained in the Force and are now a Jedi Master, this should be child’s play.

REMAND

Regrettably, the Board finds that another remand is required in this case to further develop the record and ensure proper application of all applicable rating criteria.

The Board has broken down the issue into three issues and recharacterized the initial assignment of a 40 percent evaluation from July 31, 2000, to July 1, 2001, for simplicity. The Board has remanded this case three times, each time informing the RO that it committed error when it assigned a 40 percent evaluation under Diagnostic Code 7354 prior to this Diagnostic Code’s existence and requested that the RO fix this error. See July 2007 decision on page 13; September 2009 decision on pages 2-4; and October 2010 decision on page 8. As of the date of this current remand, the error has not been fixed, and it cannot be ignored. The Board finds as fact that there is clear and unmistakable error in the July 2003 rating decision, wherein the RO assigned an effective date of July 31, 2000, under a Diagnostic Code that did not exist until July 2, 2001. 38 U.S.C.A. § 5110(g). The Board is remanding for the AMC/RO to issue a rating decision wherein it concedes clear and unmistakable error in the July 2003 rating decision, and corrects the error that was made. 

As to the other portions of the claim, the Board cannot decide the portion addressing the 40 percent evaluation prior to January 31, 2011, because it is possible that the AMC/RO would find that a 60 percent evaluation under Diagnostic Code 7345 (in existence in 2000) would be warranted, and an evaluation cannot be reduced because of a change in the rating criteria, unless genuine improvement has been demonstrated. 38 U.S.C.A. § 1155 (West 2002) (“[I]n no event shall such a readjustment in the rating schedule cause a veteran’s disability rating in effect on the effective date of the readjustment to be reduced unless an improvement in the veteran’s disability is shown to have occurred.”). Thus, the Board must wait for the RO to address the clear and unmistakable error before it can decide the increased-evaluation claim prior to January 31, 2011. 

In the October 2010 remand, the Board in part requested that the RO afford the Veteran a VA examination to determine the current severity of his hepatitis C. The Veteran underwent an examination on January 31, 2011; however, the report is inadequate for rating purposes. In this regard, although the examiner provided the results of liver function tests, the examiner did not comment on the extent of liver damage shown by these results. The examiner also stated that the frequency and duration of incapacitating episodes could not be determined, as the Veteran reported them to be chronic. However, the examiner was advised that an incapacitating episode is a period of acute signs and symptoms severe enough to require bed rest and treatment by a physician. Thus, the examiner should be asked to clarify the duration, if any, of such episodes.

Additionally, the examiner noted that the report of a January 24, 2011, liver biopsy was not yet available and that, “The severity of the [V]eteran’s chronic Hep[atitis] C will be known once liver biopsy comes back. Unemployability will be determined when the biopsy results are know[n] and severity can be determined.” See examination report on page 3. The January 2011 biopsy results were not associated with the claims file, and the examiner never provided an addendum to the examination report after having reviewed the biopsy report prior to the case being returned to the Board. 

Given the above, the AMC/RO should associate with the claims file the January 2011 liver biopsy report and return the claims file to the examiner who provided the January 2011 examination (QLL, M.D.,) to obtain an addendum that properly addresses the Board’s questions as set forth in the October 2010 remand

If we were talking birds dogs, I’d have to conclude that dog don’t hunt. We are talking two signatures here. One must come from a DRO who has 10-15 years of experience doing this.  Using the wrong rating code is Rating 101. You don’t make this error if you know how to read the M-21. And if you can’t read M-21, you shouldn’t even be making the coffee there.

So it is with great pleasure that I award the Alfred E. Neuman award to the St. Pete’s RO for their adroit and timely handling of Johnny Reb’s 2003 rating and indifference to diagnostic code etiquette.

WHAT,

ME CUE?

Here I thought this was an anomaly unmatched in the recent annals of RO rating. I found this later and add it in now. Look at my poor neighbor. I knew Seattle had some M-21 challenged raters, but here’s the evidence. 30% for 7312-yep. 60%? No such animal. The BVA judge is scratching his head and apparently has been for some time since the last remand in 2008 hit the “What is it they’re remanding for?” wall. Sometimes you have to actually read the remand to understand what it is you are being asked to fix.

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

FACEBOOK DETENTION

Patricia notified me that someone (Facebook personnel) have placed this in my link to my FB account (Ask Nod). Apparently I have dissed someone somehow or am now considered rude, crude, socially unattractive- not to mention boorish.

