Lance Armstrong and a different rigged system (updated 1/18/13)

Posted on September 1, 2012 by Laura

As you know, Lance has been stripped of his titles and banned from cycling for his lifetime by a partially government-funded agency.  There is no physical evidence that he ever used performance-enhancing drugs.  But some people have said that he did, and therefore, his career has been ended.  He says he’s innocent but tired of fighting his accusers and the system.

Sally Jenkins has written two books with Armstrong.  I read the first, It’s Not About the Bike (2000), earlier this summer.   This is the memoir of a much younger man but even so,  the doping allegations don’t jive with the tenor of this first book.

Jenkins writes in the Washington Post:

“I have so many problems with USADA, the World Anti-Doping Agency and the Court of Arbitration for Sport (CAS) — which is supposed to be where athletes can appeal, only they never, ever win — that it’s hard to know where to begin. American athletes have lost 58 of 60 cases before the CAS. Would you want to go before that court?

Anyone who thinks an athlete has a fair shot in front of CAS should review the Alberto Contador case. Contador was found to have a minuscule, insignificant amount of clenbuterol in his urine during the 2010 Tour de France. After hearing 4,000 pages of testimony and debate, CAS acknowledged that the substance was too small to have been performance-enhancing and that its ingestion was almost certainly unintentional.

Therefore he was guilty. He received a two-year ban.

CAS’s rationale? “There is no reason to exonerate the athlete so the ban is two years,” one member of the panel said. Would you want to go before that court?

The decision was so appalling that even the Tour runner-up, Andy Schleck of Luxembourg, couldn’t swallow it and refused to accept the title of winner…

When are people going to grow sick enough of these astonishing overreaches and abuses to do something about it?…How does an agency that is supposed to regulate drug testing strip a guy of seven titles without a single positive drug test? Whether Armstrong is innocent or guilty, that question should give all of us pause. How is it that an American agency can decide to invalidate somebody’s results achieved in Europe, in a sport it doesn’t control? Better question, how is it that an American taxpayer-funded organization can participate in an adjudication system in which you get a two-year ban because “there is no reason to exonerate” you? At what point is such an organization shut down and defunded?”

The French are happy with the Armstrong decision.  I, for one, am not.  Had he tested positive, I’d say justice was done.  But that’s not the case.  In the meantime, his foundation is fighting cancer and making the world a better place.  Donations are up, not down.  No one can take that away from him.

Kangaroo courts, say Merriam-Webster, pervert and disregard the principles of law and justice.  There are disturbing similarities between the courts veterans have to deal with and those that athletes must.  Most veterans give up fighting when they lose their claims.

__________________________________

Update:  January 18, 2013.  Well, Lance Armstrong has confessed to doping, lying and cheating about it–for 13 years–during an interview with Oprah Winfrey.  As a representative of the United States in the endurance sport of cycling, he’s let us all down in a very big way.  The anti-doping agencies however need to be reformed from what I’ve read.  In this case, they were spot on.

Editor’s note:

Speaking of Kangaroo Courts, I received this from the Bobmeister in Mosquitoville the other day. It’s disturbing to see the focus of vA’s animosity directed towards the small players in the game. While I certainly don’t condone stealing from the government, and abhor the idea of padding the mileage for travel pay, I feel they are losing sight of the bigger picture. The longer the backlog festers, the worse the accuracy statistics will become. It’s axiomatic that haste makes waste. Turning the claims process into an assembly-line procedure has yielded little in volume. Considering the much-quoted figure of a 60% error rate based on remands, things will get more Kangaroo before they get Wallaby.

Posted in Guest authors, vA news, Veterans Law | Tagged , , , , , | 1 Comment

PRICELESS FACEBOOK

Posted on August 31, 2012 by asknod

This took a Phonics expert to put together.

Sound it out.

Posted in Humor | Tagged , , , , , | 4 Comments

STARDUST RADIO APPEARANCE SUNDAY @ 1900 HRS CDT

Posted on August 31, 2012 by asknod

Rick Townsend at Firebase Adrian on Stardust Radio has graciously allowed me to return for an hour of claims discussion on my new book on Sunday. The kickoff is 1900 Central or 1600 on the Left Coast. That’s 8 PM for all you down in St. Pete if you have your power back yet. Call in to the show if you have a question!

