Can we trust the VA?

Posted on June 14, 2012 by joeaveragevet

Many Vets have mixed feelings whether to trust the VA or not while others have a strong opinion one way or the other.    On one hand, Veterans who have weaved through the disability maze at the VA receive their compensation checks  with amazing reliability on or about the first of each month.   Still, how trustworthy is the VA?   It is one of the “core values” at least at the Palo Alto VA, according to this report.

But how is the VA doing at fulfilling this “core value”  of trustworthiness?  And, have Veterans been harmed by this lack of trust?   In at least some areas, the VA has a poor track record of trust.

One example of this is a few Veteran’s advocates suggesting the use of “certified mail return receipt requested” when dealing with the VA.   Why would this happen if the VA were trusted to not lose Veteran evidence?  In at least  some cases, the VA was caught deliberately destroying this evidence .

Further, how does the VA respond when one of its own breaches Veterans trust?  For example the VA promised to “hold accountable” those persons who shredded Veterans evidence.

But, did they really hold bad employees accountable or was this just “lip service”?    This article suggests the later.     And this is not the only instance where a “big shot” in trouble with a scandal at the VA was “moved” instead of being fired.   In this article, Congressmen Turner was quoted as “outraged” that the director of the VAMC in Dayton was promoted instead of being fired after allowing a dentist to continue working at the VAMC when  the (former director) knew for years this dentist used unsanitary procedures working with Veterans.   The article continues, suggesting at least 9 Veterans contacted Hep B and C through this dentists poor hygene practices.   Sadly, these Veterans were harmed by trusting that the VA would properly follow basic good hygiene techniques when they did not, in some instances.

It is clear that the above referenced articles seriously question not only the trustworthiness of the VA, but also in their ability to deal with the problem.

Walcoff admits to 200 “work at home” VA employees

It would seem as tho the VA does indeed trust its employees.  Michael Wolcoff, a top level VA executive, testified to congress that about 200 rating specialists rate Veterans cases at home.   Further, Congressman Hall suggested the VA “incentivize” their employees for coming to work.  Mr. Walcoff weakly denied the “incentivize” term, but admittted the VA was out of space and the work at home program “had value”.

After giving due consideration to the millions of Veterans treated at VA hospitals successfully each year, I would have to say that the VA needs improvement to win back Veterans trust in certain areas such as shredding Veterans evidence, but that they have some very good employees and doctors who do a good job treating Veterans maladies.  Its the exceptions that everyone notices and, out of fairness, we need to recognize that most Veterans do get good treatment at the VA.   In short, the VA needs improvement in many areas in the “trust” department.    Most importantly, when there is a breach of trust by a VA employee, the VA really should hold the individual accountable.  Lip service does not cut it.

Posted in Complaints Department, Guest authors, vA news | Tagged , , , , | 11 Comments

BVA–WINNING WITH A PROBATIVE NEXUS

Posted on June 13, 2012 by asknod

FROM THE LAST LIVE FREE OR

DIE STATE  IN THE UNION RO

(MANCHESTER, NH)

What constitutes a probative nexus? How can you tell if you have the real McCoy from Dr. Bash and/or one of  his cohorts in the biz? If you are getting one from your physician, what will be the focal point in the make or break decision on whether its more probative than vA’s slanted one?

Here’s a decision handed down just last October (2011) that clearly defines what the VLj’s criteria are in his own words (or his munchkins’).  VLJ Stephen D. Reiss is a newbie and wants to get this anally correct. A lot of VLJs are altruistic that way until they burn out on screwing Vets.

The agenda is preordained. The denial is crafted to fit the individual. As we know from numerous decisions, STDs are always the culprit after service but rarely during. The same applies to getting blood on you while carrying what’s left of your buddy to the dustoff after a run in with a B 40.  On the other hand of course, a minute speck of blood, perchance from sharing a straw while enjoying Peru’s major export,  will be the most obvious etiology of the HCV- whether in service or after . In short, anything that could be a risk in service… isn’t. Conversely anything after service like excessive ETOH  use is the smoking gun. Surely you can see that. So, what are the rules for the magic paper?

This decision  elaborates in VLJ Reiss’ own (or paraphrased) words what he and other judges would accept based on established law. This case sums up all those individual nuances that will make you or break you.

