VA EMPLOYEES SAY “NOT IT!”

Here’s a link to Swords and Plowshares’ web site. Holy shit, Batman. Read them and weep. Now the vA employees are up in arms. I wondered how long it would be before they refused to take any more blame for what the chowderheads were prescribing. This is very telling

One reason, they said, is that some new procedures have added complexity to an already complex process. For instance, they said, a questionnaire created to allow veterans to use private health providers to do physical examinations is longer and more complicated than the forms used by government providers.

When questionnaires are returned with mistakes or unchecked boxes, reviewers must return them, delaying decisions. “They’ve implemented so much stuff, no human can keep up with it all,” said Cindy Indof, a decision review officer who has been with the department for 20 years.

Seems they’ve finally discovered what we’ve been saying for 25 years. And of course this which we’ve been pointing out to all who will listen:

The employees also complained about the performance review process used to measure their productivity, saying it reduced the quality of work and hurt morale. The process requires claims processors to complete a certain number of files per day. People who fall short can be denied promotions or fired. Those who meet or exceed quotas become eligible for bonuses.

Workers also said processing a claim had become increasingly segmented, with files passing through several hands before being denied or approved. As a result, files are more likely to be misplaced, communications garbled and decisions slowed, they said. And no one is held accountable for mistakes because so many people are involved.

Ruh-oh, Rorge. Rat’s rot grood.

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PRAYER FOR GRANDPA

Member Bob-credit where credit is due…

Prayer For Grandpa

Dear God,

Please send clothes

to all those poor

women on Grandpa’s

Computer. Amen

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

CAVC–BRIA V. SHINSEKI–POOR NEXI ALL AROUND

It’s rare to be able to go back and unearth the BVA decision that leads to the CAVC but I’m getting better at sleuthing these out. The dead giveaway is the  the date of the decision. That and the fact that Lieberman & Mark defended Mr. Bria on this both at the BVA and here in this action at the Court.

First, a word about L&M. Jeany Mark is no stranger to this venue. Her name pops up on many occasions at the Court and she is an able law dog. I wouldn’t fear going up against Eric and his bad boys with her as my shield bearer. I like the rainmaker I have now personally but she would be adequate to the task judging by past performances. No, the abiding reason I like mine is he’s a Veteran. Need I say more?

Mr. Robert J Bria finds himself in somewhat of a pickle. I’m not sure who repped him before he got to the BVA Show but he made a few missteps on the way. Old Bob stepped on his necktie back in the Nam and had a few encounters with the Snoose queen. Perhaps more than a few. He came down with what was diagnosed at the time as HAV in November 1973 through March of 1974 while in country. He was PCS’d to Germany and continued his adventures there.  His service military records are silent as to UCMJ drug violations and the only evidence against him is his pie-hole diarrhea habits.

The Bobster feels its all due to an in-service tattoo (undocumented in item #39 on the SF88) or the legendary jetguns. When filing his claim in 2004 he neglected to mention his repeated percutaneous piercings with a 24 ga. needle attached to a syringe over the years.

The Veteran contends that he acquired hepatitis C infections during active military service, citing an in-service tattoo and exposure to contaminated blood via inoculations.

However, in some of his more lucid moments in the remote past, he was more forthcoming, volunteering this:

Following service, in an April 1977 VA hospital summary, the Veteran reported a history of heroin addiction for four years. On physical examination, the examiner noted multiple puncture scars over veins of both forearms.

In a May 1988 private treatment record, the Veteran admitted to being an intravenous (IV) drug user.

During a September 1988 VA examination, the Veteran stated he has been using heroin recently. He reported he started using heroin when he was in Vietnam and has used it intermittently since.

This poses a very large problem when you file a claim. If you neglect to mention that you were instrumental in funding Habib Haboob’s children’s college education by purchasing most of his refined opium production, you impugn your credibility when and if the vA discovers it. Since vA has excellent record-keeping whenever it entails denying you,  you can pretty much count on them having the damning information. On the other hand, any exculpatory evidence always seems to get misplaced or lost. Sometimes its reputed to have been altered or destroyed but that is so rare according to vA as to be statistically insignificant. One day we’ll wake up to find that shredder rooms, while plausible, were never proven to exist at vAROs. Revisionist history is circular and complements itself like a seamless Mobius loop.