 

 

Posted in ASKNOD BOOK, NEW BOOK, Stardust Radio | Tagged , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment

VA solves backlog problem before election

Posted on August 29, 2012 by joeaveragevet

Yep.  They did it, after all.   The VA now has an answer to how to solve the backlog problem.

No long analysis needed.  It works.

So, how do you get a quicker wait time?   One word.

MOVE

That’s it.  Problem solved..or is it?  Did they read the manual below?   What if “too many Vets” move from Oakland, Los Angeles, or one of the other busy RO’s to South Dakota?   Won’t that RO then be behind?

But wait..there’s more!

Doesn’t the VA already “farm out” claims to regional offices with less backlog?   Why is that not working?  Oh, I forgot.  The VA hasn’t figured out how to manage 58 multiple Regional Offices at the same time.  

Perhaps, if we review “the VA executive compensation guide”, pictured below,  we can find out why.

This guide, while created for VA executives to justify their bonuses, could be useful to others at times.

Hmmmm..

Sounds like the VA never thought of that!

Editor’s note:

The attachment on Move above has a lovely interactive map further down in the post such that you can put your cursor on it and drag it around to expose your specific state. Then place your cursor over the circle to see how many days wait to expect and what kind of increase (or decrease) your local RO is experiencing. If you have heart trouble, I suggest letting your spouse do it and gently break the news to you.

I find it interesting that Seattle shows a 37.9% decline in claims. How can that be? They’re transshipping them sideways out to Salt Lick City!  But SLC shows an increase of 54.3%. So does the increase represent the overflow from SEA RO making it (SLC) a net importer of claims? (Hint. Use vA math).

This resembles “Which of these 3 walnut shell is the VA claim hiding underneath? Watch closely. The RO is quicker than the Vet’s eye.

I’d dearly like to file this in humor but it is sadly true.

Nod

P.S. Attached is a really nice version of the same map.

Posted in Guest authors, VA BACKLOG | Tagged , , , , , | 1 Comment

CAVC–TYRUES v SHINSEKI- PART TROIS?

Posted on August 28, 2012 by asknod

Welcome to Larry’s ping pong game. Larry’s been playing this one since 1998. He lost here back in 2009 and took it upstairs to the FED Circus. They piddled around with it and got into a big diatribe about the Henderson concept of the inviolability of the 120 day rule on NOAs.

The Court has neatly sidestepped that issue and moved on to the separability of a claim argued under the theory of two distinctly different theories. Schroeder and Clemons gave us the precedent that a claim argued under two separate theories is still one claim and cannot be bifurcated into two disparate ones. That much is established law. Tyrues attempts to do an end run around this with the novel precedental theory that a claim for one disease/injury on a direct basis can also be considered a separate one for a presumptive illness. Once divided, both (rather than just the original one) must be appealed within the prescribed times dictated by the Court.

Judge Lance ably articulated his dissent (with Judge Schoelen) thus:

Thus, it is entirely possible for a claimant to diligently contest his or her claim only to discover that he or she has forfeited part of it because it is not obvious to a lay person that a Board decision must be appealed immediately when part of a claim has been remanded for further consideration. However, the solution to protecting diligent claimants is not to sub silentio overrule this Court’s decision by applying equitable tolling in the absence of evidence. Rather, it is to simply base our decision on a realistic expectation of diligence on the part of claimants who lack attorneys to advise them. Accordingly, the Supreme Court’s decision to remand this matter for further consideration in light of Henderson v. Shinseki, 131 S.Ct. 1197 (2011), highlights one of the central flaws of the majority opinion.

Tyrues v. Shinseki (2012) (Tyrues II)

This is interesting law insofar as Larry was pro se for a good portion of the claim up to the filing (late) with CAVC. The Supremes kicked it back using 120 day Henderson logic as I mentioned but the ensuing argument has now devolved into whether he filed before Henderson (he did). Based on that, he loses.

More importantly is the argument vis a vis bifurcation. I filed in 1994 for Porphyria as a) directly a secondary of HCV or b) due to Agent Orange. The Seattle RO ruled narrowly that I was never in Vietnam (ergo no presumptive exposure) but ignored the premise based on the Hepatitis. They do that a lot at all ROs. Don’t feel pregnant and alone.