Remember the bar scene on Tatooine before they blasted off in the Millennium Falcon  with Harrison and the dog? Think back to the guy who lost his arm to Alec Guinness’ light saber. That’s how I envision this soul. I now bear the mark of Cain. Tricia thinks its the VA’s way of saying “Hi.”  Be daring. Step over the line in the sand. By the way, my publisher put up a nice little blurb on my book that is under asknod run together as one word.

Posted in ASKNOD BOOK | Tagged , , , , , | 4 Comments

BVA– STDS = 98% WILLFUL MISCONDUCT

This is pathetic. When they did it to WGM down in Houston, I thought of it as an aberration-stupid but otherwise just a bad hair day for the rater. What we all forget is that the big cheese DRO had to sign off on this, too. Now you have two idiots out walking around. We call that IOWA. They actually incorporated it into a State name. I’m sure you were wondering about that. But this happened in St. Paul, not St. Pete or Houston. Is it an idiot virus infecting the M-21? Who knows. vA calls it new age rating with 98% accuracy. Now if they’d just take it up a notch to 125 days, we’d really be cooking with gas. Look Ma! No backlog!

 The examiner also provided a “Medical opinion summary” in which she stated that the Veteran’s hepatitis C was less likely than not caused by or a result of his military service. Her explanation was “contact with prostitute(s) while in service in VietNam is his greatest known risk factor fo (sic) hepatitis C. This would constitute willful misconduct and therefore his hepatitis is less than 50/50 probability due to mil. service.”

Whoa! Is that a typo or a slight against Ebonics? Adobe Acrobat abandoned this woman. The last sentence is grammatically incorrect.  Now, keep that thought and bear with me. If he got it from a prostitute(s) that he freely admitted he had sexual congress with unprotected, then it is service connected. This rater is both verbally and mentally challenged.  She wants to say it’s due to willful misconduct in the military but because it’s willful, it is not payable. She inadvertently hamburgered her phraseology and ended up with the above. VLJ Milo Hawley politely steers her back in the right direction but, just like WGM, the die is cast. Its service connection for the St. Pauli girl guy. And contrary to what the M-21s in Houston and St. Paul say, it isn’t willful misconduct. Stupid, perhaps, but not willful. There’s a big financial difference as St. Pauli guy is about to find out. But wait. When Milo speaks, the Minneapolis RO listens:

The Board finds this medical opinion to be evidence favorable to a grant of service connection for hepatitis C. The examiner stated that the most likely cause of the Veteran’s hepatitis C was sex with prostitute(s). Indeed, this is one of the risk factors listed on the questionnaire sent to the Veteran by VA and it is the only risk factor acknowledged by the Veteran in that questionnaire. The examiner’s statement that his hepatitis C was not caused or the result of his military service is not an expert medical opinion because her rationale for that conclusion was her own legal determination that his sexual activity with prostitute(s) was misconduct. As this is not a medical reason for the unfavorable conclusion, that part of her opinion is without any probative value. What is clear from her medical opinion is that the most likely cause of his hepatitis C is his sexual activity with a prostitute during service.

The first question that runs through your mind is “Is this what fluoride does to your brain?”  A close second would be “This is the bubblehead doing my rating?” Gad Zooks. It becomes a scream when you think the GS-14 (DRO) supervising her was part and parcel of this idiot’s delight. Rest assured that no one will be reprimanded for this. Bonus payments will continue apace. Janitors will be promoted to raters and mental competence,  as we know it in the  Minneapolis-St. Paul  RO will  continue to be a rare commodity.

And poor old WGM thought he’d go down in history as one unique guy with the luck of the Viet Cong.

Posted in BvA HCV decisions, Vietnam Disease Issues | Tagged , , , , , , , , , , , , , , | 12 Comments

BVA–ASKNOD GOES TO DC AND LOSES!

Yep. Here I am. I thought I hit this one out of the park.  What was I thinking? Apparently they do not allow new evidence to be submitted during the appeal. If they do then they owe me some serious go  to town, walking about money. Bucks Boulevard. Dollar Drive. Some think I’m doing it for the money. I say I’m doing it because they called me a liar and told me to piss off. Either way, I would have appealed it. I can hear Senator Jim Byrd of West Virginia, his jowls quivering, shouting his trademark “It’s wrong. Wrong! WRONG!”

If you weren’t aware, and perhaps the new kids at vA didn’t notice, they put a date stamp on everything. Twenty years ago they put it on the back of documents. Now they stamp the front and scribble all manner of notes on them. Check this out. That pretty much says “Yes sir, Mr. Nod. We got your NOD and the new and material stuff. We’ll get back to you.”