Nevertheless, the Bobmeister had a problem and Jeany Mark was the solution. She was able to salvage this and get a remand back to the BVA for one very good reason. Both the vA examiner’s medical theory and Bob’s private nexus left much to be desired. Recently I posted this on the subject. This decision is a prime example of what was missing. The Court does a wonderful job of not only dissecting the vA’s pathetic attempt at stonewalling and Bob’s doctor’s futile attempt at writing it correctly. I’ve written much on the need for bulletproof nexus or nexi when doing this. Click to see the Nexus Bible. The private one here left a glaring hole with the statement that HCV rears its ugly head after 20 years. The problem? Bob’s exposure was thirty years ago (at the time of filing-now it’s forty). Continuity is crucial. Another mistake is to even let these jerks introduce the camel’s nose under the tent with the Maxson decision. Maxson, for the novitiate, holds that something so remote as HCV 30 years ago probably isn’t related to anything in 2012. That’s true for almost all diseases or ailments except HCV. By failing to cut off that line of attack and discount Maxson in his Form 9 rebuttal, he and Ms. Mark allowed it to sneak into the denial as powerful evidence against his claim. That, Veterans, is a Bozo No-no. HCV is a “cryptogenic” disease-i.e. one that is stealthy. It doesn’t manifest itself for decades. Bob’s doctor made a crucial error of stating a specific timeline rather than a generalized one that would encompass Bob’s circumstances. He fenced Bob out by using 20 rather than 30 years. There was no need for that.

Mr. Bria introduces a novel defense on arrival at the Court. Now that he’s busted on the IVDU, he has resorted to the “But I never shared needles” defense. He will also argue that a little staycation at the Graybar Hotel is not, in and of itself, a risk for HCV in spite of what vA contends. Unless you inadvertently become the object of Darnell’s affections, you should not automatically be tarred and feathered with that brush. With Mr. Bria’s credibility already in tatters, that may become moot on remand. I’m sure they will find ample ways to poke a few more holes in the floor of his claim boat- the least of which is the IVDU. He’ll still lose, but it will be because the nexus will have the proper phrasing.

Don’t let this happen to you. If you intend to file a claim, you need to have a game plan. Arriving at the vARO with the spaghetti defense ( let’s see what sticks to the wall) isn’t going to get it. Worse, obfuscating or demurring on the facts impugns your credibility which you can ill afford. Veterans don’t realize that their good name is just that until they are caught in a lie. After that, everything they say is suspect. Guard that presumption. It’s paramount that you do so. Make it so, Number One.

 

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Posted in BvA HCV decisions, CAvC HCV Ruling, Nexus Information, Tips and Tricks | Tagged , , , , , , , , , , , | 3 Comments

APPEALS IN DENVER

This from member Randy who has had it with the BS  mile-high DenRO is serving up. He’s taking off the gloves and pushing print. I don’t blame him. Seems that Rocky Mountain High buzz is wearing off and 10% for HCV when you’re running on empty isn’t going to cut it.

You will notice the law dog does not request an unredacted copy but gets anally specific about what he wants so there will be no “Gee, Mr. Rainmaker. We thought you just wanted the stuff Randy mailed in.” How were we to extrapolate what it was you were asking for?” These days dealing with  vA Gomers is an art form as witnessed here. “All records” is subjective though. Does that include the ones already down in the shredder room?

 

Posted in All about Veterans, Tips and Tricks | Tagged , , , | 11 Comments

The Perfect Husband

THE PERFECT HUSBAND

Several men are in the locker room of a golf club.  A cellular phone on a  bench rings and a man engages the hands-free speaker function and begins  to talk.  Everyone else in the room stops to listen.

MAN:  “Hello”

WOMAN: “Hi Honey, it’s me.  Are you at the club?”

MAN: “Yes.”

WOMAN: “I’m at the shops now and found this beautiful leather coat. It’s only $2,000; is it OK if I buy it?”

