CAVC–ACEVEDO v. SHINSEKI– TWISTING THE MEANING

Claims appealed to the CAVC should have to pass the smell test. This one didn’t. Bernadine Acevedo should be ashamed of herself. Actually Bob, Zach, Myung and Alexandra from the Providence Rhode Island Improv Society should have to apologize for trying to infuse this with any legitimate legality.

What Bernadine is trying to attempt here is to call “hostile military activity” the same as a fellow serviceman assaulting her in a hostile manner. Biiiiiig difference. If the hostile member had been that NASDAQ Sand Rancher Major down at Fort Hood, she might have gotten a modicum of traction. Here it isn’t going to fly.

PTSD has been liberalized to make it easier to claim. At the same time they (vA) have changed who gets to say that you are or are not bent. What you cannot liberalize is the concept that the guy raping you is a hostile military force. He’s hostile and no doubt in the military but he’s in our military, not Iraq’s or the Taliban’s.

38 CFR §3.304(f) (3) is for MST bent brain and always will be. § 3.304(f)(5) will always be reserved for ragheads shooting at you and making you nervous. Trying to twist the meaning and torque it into what Bernadine and company is attempting is an insult to the process and wastes valuable judicial resources.

We all eagerly await our bite of the apple there and for this young lady to use such a lame legal theory speaks volumes for what Vets shouldn’t waste their time and energy on.

Posted in CAVC/COVA Decision, Gulf War Issues, PTSD, Veterans Law | Tagged , , , , , , , , , , , , , | 3 Comments

An arrest today

A “traveling lab technician” was arrested in a hospital bed today U. S. Attorney John Kacavas announced.  As one NH reporter writes, “U.S. Attorney John Kacavas, flanked by a cadre of local, state and federal officials….announced Thursday that David Matthew Kwiatkowski, 32, a former Exeter Hospital employee, has been charged in connection with the hepatitis C outbreak that has affected at least 30 hospital patients….Kacavas said authorities are working with officials in at least six other states where Kwiatkowski worked previously to address any possible public health implications in other parts of the country.”

The suspect is being called a “serial infector” by the press–a term far too kind if he is guilty.  Authorities believe Kwiatkowski stole syringes containing Fentanyl and injected himself with them; he filled the used syringes with another liquid which were later used on patients. The investigation began in May yet “We are closer to the beginning of our investigation than the end,” Kacavas said.

This arrest is only dealing with the strain authorities believe infected 30 patients.  There may be other victims in other states. But in NH, 12 other Cardiac Cath Lab patients have tested positive with different HCV strains.  They deserve answers and care from Exeter Hospital too.

For more information about the arrest:

NH Public Radio: All Things Considered has posted short interview with Atty. Kacavas.

Exeter Hospital’s 7/19/12 update is terrifying.  How did this man pass all the pre-employment drug tests?  How did he get all those drugs?

Posted in Guest authors, HCV Health, Medical News | Tagged , , , , | Leave a comment

Top 10 Reasons Why Men Prefer Guns Over Women

Here goes…

#10 – You can trade an old 44 for a new 22.

#9 – You can keep one gun at home and have another for when you’re on the road.

#8 – If you admire a friend’s gun and tell him so,                                                                         he will probably let you try it out a few times.

#7 – Your primary gun doesn’t mind if you keep another gun for a backup.

#6 – Your gun will stay with you even if you run out of ammo.

#5 – A gun doesn’t take up a lot of closet space.

#4 – Guns function normally every day of the month.

#3 – A gun doesn’t ask , “Do these new grips make me look fat?”

#2 – A gun doesn’t mind if you go to sleep after you use it.

#1 – You can buy a silencer for a gun

I will get some flak for this. My wife says I lack a “Filter”. I’m still not sure I know if that is a good thing or bad. I think its rather exciting not having a clue what’s going to come out of my mouth next.

Posted in Humor | Tagged , , , , | 1 Comment

GOT JAM?

