BVA–WHERE’S WALDO?

Posted on July 22, 2012 by asknod

Okay what’s wrong with this picture? We’ve all thrown bottles into the ocean via the IRIS system here at Nodville to no avail. The BvA steadfastly insists they’re “working on it”. We can see the BVA decisions are there and published. We know that the system is working yet the vA refuses to enable the system to allow us to view them.

I am not a conspiracy theorist but this smacks of a good news story. Perhaps we’ll be able to view them by 2015. What disturbs me is that vA is more than aware of the problem and blithely ignores us.  Allow me to rephrase that. vA never ignores us. They are just preternaturally disposed to obeying their “first come, first served” mantra. Who do we have to thank for this? Undersecretary for Benefits Denial Allison A. Hickey comes to mind but she isn’t the IT guru who controls the censor button.

More importantly, why would vA go to the trouble of publishing something, carefully upload it to the internet, and then disable it or render it inoperable? T’would be better to keep it under wraps out of sight and profess an inability to produce it; much the same as they are doing presently with claims. I submit there’s less here than meets the eye. And as Roseanne Rosanadanna was fond of saying “It always goes to show it’s something.”

So, fellow Veterans. Chew on this conundrum. I tampered with the web address of the 2011 HCV decisions which is

http://www.index.va.gov/search/va/bva_search.jsp?QT=Hepatitis+C&SQ=vetapp11&RPP=100&UA=Search

I removed the “1” after vetapp11&RPP in the address and substituted a “2” which yields

http://www.index.va.gov/search/va/bva_search.jsp?QT=Hepatitis+C&SQ=vetapp12&RPP=100&UA=Search

Interestingly, up popped the 2012 decisions in all their glory. Equally intriguing is the fact that they are tantalizingly close but still in the promised land. The same is true for any other disease, injury or ailment one chooses to search for. I really can’t wait to hear why this enigma persists. Being a lowly Walmartian, I don’t presume to know the whys and hows of the mighty organization constructed solely for my benefit. I will reside in ignorance and trust that Greater Powers are busy trying to fix this.

Where’s the BVA Decisions?

Posted in BvA Decisions | Tagged , , , , , , , | 3 Comments

VBM–FOREGO THE C&P?

Posted on July 21, 2012 by asknod

Before I begin, I would like it known that Michigan Bob has given us a new 2011 VBM. As for the title above, I know that looks like a misprint and I was floored to read it myself. Nevertheless, right there on page 928 it says this under 12.5.4.5:

12.5.4.5  The Consequences of Failing to Report for a VA Medical Examination

Corresponding to the VA’s duty to assist the veteran in obtaining information, including to obtain medical nexus opinions, is the veteran’s duty to cooperate with the VA in developing a claim. This duty on the part of the veteran includes reporting to scheduled VA examinations. However, in a few situations, it may be in the veteran’s best interest not to report to a scheduled VA examination. Under 38 C.F.R. § 3.655(b) (2011), [w]hen a claimant fails to report for an examination scheduled in conjunction with an original compensation claim, the claim shall be rated based on the evidence of record. Thus, in instances where the veteran is able to procure his or her own positive medical opinion, and that positive medical opinion is included in the record, it may be in the veteran’s strategic best interest to forego the scheduled VA examination and allow the VA to adjudicate the claim based on the evidence of record, including the positive medical examination.

On the other hand, it is never in the veteran’s best interest to fail to report for an examination scheduled in connection with an original claim for a benefit other than disability compensation, a reopened claim for a benefit which was previously denied, or a claim for a rating increase. If a veteran fails to report for a scheduled VA examination relating to any of the above-mentioned classifications of claims, the claim will be denied.223

Section 3.655(b) provides a good cause exception to the rules governing the adjudication of claims when a veteran fails to report to a scheduled VA examination. The regulation identifies several examples of good cause, including the illness or hospitalization of the veteran and the death of an immediate family member. This list is not inclusive; thus, other extenuating circumstances may constitute good cause for failing to report to a scheduled VA examination.