MAN:  “Sure, go ahead if you like it that much.”

WOMAN:  “I also stopped by the Lexus dealership and saw the new models.  I saw one I really liked.”

MAN:  “How much?”

WOMAN: “$90,000.”

MAN:  “OK, but for that price I want it with all the options.”

WOMAN:  “Great! Oh, and one more thing… I was just talking to Janie and found out that the house I wanted last year is back on the market. They’re asking $980,000 for it.”

MAN:  “Well, then go ahead and make an offer of $900,000.  They’ll probably take it.  If not, we can go the extra eighty-thousand if it’s what you really want.”

WOMAN: “OK. I’ll see you later! I love you so much!”

MAN:  “Bye! I love you, too.”

The man hangs up. The other men in the locker room are staring at him in astonishment, mouths wide open.

He turns and asks, “Anyone know who’s phone this is?”

This joke has resonance with me. I’ve had my present cel number since 1990. About 15 years ago, Multicare Medical came out with a telephone number similar to mine. Everyone transposed the first two digits and called me. They still do. I used to direct them to the right number. Now I just make appointments for the good doctors. I’m so helpful. So if you call me on my cel and I don’t recognize your number, don’t be surprised if I answer it

” Good Morning-Multicare. How may I direct your call?”

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Congress to VA: Reduce the Backlog or else!!

There must be an election coming up!

Congress passes bill requiring VA to reduce backlog of disability claims. HR 5854

The Bay Citizen
By Andy Wright
Last night, the U.S. House of Representatives passed a bill requiring the Department of Veterans Affairs to reduce the time it takes to process veterans’ disability claims. A report accompanying the legislation also called on the VA to eliminate backlogs at the Oakland regional office, where veterans can wait years for a decision on their claims.

In April, The Bay Citizen revealed that the backlog of disability claims had ballooned to 870,000 nationwide under the Obama administation. In the Bay Area, returning soldiers wait an average of 320 days for a decision on their disability claims.

A day after the story ran, the Department of Veterans Affairs announced it would overhaul operations at 12 of their offices, paying special attention to updating the ways that claims are processed. The department said it would make sure all offices process claims online by the end of 2013.

But the first offices they planned to upgrade did not include Oakland and Seattle, the offices with the biggest backlogs. This apparent oversight prompted Representative Jackie Speier (D-San Mateo) and 15 other California Congressmen to fire off a letter to Erik K. Shinseki, the Secretary of Veterans Affairs, urging him to “send immediate help” to the Oakland office.

In May, the VA’s Office of the Inspector General found the Oakland office lacked effective controls and failed to process many claims accurately. It also found that some Oakland office staff members may not have completed required training to ensure they provide accurate service to veterans.

In a report accompanying the legislation, the House Appropriations Committee called on the Oakland office to address the accuracy and training issues and detail its efforts to eliminate the backlog within 30 days after the law takes effect and improve the accuracy of claims processing within six months.

The report also calls on the VA to prioritize bringing the worst offices online first.

Additionally, the committee directs the VA Office of the Inspector General to complete a report due 90 days after the bill becomes law to assess the effectiveness of the paperless system in eliminating long wait times. The office must also determine whether the VA will be able to meet its goals of eliminating the backlog and increasing accuracy rates by 2015.

The bill now goes to the U.S. Senate.


Posted in All about Veterans, Guest authors, VA BACKLOG | Tagged , , , , , , , | 7 Comments

Why OSC?

Yesterday I published an article on an OSC poll.  About a third of you guessed that OSC was the “Office of Special Counsel”.   You were correct, but what has that got to do with anything?

A  few weeks ago, I read of a Veteran who sent his “Writ of Mandamus” to the Board of Veterans Appeals.  Big mistake.  Its either follow VA procedures to the letter or expect a denial.

Please be patient, I am getting to the “why OSC”.

If you send a complaint to the wrong department, the VA could deny or ignore you.  That’s why you need to know about the OSC!    You see, if your SSN ends in an odd number, you would submit you claim of retaliation to the OSC, not somewhere else, according to this article.