NOD’s RBA pg 3387

If they had examined my NOD more closely, they might have noticed I submitted some stuff called “new and material evidence”. When you do that, it comes under the heading of 38 CFR §3.156(b) and a new decision must occur. They did it right in my tinnitus claim and awarded it back to 1994. They simply cannot bring themselves to take pen in hand and start writing 60% back to 1994 and TDIU to 1989. I don’t blame them. What am I saying? Of course I do.

Here is the CUE I argued with it. That makes me 2/7 at the BVA- not an enviable record. That’s why I’ve called in the Rainmaker from Michigan. I think his motto is “If you want to win, hire the very best”. This one is going to earn him his shekels. VA made some dumb errors and then declined to discuss them in this decision. If they were to vacate and remand, that lets me introduce all those lovely new records Air America and her boss were finally so kind to share with me. If they just reverse, I’d be very happy. Anything other than affirmation is also Dollar Drive.

 

Posted in ASKNOD BOOK, BvA Decisions, CUE | Tagged , , , , , , , , , , , , , , | 4 Comments

BVA– SERVICE CONNECTION FOR INTERFERON INJURIES

Here’s a handy one to have in your notebook. For all of you who got clobbered by bug juice, here’s the definitive “How I did it” from Don Diego of San Diego. The Don has had a slight loss of quality of life following his “cure”. vA has munificently agreed to give him 40% for puréed brain syndrome. They agreed to some ,but not other, things.  Far be it from me to spoil a predictable vA decision.

Since the effective date of service connection, hepatitis B has been asymptomatic.

For the period from June 28, 2006, through April 30, 2007, the Veteran was undergoing interferon therapy for hepatitis C which resulted in medically established side effects causing symptoms comparable to daily fatigue, malaise, and anorexia, with minor weight loss and hepatomegaly.

Now, to make this work and put all the cars on the right ferry boat. they have to back out of DC 7345 (Hepatitis B) and motor on over to DC 7354 (Hepatitis C). This is to keep the accountants happy. We wouldn’t want to allot any funds to the wrong category like Karaoke machines or helicopter rides.

Since the effective date of service connection, the criteria for a compensable evaluation for hepatitis B are not met, but the diagnostic code is changed.

For the period from June 28, 2006, through April 30, 2007, only, the criteria for a compensable evaluation of 40 percent are met, and the diagnostic code is changed.

The Don was dx’d  and rated with HBV but now they are “fixing it” and calling it what it is-HCV. The bug juice fried him so he gets bus money and a free CATV/cell phone/ hi-speed internet bundle with some chump change left over. I’m sure he’d rather have his health back but we can’t always get what we want.

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

STOP LOSS PAYMENT DEADLINE

Randy sent this over and he’s very right. VA (and the military) doesn’t publish deadlines anywhere newsy like my paper so this helps here:

Good information for new site visitors, nes pas?
Veterans,
I thought you might be interested in this information on the Retroactive Stop Loss Special Pay.  Any service member who was stop-lossed between 9/11/2001 and 9/30/2009, is eligible for this benefit, but the deadline to submit the paperwork is rapidly approaching.  Please help spread the word to all veterans so that no eligible Coloradan is left out.

U.S. SENATOR MARK UDALL
Armed Services, Energy and Natural Resources, Intelligence and Aging Committees
October 5, 2012

Udall Encourages Eligible Veterans to File a Claim for Stop-Loss Payments

Mark Udall urged military service members and veterans who had their military service involuntarily extended between Sept. 11, 2001 and Sept. 30, 2009 to file a claim for Retroactive Stop Loss Special Pay before the program’s application deadline of Oct. 21. The payment, authorized by the 2009 War Supplemental Appropriations Act, provides eligible service members, veterans or their beneficiaries with a $500 payment for each month or partial month served in stop-loss status.

The retroactive stop-loss pay program, supported by Sen. Udall, was established by Congress to provide additional compensation to service members whose military service obligations were involuntarily extended due to increased operational tempo and mission loads following the 9/11 terrorist attacks. Eligible members should visit their specific service’s website for instructions about how to apply online or by mail. Details about the retroactive stop-loss special pay program can be found at http://www.defense.gov/stoploss.

# # #
Bryan VanDriel | Constituent Services Advocate | U.S. Senator Mark E. Udall |  (970) 356-5586 | bryan_vandriel@markudall.senate.gov
Posted in All about Veterans, vA news | Tagged , , , , , , , | Leave a comment