So, let us walk through this new jungle. We are all familiar (or should be) with vA’s legendary C&P doctors. We need not go into that now. Suffice it to say that if you show up with a brilliantly reasoned nexus like mine, don’t be surprised if they send you out for one. If that fails, don’t even pretend shock when they venture off to some VAMC in Winston-Salem for a proctologist to do an IMO. I had all three.
What the authors  of the Veterans Benefits Manual (not to be confused with the pink Peggy Veterans site) are offering is a whole new take on this. If you have a dynamite nexus from Dr. Cecil and all the other Caluza elements, why would you venture into the lion’s den? We all know a C&P is a fishing expedition to find you not service connected if at all possible. vA is also rather fond of rubbing salt in the wound and saying they are forced to rate on the available evidence when you fail to show up. As the authors point out, on a new claim for Hep. with all the evidence in your favor, they are hoist on their own petard. 38 CFR §3.665(b) has no punishment attached to a failure to submit to a C&P on an original claim. Yet…
This can be all the more entertaining if they inadvertently deny based on your no-show. That is CUE. If you noticed the authors of this manual, one that stands out is Meg Bartley. That would be the very same Meg who was just approved by the Senate to the CAVC.  If she advocates this, I can assure you it is cutting edge law that passes muster.
What will be interesting is the response from the vA when this becomes well-known. As with all new ploys, they will invariably move to plug the hole as soon as they discern it. As we have mentioned, the new DBQs are noticeably missing a place to write in a nexus. It’s almost as if they did it on purpose. We can only assume they want to achieve 125-day denials by artfully concealing the DBQ shortcomings and providing damning C&P exams.
Turning the tables on vA is my stock in trade. I love this idea. Apparently Meg Bartley and crew do too.
Gentle readers know we never look at the price tags on gifts but I did look it up and Bob’s generosity was rather shocking. Veterans hereabouts may come to find that his munificence will help them succeed.
Posted in Veterans Law | Tagged , , , , , , , , | 2 Comments

$18.2 MILLION FOR TBI DOWN THE TUBES

Posted on July 20, 2012 by asknod

Detroit Bob sens us this dismal news. It seems like more of the same time after time. The assessment at the end of the article says it all:

Dr. Chrisanne Gordon, chairwoman of Resurrecting Lives, a TBI research, treatment and advocacy group based in Columbus, Ohio, said the amount of money the Pentagon spent on the TBI/BH tool could have paid for a year of cognitive training and rehabilitation for more than 700 troops.

But then, General Dynamics wouldn’t have had shovel-ready jobs, either. Sounds like the Solyndra fiasco.

Posted in All about Veterans, Complaints Department, Gulf War Issues, PTSD | Tagged , , , , , , , , , , , | Leave a comment

LEJEUNE H²0 BILL PASSES SENATE

Posted on July 20, 2012 by asknod

Great news for all those with the cancer. Now, after the Senate has done their duty, the  Govt. empties out the bag and fesses up. It would be nice to see this out of the House promptly and on the President’s desk for a signature pronto.

I certainly hope they don’t intend to hand it off to the vA to handle. That will give VASEC an excuse to delay claims way into the next decade. And of course, no one with the cancer will win because they will drag out the Maxson decision and declare it to be too far distant in the past and pure speculation. Marines with nothing in their records or worse, lost records, will be disenfranchised as usual. Be prepared for a magnificent Dog and Pony Show, the likes of which would put Barnum & Bailey’s to shame.

Best to start working on the evidence now. We know there will be damn few of you alive to collect when they finally agree to some ground rules and start shuffling the cards.

Coming soon to Jacksonville, N.C

P.S. I was wondering out loud on who the arbiter of the new Jamie Ensminger Act would  be and damned if it isn’t our good ol’ buddies down at the RO. Yep. 125 days/98% and Bingo- a Denial saying you were never there. Add 10 years to the claim resolution for the appeal. Rots a ruck Marines (and friends and neighbors in Jacksonville).

 

Posted in Camp Lejeune poisoning, vA news | Tagged , , , , , , | 1 Comment

CAVC–ACEVEDO v. SHINSEKI– TWISTING THE MEANING

Posted on July 19, 2012 by asknod

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

Posted on July 19, 2012 by Laura

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

Posted on July 19, 2012 by asknod

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?

Posted on July 19, 2012 by asknod

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

Posted on July 18, 2012 by Laura

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

Posted on July 18, 2012 by asknod

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