Some noted author or famous person who escapes my brain-fogged memory once said that the definition of insanity was repetitively doing something over and over again in hopes of attaining a different (and better?) result. Ah, Google. >>>author Rita Mae Brown in her book Sudden Death on Pg. 68 from 1983.
Read more: http://wiki.answers.com/Q/Who_first_said_the_definition_of_insanity_ is_to_do_the_same_thing_over_and_over_and_expect_different_results#ixzz1zxRRdWBB
Gotta love the machine, huh? so, let’s proceed to the subject of today’s diatribe.
IDIOT’S DELIGHT
A PLAY BY ASKNOD
CAST OF CHARACTERS
Will A. Gunn, General Counsel DVA
R. Randall Campbell, Asst. Gen. Counsel DVA
Richard Mayerick, Leslie C. Rogall, Carolyn F. Washington, David L. Quinn,Joan E. Moriarty, Deputy Asst. General Counsels
After twenty three years in this business of trying to prevent veterans from receiving their benefits as prescibed by law, the DVA, or vA if you will, is no closer to kicking ass and taking names. This is evident by reading many decisions by the Court and the occasional appeal to the higher venues.
vA over the years has had two phenomena. The VJRA with it’s attendant power transfer, and the enucleation of the old boy network of 3-member triumvirate Boards who dispensed what passed for jurisprudence for thirty years. vA still hasn’t gotten over this. Witness one of the first tête a têtes here with Manio. It was ugly and bloody and the VASEC at the time, Mr. Derwinski, came away with teeth marks all over his ass. While he doesn’t actually dirty his hands, his minions listed above are the ones who do. Will Gunn et al are the men in the trenches. They move and shake. They decide which cases they will fight to the death. They are also the ones who go up to Indiana Ave. NW with a straight face, argue their side of the BVA decision and defend it in the appeal.
Now, we know from testimony at the Supreme Court that the vA admits their RO and BVA decisions (and actions) are substantially unjustified over sixty percent of the time. With that said, why do they continue to perpetuate the same errors decade after decade?
Why no pow wow? What, exactly, is preventing the hierarchy of the VA, the cast of characters above, from sitting down with their “people” and having a production meeting. Were we flies on the wall, what would we hear?
Gunn: “Okay. Everyone got their Starbucks®? Good. Let’s get to the point here. Ladies and Gentlemen, Mr. Campbell and I seem to be spending an inordinate amount of time relitigating issues I thought were decided a score or more years ago. Why can’t we all get on the same page here? If a Vet has a good case and we have no grounds to deny, why are you guys over at the Board shooting them down? This is not cost effective. We’re getting our teeth kicked in up at the Court and I don’t mind telling you that I find it embarrassing. Chief Justice Roberts caught that bozo out last fall and he admitted as much. What we need to do is revamp this thing and make it more efficient. Christ! Carolyn and Leslie might as well get hotel rooms closer to 625 Indiana Ave NW if you keep this crap up. It’s cutting into my spare time and my handicap is going up. Questions?
It’s more likely that this will never occur. If any production meetings should occur. I’m sure they will entail crafting new acronyms for reducing the backlog and better excuses for why the new protocols haven’t been given a chance to work.
From all outward appearances, the vA appears to be in the business of preventing Veterans from attaining benefits. That’s the impression I get. I’m sure the vA doesn’t share my sentiments though. Let us venture further and look at some sobering statistics.
Roughly 85% of claims for compensation are denied the first time out. Ignore compensation for pensions, dependency issues, and the grave marker allowances and you are stuck with 85%. Does that imply 85% of this claimant pool are liars and cheats? Not exactly. It seems we are all maladroit and do not present our claims “in the best light”. According to the vA, we neglect to send in the exculpatory evidence that would go a long way towards remedying the process. Huh? If this were Geico®, wouldn’t they call us back and say “Gee, Mr. Nod. Looks like you failed to give us three estimates for the right front quarter repair. We can’t complete this without it. You know that, right?” vA tells us we inhabit a unique, Veteran friendly environment and then proceeds to give us plenty of rope to clothesline ourselves with. The denial comes as a complete surprise in most cases as we all well know.
Representative Filner D-Ca. has an excellent solution to all this. Trust the Vet. Does anyone believe 85% of us are ne’er do wells? Liars and cheats? Money grubbers? No, of course not. If I were to venture a guess I suspect that five percent might fall into that category. If that’s so, why can’t we do what the IRS did? Grant the claim subject to an audit. Look at how much money they throw away every hour down in Foggy Botttom. Would another billion ever be noticed? According to vA-yes.
If one knew he was subject to a fine and possible prison time, I’m sure this would be a deterrent to the majority of miscreants out in the world. Obviously there are some for whom this will never bother and they will press on regardless. Why should ninety five percent of us have to suffer for the failings of five? In truth, we shouldn’t. Nevertheless we are corralled with them and made to endure an unrealistic wait of years and sometimes decades.
Anecdotal evidence says this:
2011 claims —– 1 million (approx.)
85% denial = 850,000
# of NODs= 250,000
# of Appeals to BVA = 50,000
# of claims to CAVC = 5,000
Remand rate= 60%
Conclusion? Pursuing your claim has a higher rate of success if you appeal. Duh. I didn’t have to explain that but it is evident that many of these claims are never pursued. My attorney pointed out something I am guilty of too. When someone like the vA calls you a liar and denies you, it can be a personal insult. I took it that way after I realized it wasn’t just some garden variety error. vA counts on this. It’s formulated into the system that way. If every Vet appealed all the way to DC they’d have to come up with a better mousetrap. Instead, they shotgun denials and wait to see who fails to stand up afterward. They repeat the process at the BVA in most cases and wait again to see who falls out of formation.
When the few, the proud, the last Vets standing march up to Indiana Avenue to appeal, vA is there like the attorneys for any large corporation waiting on the steps to strike a last minute accord with you. When they know they are wrong and are exposed in their lies, they beg for the do over. This is what we call a JMR (Joint Motion for Remand). Since few if any of these Vets show back up at the Court again, we can assume that promises were made and gifts were exchanged.
You can now see the enormity of the problem. If you remove the impediment to granting the claim subject to proof of fraud, the system will move forward and the backlog will become a distant memory. Auditing claims with no timetable to adjudicate them takes the inexorable pressure off the raters to crank these out. We’d all be happy campers. Unfortunately this does not sit well down at 810 Vermont Ave. NW. Until we change the vA mindset that we are all trailer trash and Walmartians, we are doomed to repeat this insanity. They are perfectly fine with that and see no reason to revamp their thinking. Why is that? Roseanne Rosannadanna summed it up in seven words: “It always goes to show it’s somethin’.” Filner sees it. We see it. Hell, everyone sees the forest except the vA.

As some sage once said “They’ll see it only when they believe it themselves and not one moment sooner.” God help us.