If you do think you have been retaliated on by the VA at the very least you should submit your complaint to the right agency, and dont forget to read this, before you do!

While this is an 1999 article, it would appear little has changed at the VA.

As Chairman Everett of the House of Representatives, subcommitte on oversight and investigations said:

” My concerns about the VA culture of tolerating favoritism, cronyism, harassment, and retaliation are a matter of record. The VA has a history of turning a blind eye towards mismanagement and misconduct by senior officials while punishing anyone who dares to speak up. ” end of Everett quote

I find it interesting that few Veterans even know what agency to complain to if they have been a victim of retaliation by the VA.  Now, Ask Nod readers know better.    It makes me wonder if VSO’s know about the OSC and if they would tell us if they did know.

Posted in Complaints Department, Guest authors, vA news, Veterans Law | Tagged , , , , , , | 5 Comments

OAKRO CLOSED UNTIL FURTHER NOTICE

Our little chipmunk in the Oakland RO informed us the other night that the VARO is closed until the employees can be retrained. There was much discussion back and forth between the DC Central Office and the Oakland Service Center Manager. It was felt she could attain a higher rate of compliance and a phenomenally low error rate for this month simply by closing down. They are keeping several employees on who work in the shredder room as that job entails no new training.

I shudder to think what the backlog will look like when they return. I envision massive 55 gallon drums for in-baskets. If you look up shooting yourself in the foot in the Miriam Webster dictionary, I suspect you’ll find a picture of the Oakland VARO.

On behalf of the krewe at Asknod, we thank the vA VR&E for the new scanner/copier that made this picture possible.

Posted in vA news | Tagged , , , | 2 Comments

HOUSE RESOLUTION 4072–HUH?

Member Squidley spotted this one. He’s like white on rice on this facet of vA monkeyshines.

 

HR 4072- Consolidating Veteran Employment Services for Improved Performance Act of 2012

H.R. 4072, the “Consolidating Veteran Employment Services for Improved Performance Act of 2012,” would transfer all responsibilities, functions, personnel, assets, and liabilities of the programs under title 38, Chapters 41, 42, 43 and 20 of the United States Code from the Department of Labor to VA by October 2013. The intent of this legislation appears to be to transfer all Veteran related services and programs from DOL to VA.

Within the Department of Labor, VETS has primary responsibility for many of these programs, including the Jobs for Veterans State Grants (JVSG) Program, Transition Assistance Program Employment Workshops (TAP), the Homeless Veterans’ Reintegration Program (HVRP) and the Uniformed Services Employment and Reemployment Rights Act (USERRA). However, other DOL agencies, such as the Employment and Training Administration (ETA) and the Office of Federal Contract Compliance Programs (OFCCP), are also directly involved in the administration of programs that would be transferred by H.R. 4072.

http://www.dol.gov/_sec/media/congress/20120308_Ortiz.htm

Now we are just legally screwed! From the backroom to Congress no less! Will they transfer the budget for those new VA tasks? We know the answer to that one, don’t we?

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Welcome to the Hotel Montana

horn·swog·gle  (hôrnswgl)

transitive verb.

horn·swog·gled, horn·swog·gling, horn·swog·gles Chiefly Northern & Western U.S.

To bamboozle; deceive.

I have not so fond memories of an old friend who gradually became pathetically power hungry in his own small fiefdom. Roger married Barb to run her life. When she accidentally became pregnant early in their relationship, he convinced her to put it up for adoption. This pretty much set the trend for all that happened later. When they did eventually have children, Roger picked the names. He’s the only guy I’ve known who named his son after his favorite whiskey(Ezra Brooks). He named his daughter Bailey and I assume that was after the famed Irish creme. Can you imagine if he was an aficionado of Tequila or vodka?

He’d get you to spill the beans on something and then milk it for all he could. Once I was rewiring a house and he he found out where and showed up. He convinced the homeowner things needed repairs and the next thing I knew he was working there too. Soon, he’d become the de facto general contractor and start telling me what to do. I kept my cards much closer to my chest after that.