Larry here has hit the wall in a similar situation. He filed under two separate theories but the BVA denied on one and remanded the other for more development. You and I, being rather unsophisticated, would probably interpret this as a a claim partially denied and another bite at the apple on theory #2. You and I would be very shit out of luck according to the CAVC as of August 23rd. There isn’t much difference between his situation and mine. However, the RO didn’t turn mine into TWO separate claims. Actually they never finished the second half of it in 1994. They just ignored theory #2.

Larry was ultimately denied the second hypothesis and filed his NOA. The Court said “Too late” and that’s what provoked this ping pong game. After turning several magnificent old growth trees into pulp for this project, we are now at the beginning of what will probably represent a new assault at the 3rd Fed. Cir. Larry is getting old. He’s got 14 years into this project. To give up now would be to acknowledge that the VA is right. I don’t think he will.

If the VA is permitted to take a claim and convert it into whatever they say they think you were “attempting” to file for (often referred to as construing), we are in deep doo-doo. They currently do this all the time. On the other hand, taking the claim and making two claims out of one based on separate theories is spooky. What’s to prevent a prosecutor from charging you with the crime of murder for one corpse. If he fails on that theory, can he then get a remand and a do over on the second theory? Doesn’t double jeopardy enter in here somewhere? Equitable estoppel anyone?

Larry has a long row to hoe and I smell trouble. The longer this festers the less justice will be dispensed and a desire to move on judicially will take root. What it portends to pro se Vets is a legal nightmare. When is a claim a claim? When is a claim actually two disparate claims  based on two different concepts. Who gets to decide? Do they have to tell you or are you supposed to learn Braille? All these queshuns.

Posted in CAVC/COVA Decision, Fed. Cir. & Supreme Ct., Important CAVC/COVA Ruling | Tagged , , , , , , , | Leave a comment

PUBLIC SERVICE ANNOUNCEMENT

Posted on August 28, 2012 by asknod

Say no to drugs. Any drugs. Share this with all your animals.

 

C’mon, Ralphie. It’s my turn. You’re bogarting it and goobering up the end with slobber. How come I always get seconds?

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SVR RADIO APPEARANCE @ 1200 HRS CDT TODAY

Posted on August 28, 2012 by asknod

Just got the invite at the last moment. See you there or you can listen to the archived version later if you miss it. It will be available at Hadit.com. A warm thank you to JBASSER and all the excellent Vet helpers over there for making this happen. 

P.S. Update.

Gerrel and the boys at Hadit.com are a wonderful bunch. Why wouldn’t they be? Veterans as a subset of the American citizenry have always been the first to role up their sleeves and get things done with the assets at hand. We don’t require long delays with Environmental Impact Statements. We don’t do feasibility studies that cost hundreds of thousands of dollars. We don’t congregate in warm places like Orlando and beat it to death with our lips. Much like that famous Veteran Alexander the Great, we cut the Gordian knot and proceed to git ‘er done. The gentlemen I met today are movers and shakers. They epitomize the theory that sitting on your hands is not an option. I thank them profusely for the invitation and hope I passed the audition.

Posted in All about Veterans, ASKNOD BOOK, NEW BOOK | Tagged , , , , , , , , | 2 Comments

VETS BEING “UNFAIR” ABOUT FILING CLAIMS

Posted on August 28, 2012 by asknod

Here’s an interesting take on why we have such a humongous backlog. Blame the internet. If all those Vets returning from Iraqistan would quit filing three page lists we could eliminate it (the backlog) next year. Hellooooo? Nobody told us to run out and do it when we returned to the world in 1970. Nobody said boo. Most were lucky if they got a separation physical in the cattle drive for the Main gate to get off base. Now we are informed that these greedy Vets are just gaming the system with a heap of claims filings. Not good. This is why we’ll never get out from under the backlog- in 2015 or 2020. The process has to change to paperless and the protocol has to be one of grant obvious claims now and do an audit (a la Filner) soon to confirm. When you come home missing a piece of scalp from an IED, it shouldn’t take 16 months to confirm you didn’t cut your scalp shaving. If you come home and tend to sleep in the bathtub with a .45 ACP , it’s safe to say you have  some bent brain box issues that need resolution. Sure, Vets fake symptoms to get compensation or so it is said. But seriously-all of us? Everyone of us has to be put under a microscope and examined for credulity? They trusted you with guns, hand grenades and Big Boy toys for 4 years but you might be cheating to get $350.00 a month? Member Bob sends me this explanation:

Army Times
September 3, 2012 
Pg. 8

Complicated Claims Slow Down VA Payments

Backlog stands near 867,000; average wait time hits 257 days

By Rick Maze

More complex disability claims filed by new veterans and supplemental claims for increased benefits appear to be the major factors in the large and still growing backlog of unprocessed claims.