Ever worried about the end times in December, I will have enough jam to weather anything the Aztecs have up their sleeve.  Strawberry? Raspberry? Straw/Raspberry combo? Got it.  All natural. No FD&C #2 Red Food coloring or astinopectoral to preserve freshness.

I had nothing to do with this. It was all Cupcake and her friend’s doing. I just grow it and eat it.

Posted in Food for the soul | Tagged , , , , | 1 Comment

Update: Exeter Hospital’s HCV problems

Exeter Hospital’s “outbreak” strain of HCV has risen to 30 patients and one employee (HCW) from the previously reported 26 patients and one employee. But wait, there’s more!  There are 12 other patients of the Cardiac Cath. Lab that have different HCV strains!  They aren’t mentioned in many articles;  I imagine that they aren’t too happy to be left out of the “outbreak” group which will probably get more tangible things than apologies from the CEO:  free treatment and money.

Is the hospital treating their HCV strains as their own darn fault?  (Take your lousy pain and suffering elsewhere–we don’t know you–you deviants.)

Forty-two patients (and one HCW) or thirty patients (and one HCW):  How many patients should the hospital own up to?   Unless they can provide evidence that their surface sterilization practices in the lab were so perfect, that none of the patients could have contracted any HCV strains from them, I say all 42 patients should be treated equally by the hospital.

Posted in Guest authors, HCV Health, Medical News | Tagged , , , , , , , , , | 2 Comments

DGAT-1 AND HCV– THE CORRELATION

Cupcake found this and its an eye opener. Time to rethink a lot of things we have assumed for years. I envisioned a cure that would encapsulate the virus and lock it up. We will see what they finally use to conquer it. Hell, its just a piddly ass RNA virus. We’re America. We can figure out anything.

And this too.

Posted in HCV Health, Medical News | Tagged , , , , , | Leave a comment

EVERYTHING YOU SUSPECTED ABOUT PEGINTRON

Check it out:

Hi ____,
I’m sure you may already have had access to this. I came across it by accident today when I was looking for something else. Two years ago now the VA cerified me as a candidate for interferon treatment for my HCV. Since then my spinal injury started acting up and became much worse. Now I walk with a cane because I am too weak to walk very far without resting and I am prone to frequent bouts of vertigo. Anyway, next week the HCV nurse wants to start work-up to redo the stress tests for interferon treatment. I know there is no way that I will be able to pass the tread mill, they probably won’t schedule one. I think it is good that it worked out this way because as we know the interferon has turned out to be pure rat poison. INF was never meant to be a a treatment for HCV. It was an old cancer treatment that was pulled off the shelf to treat HIV back in the late 80s but then put back on the shelf because of the side effects. We know that Congress swept the issue of Veterans with HCV under the carpet in 2000 because they didn’t want to fund the VA to treat us. Then this   certification came along by the FDA back in 2001:
Regards
Squidley
Posted in HCV Health, Medical News | Tagged , , , , , | Leave a comment

ALL THESE QUESSHUNS

I love this. Member JM has been pestering the vA to give him an expedite on his claim. He’s homeless but has now moved in with the folks and is staying in the basement more often than the streets. Since he lost his house he has no late electric bills or overdue mortgage payments. Try telling that to vA…

Discussion Thread
 Response via Email Via Email (Department of Veterans Affairs) 07/18/2012 05:18

 

Dear Mr.

This is in response to your recent inquiry to our office dated Julyl 13, 2012, regarding your request for hardship legal code or VA policy:

There is not a legal code or VA Policy, however it is a Station Policy that in order for your claim to be processed under the expedite criteria you must submit evidence of a terminal disability or a financial hardship – 1) Facing Foreclosure, 2) Facing Eviction, or 3) Cutoff notice for electricity or other utility bills.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.

Sincerely yours,

Douglas C Chapman
Veterans Service Center Manager

How to Contact VA:
On line: www.va.gov
By phone:  (800) 827-1000
 (800) 829-4833 (TDD hearing impaired)

By fax:
(404) 929-5586

By letter:
U.S. Department of Veterans Affairs
Atlanta Regional Office
P O BOX 100021
Decatur, GA 30031-7021

 Response via Email Via Email (Department of Veterans Affairs) 06/28/2012 05:01 PM
IRIS #

Dear Mr.