Roger eventually moved back to Montana even though Barb had a killer job in Seattle. He was self-employed and she went where he did. Period. Later, when funds got tight in the late 90’s, she came back over here to work occasionally and help make ends meet.  I assume she ran it by Roger first or else he suggested it.

I had a bad fall off a ladder on Labor day weekend in 1994. I was off work for five months. My left arm no longer had an elbow socket and was (and still is) held together with plates, screws and a stainless steel spring. I called Roger up to see what deer hunting was like over there. I couldn’t pack an animal out of the rough, so I was hoping there might be some easy pickings over there.  Lucky me. I was regaled with the ultra-cheap price of non-resident hunting licenses ($35.00).  Deer were so plentiful you could shoot them in his front yard- right off the porch the way he told it. This sounded like it was too good to be true. If only I’d known.

I packed up and left the day after voting. I literally flew over the mountains and dutifully made a right turn off I-90 at Missoula. I hit Hamilton several hours later just at dark. Roger wasn’t kidding. I just about clobbered Rudolph and 8 of his buddies as I turned in the driveway. This was shaping up to be the finest hunting trip I’d ever been on. You could sit on the front porch with a TNT and take your pick. As we used to say up country in Laos, this was a target-rich environment.  As they say down at the  rental car place, “Well, not exactly.”

As soon as dinner was over I got the first bit of bad news. I’d be sleeping on the living room floor because the fourth bedroom wasn’t completed yet. I always travel with the mattress pad and sleeping bag so this wasn’t a problem.  The next bit of news was still workable.  He allowed that yes, you could technically “shoot” them in the front yard but, well, not exactly.The deer out front had names. There would be no more talk of shooting deer in the front yard. Roger didn’t know how close I came to harvesting one as I arrived with my trusty .357 S&W nicknamed AMEX (never leave home without it). I decided to keep mum on that. A further query of whether it would be permissible to shoot these deer in another yard, say over at brother John’s house across the pasture, was met with  a stern denial. Nevertheless, with a deer population this numerous, punching the ticket was going to be a cake walk. Right? Well, not exactly.

Everyone left early for work/school the next morning and I was left to sleep in. After breakfast, I noticed all the clocks were an hour late so I reset them. Baaaaad idea. Roger apparently didn’t believe in Daylight Savings Time. I had made the cardinal error of failing to run it by him first. I was excoriated for changing them that afternoon and warned to keep my mitts off them henceforth. It seemed I needed to learn a lot in a short period of time if this was going to work out. Barb suggested before I did anything around there that I should  run it by Roger first. She said she always did and it saved a lot of time.  Good idea.

The next day we all (his brother,too) went out for breakfast at a greasy Casino in town. The sporting goods store was adjacent so we strolled over after the breakfast which I bought for all. This was where things started to break down. Come to find out, Hamilton was in an Archery only county. No guns. Period. It was suggested to me that maybe I should buy archery equipment there at the store. They had scads of it. I reminded Roger my left arm was little more than attached to my shoulder at this juncture. Archery was not going to be my strong suit-ever.

After several nights, Roger decided that my camping out in the living room wasn’t going to work. He didn’t have a farm but got up and watched the farm report at 0dark30. I was sleeping in the living room and this interfered with  early morning TV.  I was told I’d enjoy it far more over to brother John’s. John was shopping wife #2 and his 3,000 Sq. foot monstrosity was a chick magnet in progress, too. However, Hamilton Montana was probably a poor place to bait the trap. He had his whole wood-working shop inside in the area some day to be called the kitchen. He also hadn’t put bird blocks in between the rafters so we had flying squirrels  falling down from  the vaulted ceiling riding R-19, pink insulation surfboards. Rather than install the bird/squirrel blocks, he’d dutifully get the stepladder out and replace the insulation several times a day. His heating system consisted of a space heater in his bedroom. That was also the only sheetrocked room in the house. The rest, including the future attic was at the mercy of a wood stove. I was the guest of honor on the living room sofa. If I desired heat, it meant getting up several times in the night to stoke the fire box and refuel it. Quite oddly, I was not required to run the firewood procedure by Roger at 0200 hrs.