Veterans Affairs Department officials have cited complexity as one reason for a backlog of 866,928 compensation and pension claims piled up at its regional offices, including 575,711 that are more than 125 days old.

VA data shows that Iraq- and Afghanistan-era veterans are averaging slightly more than nine disability issues per claim, far more than any other generation of veterans since World War II.

Gerald Manar of Veterans of Foreign Wars said he has seen claims with up to 75 separate disability issues — and has heard of one that lists 125 disabilities.

“It looks like some people are going through their medical and personnel records and writing down every time they went to the clinic and every time they saw a corpsman, for a splinter or for something more serious, because they don’t want to leave anything out,” said Manar, deputy director of VFW’s national veterans service.

More medical problems

Iraq and Afghanistan veterans are filing claims with more total disabilities for several reasons, Manar said.

For one thing, these wars have seen much greater use of National Guard and reserve troops than earlier conflicts. Reservists “tend to be older than their active-duty counterparts, making them more subject to wear and tear on their bodies,” Manar said.

He also noted that many troops deployed multiple times to Iraq or Afghanistan or both, while most Vietnam vets — whose claims average less than six disability issues — deployed for one year and then left active duty.

“More deployments means they are subject to greater opportunity to be exposed to [improvised explosive devices] and other hazards,” he said. “The greater time deployed, the greater opportunity for injury.” Joe Violante of Disabled American Veterans said another factor in claims complexity is outreach.

“When I got out, I barely knew what benefits were available. Today, there is a big difference in awareness,” said Violante, DAV’s national legislative director and a Marine Corps veteran who left service in 1972.

Pre-separation briefings are making troops smarter about getting service-connected medical conditions documented in their records, Violante said.

“I really don’t think they are whiners,” he said. “These are people doing what they should, and what has been recommended to them, so they can receive the benefits they have earned.” The general rise in awareness also is reaching veterans of earlier generations with medical problems they may not have thought of as service-connected.

Violante said one Vietnam vet recently called DAV for help on finding a private doctor to work on an artificial limb “because the duct tape he’d been using wasn’t working anymore.” The veteran was surprised to learn VA would help him — if only he would ask.

Neither Violante nor Manar said he believes an increase in mental health-related issues is a major reason Iraq- and Afghanistan-era vets are filing more claims.

That in itself “is not a reason for the backlog,” Violante said. “We know about 20 percent of returning veterans have reported mental health issues, but that is just one of the many disabilities they appear to be claiming.”

A sharp spike

Since 2001, claims received by VA have jumped 94 percent, with 1.3 million received in fiscal 2011. VA records also show the number of people involved in processing claims has risen 97 percent over the same period.

Of 866,928 benefits claims pending as of Aug. 18, 37 percent were new. The rest were supplemental claims, mostly from people already getting disability benefits seeking to increase their ratings by adding disabilities or showing their disabilities had worsened.

Only 31 percent of original claims in the backlog are from Iraq- and Afghanistan-era veterans; 30 percent are from Vietnam-era veterans or survivors, 19 percent from veterans of the 1991 Persian Gulf War and the rest from other generations.

VA records show processing time is slowing. In 2001, the average time to complete a claim was 181 days; that’s now 257 days.

Accuracy on claims decisions also has regressed. In 2001, VA had an 81 percent accuracy rate. VA officials said the rate improved to a peak of 90 percent in 2006 but has slipped to 86 percent today.

Violante said he doesn’t put much faith in VA’s pledge to begin reducing the backlog by 2015.

“We’ve seen a change in mindset in the top leadership of VA to get something done, but I don’t believe the culture that has allowed the backlog to grow has changed,” he said.

Despite some improvements, Manar said, “It still looks like it will be more than 20 years before the backlog is eliminated.”