There are specific criteria for hardship request. Unfortunately, your bankruptcy and overdue VA medical bill does not meet the criteria for a hardship request. A hardship request should include evidence such as foreclosure notice, past due utilities statement, and eviction notice.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.

Sincerely yours,

DOUGLAS C. CHAPMAN

Douglas C Chapman
Veterans Service Center Manager

How to Contact VA:
On line: www.va.gov
By phone:  (800) 827-1000
 (800) 829-4833 (TDD hearing impaired)

By fax: (404) 929-5586

By letter:
U.S. Department of Veterans Affairs
Atlanta Regional Office
P O BOX 100021
Decatur, GA 30031-7021

 Response via Email Via Email (Department of Veterans Affairs) 06/21/2012 09:59 AM
IRIS #  

Dear Mr.

This is in response to your inquiry regarding your VA benefits.

We are working on your compensation claim for your back and right knee conditions. Our records show your claim is pending awaiting development. After an initial review of your file, we will release a Veterans Claims Assistance Act (VCAA) letter to you. This letter will provide a description of the benefit sought, and inform you of any additional evidence needed to support your claim. A review of your file shows we are pending receipt of your hardship documentation. Please resubmit this information to us via facsimile or U.S. Mail. Your hardship documentation should include evidence to support your hardship request (ex. foreclosure notice, past due utilities statement, and eviction notice). The contact information is listed below. We are processing claims as expeditiously as possible. We appreciate your patience.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.

Sincerely yours,

DOUGLAS C. CHAPMAN

Douglas C Chapman
Veterans Service Center Manager

How to Contact VA:
On line: www.va.gov
By phone:  (800) 827-1000
 (800) 829-4833 (TDD hearing impaired)

By fax: (404) 929-5586

By letter:
U.S. Department of Veterans Affairs
Atlanta Regional Office
P O BOX 100021
Decatur, GA 30031-7021

Them fellers are so helpful. Always looking out for the Vet. Fortunately for JM, he no longer has a mortgage or worries of eviction.

Posted in All about Veterans, Gulf War Issues, vA news, vARO Decisions | Tagged , , , , , , | 2 Comments

NANOBOTS TO KILL HCV

Member Paul sends us this dynamite article. I hope to be “nanobot”ed if they’re taking volunteers. HCV research is moving by leaps and bounds, ladies and gentlemen. Let’s hope those of us who failed IFN can take advantage of it before we auger in.

Posted in HCV Health, Medical News | Tagged , , , , , , , | Leave a comment

VAOIG–DEJA VU IN PHOENIX

Seems like we just read something similar about a VARO in Lincolnlogland . The only thing different was they gave no rating to the Phoenix RO as to how bad good they were doing. 26th out of 58? 32nd?

We conducted this inspection to evaluate how well the Phoenix VARO accomplishes its mission of providing veterans with access to high-quality (sic) benefits and services. We found the VARO lacked effective controls and accuracy in processing some disability claims we sampled during our inspection. Inaccuracies in processing 87 percent of the 100 percent disability evaluations claims resulted when staff did not establish controls to schedule future medical reexaminations. In total, VARO staff did not correctly process 39 (47 percent) of the 83 disability claims. These results do not represent the overall accuracy of disability claims processing at this VARO as we sampled claims we considered at higher risk of processing errors. VARO staff followed VBA’s policy on correcting errors identified by STAR program staff. However, VARO managers did not ensure staff completed or used adequate data to support SAOs. We recommended the VARO Director develop and implement training on processing traumatic brain injury and herbicide exposure-related disability claims, and addressing Gulf War veterans’ entitlement to mental health treatment. The VARO Director concurred with our recommendations.

Did they think that the VARO Director in Phoenix was going to tell them they were full of Hooy and to get lost?

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