John didn’t have a filter for his water yet so it smelled like sewage and was decidedly discolored. It was the hardest thing I ever did to take a shower in it. I insisted on going over to Roger’s to get drinking water. Naturally-you guessed it- I had to run that by Roger first.

Hunting involved getting up at the screech of dawn and chaining up to go over Chief Joseph’s Pass at about 80,000 feet above sea level.  “Hunting” was in crunchy white, 24 inch deep snow 100+ miles away. They had a greasy spoon over there in that podunk town too where I was allowed to buy breakfast for John. He’d graciously agreed to be my guide and food taster by now. Business was slow in winter and I was a welcome diversion.  We did this for two days. We also never saw any deer and it was about 20 degrees below civilized out. Did you know your snot freezes in your nose in that environment?

The third day dawned with thick, new snow and Roger suggested John and I should go out and cruise the roads for road-kill deer since I didn’t feel like driving so far. John felt that was a sooooper idea and suggested roads in the vicinity of restaurants.  I could see where this was heading. They also suggested I buy their resident hunting licenses so I could load up on lots of roadkill to take home. By now I’d heard the one phrase over ten thousand times. If I so much as suggested that I was going to go down to town to get smokes, Barb or John would chime in with “Sounds good but I’d run it by Roger first.” The same stock phrase emerged if I contemplated calling Cupcake, taking a shower, or going anywhere in the neighborhood to see other friends who had moved over there. I never succeeded in seeing his (and my) old friend Nick. Maybe Roger murdered him. I couldn’t even get his telephone number out of John. His suggestion was -you guessed it-You may want to check with Roger first.  Roger would demur and say “All in good time, Buckwheat. You just got here.  Maybe we’ll have a poker game”. At some point I started trying to interject humor into this. I proposed going to the bathroom and asked John if that required checking in with Roger. I got a queer look and “Huh? Why would you need to do that?” The humor was completely lost on him.

After sitting around all day the fourth day doing nothing, I elected to call a friend and find out how soon he was bugging out for elk hunting back in Washington. This Montana  hunting gig required checking in with Roger too much. I did it on my cel phone (in spite of the roaming charges) to avoid having to get Roger’s permission for the land line. It made little difference. John overheard the conversation and promptly called Roger up and told him I was leaving to go back. Roger roared back from his job site and started telling me I couldn’t leave because I hadn’t even been there a week yet. Yeah, the hunting hadn’t been the best advice, the weather sucked and there didn’t seem to be a lot of road kill lying about, but all that would change soon. Things were looking up. If we had to, there was a State park up the road a piece and we could go up there and poach one. Then the dreaded “I forbid you to leave” escaped his lips. Anyone who knows me would realize the futility of that. Ever sarcastic, I asked if I needed to run my departure by him.

This was starting to feel like the Hotel California and I was getting the creeps. After arguing for what seemed like an hour, I informed Roger that I didn’t need to run it by him to get permission to leave. That was my first and last trip to visit them. I found out several years later that Barb got tired of running it by Roger too  and took the kids and left. Since the kids are well over twenty one by now, I strongly suspect they are not required to run it by dad to do anything now either.  Last I heard, John and the squirrels were the last ones checking in with Roger on a regular basis.

While it’s terribly humorous in retrospect, it was painful for me to see all the adults who had gradually become pawns in his game. I got past the clock incident quickly but the longer I stayed, the longer the list of what could or couldn’t be done without running it by Roger grew. At the end it was as I mentioned- you can check out any time you like but you can never leave. Roger also knew I packed heat so he was careful not to get between me and the door.

I don’t talk with Roger anymore. One of my best hunting friends passed suddenly in 1996 from congestive heart failure. He didn’t even bother to tell me even though he came over for the funeral. I found out 6 months later in September when I discovered the phone had been disconnected. I called Roger thinking he might have a clue as to the meaning.  His rejoinder? “Oh yeah, Willie.  Bummer, huh? I guess I should have called or something.” What was always left unanswered was whether he ever ran that one by himself.

Posted in Humor | Tagged , , , , | 2 Comments