Complex claims

One reason the Veterans Affairs Department’s backlog of pending disability claims has remained high is that veterans of the wars in Iraq and Afghanistan, as well as the 1991 Persian Gulf War, are filing more complicated claims, listing more medical problems, than veterans of earlier conflicts. The average number of medical conditions per disability claim, by conflict era:

Iraq/Afghanistan wars: 9.14

1991 Persian Gulf War: 7.53

Vietnam War: 5.21

Korean War: 3.84

World War II: 3.71

SOURCE: Veterans Affairs Department staff

So, gentle reader. What can we take away from this? I see a lot of Vietnam claims (30%) from where I stand. vA insists that the AO balloon has passed through and is waning on the new presumptives. I strongly disagree. What I see is knowledge of how to do this growing among eligible Vietnam Vets and a growing awareness that their sickness can be attributed to disease/injury in that war. VSOs are also instrumental in that older Vets from as far back as the Korean Boundary Dispute are joining fraternal organizations and being apprised of their eligibility for NSC pensions and the like. Add in widows of Vets from WW2 forward and you have a rush to the feed trough. Congress mandated these benefits so those who avail themselves of it shouldn’t be considered greedy.

By serving, we earned certain rights. We shouldn’t be painted as greedy money grubbers for acting on it. That’s pretentious. We certainly should not face the opprobrium of the vA for this. Blame the politicians for their bellicose behaviour-not the unfortunate Vet who is the collateral damage.

Here’s an example of a cattle drive to the Main gate. PTSD? No way, dude. It’s antisocial personality w/ passive aggressive tendencies. Coughing up blood? Too many smokes. Painful left hip? Beats us. We can’t figure it out so its not SC. Next?

 

That’s funny. Nobody knew about Agent Orange in 1973. The doctor suggested I smoked too much. I sure didn’t. That would be the “civilian doctor” Air America employed.

Posted in AO, VA BACKLOG | Tagged , , , , , , , , , , , , , | 3 Comments

TODAY’S FACEBOOK WINNER

Posted on August 27, 2012 by asknod

I’m apolitical in that I feel they’re all crooks on both sides of the aisle. I have to go through my Facebook and weed out all the diatribes pro and con every day now. This one I couldn’t resist sharing:

Please. No comments. It is what it is. A takeoff of a very endearing movie. I merely find it humorous-nothing more. The scarecrow could have said “I’m a Republican” and I would still have published it.The election is getting nastier every day. Tomorrow they’ll probably paint Toto as a Libertarian.

Posted in Humor | Tagged , , , , , | Leave a comment

VA “Maps” and “How to get away with crime?”

Posted on August 27, 2012 by joeaveragevet

What is the The easiest way to ripoff the VA and not be prosecuted?  Do it from the “inside”, not the outside,  as either a VA employee, or contractor.     I thought the VAOIG’s job was to “protect” Veterans, not “prosecute” them.  Yep.  If you want to rip the VA off, then do it right and become an employee or contractor.

No, this is not an article on “how to” commit a crime and get away with it.

Instead, its a “Why” VA employees get away with murder, while Vets are prosecuted for much lesser crimes?   This trend makes one wonder where this comes from.  Is it from the bottom?   In addition to “blaming Veterans” for the VA woes, the VA loves to blame junior employees.

Ok. You Don’t beleive our VA would do “this” to our Veterans they are supposed to be serving?  Neither did I.

Here are a few VA employees who got off scott free, or, at least their “spankings” were not widely published:

Here VA employees in Detroit, in order to deceive management “hid” Veterans claims instead of processing them.

This article shows a “map” of Veterans “ripped off” by VA employees who “contracted” with their “favorite” thugs to steal money from Vets.  The VA does an extensive and complex  check on Veterans to ensure Vets are entitled to benefits, but their fiduciaries?  No criminal checks are necessary or desired.   Smells like a “payoff” to me.

Oh, but if you are a Veteran...expect the VA to throw you in jail and throw away the key, for what its VA employees do regularly.

While I am not condoning the stealing of our government’s (or Veterans) money, these Vets stole, perhaps, $36,000.  Peanuts.  Insider theft is hundreds and hundreds of millions or, more likely, billions.  Remember this is just ONE vA conference.  It does not appear the others were investigated.  Can someone explain why Vets allegedly stealing a mere 36 grand are prosecuted, while VA  employee crooks abscond with millions and go free?

This VA executive was caught shredding Vets evidence and got “promoted” to VA Central Office, instead of being prosecuted.

All of this makes me wonder just “WHO” does the VA really represent?  Its employees or its Veterans?

Posted in Complaints Department, Guest authors, SHREDDERGATE, vA news | Tagged , , , , , , , , | Leave a comment