The Board is charged with the duty to assess the credibility and weight given to evidence. Madden v. Gober, 125 F.3d 1477, 1481 (Fed. Cir. 1997), cert. denied, 523 U.S. 1046 (1998); Wensch v. Principi, 15 Vet. App. 362, 367 (2001). Indeed, in Jefferson v. Principi, 271 F.3d 1072 (Fed. Cir. 2001), the United States Court of Appeals for the Federal Circuit (Federal Circuit), citing its decision in Madden, recognized that that Board had inherent fact-finding ability. Id. at 1076; see also 38 U.S.C.A. § 7104(a) (West 2002). Moreover, the United States Court of Appeals for Veterans Claims (Court) has declared that in adjudicating a claim, the Board has the responsibility to weigh and assess the evidence. Bryan v. West, 13 Vet. App. 482, 488-89 (2000); Wilson v. Derwinski, 2 Vet. App. 614, 618 (1992).

I can find no panel or even SJD on Bryan so I haven’t the faintest where they got that cite. Here’s Wilson– Wilson_90-1080.

In any event, here’s the seminal language I was looking for a while back that summarizes what will get the pass:

As a finder of fact, when considering whether lay evidence is satisfactory, the Board may also properly consider internal inconsistency of the statements, facial plausibility, consistency with other evidence submitted on behalf of the Veteran, and the Veteran’s demeanor when testifying at a hearing. See Dalton v. Nicholson, 21 Vet. App. 23, 38 (2007); Caluza v. Brown, 7 Vet. App. 498, 511 (1995), aff’d per curiam, 78 F.3d 604 (Fed. Cir. 1996).

In determining the probative value to be assigned to a medical opinion, the Board must consider three factors. See Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (2008). The initial inquiry in determining probative value is to assess whether a medical expert was fully informed of the pertinent factual premises (i.e., medical history) of the case. A review of the claims file is not required, since a medical professional can also become aware of the relevant medical history by having treated a Veteran for a long period of time or through a factually accurate medical history reported by a Veteran. See id. at 303-04.

The second inquiry involves consideration of whether the medical expert provided a fully articulated opinion. See id. A medical opinion that is equivocal in nature or expressed in speculative language does not provide the degree of certainty required for medical nexus evidence. See McLendon v. Nicholson, 20 Vet. App. 79 (2006).

The third and final factor in determining the probative value of an opinion involves consideration of whether the opinion is supported by a reasoned analysis. The most probative value of a medical opinion comes from its reasoning. Therefore, a medical opinion containing only data and conclusions is not entitled to any weight. In fact, a review of the claims file does not substitute for a lack of a reasoned analysis. See Nieves-Rodriguez, 22 Vet. App. at 304; see also Stefl v. Nicholson, 21 Vet. App. 120, 124 (2007) ( “[A] medical opinion … must support its conclusion with an analysis that the Board can consider and weigh against contrary opinions.”).

As you can see, you have a three-step process to make the magic paper viable. Of course, you could have all these at the RO and still come up short. The reason being is that  the M-21 A1 is missing the chapter containing Madden, Wensch, Jefferson, Wilson, Dalton Caluza, Nieves-Rodriguez , McLendon and Stefl. They live in another adjudication world when up is in and down is wrong. Legal concepts do not enter into the M-21-just denial language and chaos theory.

All in all, this is an interesting decision if for no other reason that it shows the correlation between PTSD and service connection for HCV due to drug/alcohol drug abuse. I don’t have a problem with that. Any port in a storm.

Posted in BvA HCV decisions, Nexus Information, PTSD, Veterans Law | Tagged , , , , , , , , , , | 2 Comments

IT ONLY RAINS ON TUESDAYS AND SATURDAYS IN MAUI

Posted on June 13, 2012 by asknod

On my second vacation to Hawaii in 1993, we went to Maui in June. The wind blows a lot there and really messes with your golf game. I hate that when that happens.

We stayed at the beautiful Kaanapali Alii condos on the beach. Because Buckwheat jr. was only 4 or 5, Cupcake was worried he might do a header off one of the balconies on the upper floors. Therefore we had to pay about twice as much for a ground floor condo. This definitely has its advantages.  Apparently its a  a gecko-rich environment for  little boys.  The downside was that Princess and her friend we brought along  were the subject of much attention by all the young men in the condo who arrived at the sliding glass door and walked in unannounced. We made rule changes the second day.

We met the defensive coordinator (retired) for the San Francisco 49ers and his wife one night at the outdoor barbecues. They were very pleasant and had the condo 3 floors above us. He also was sporting one of those huge Superbowl rings with a diamond about the size of a robin’s egg. Men don’t notice those things but women do.

We arrived on a Sunday from another condo we were slated to stay at. It had cockroaches and my wife wasn’t having any part of it. The Alii was far nicer and right in the middle of Hotel row-and about three times more expensive. It had the added benefit of being a stone’s throw from all the good restaurants so we didn’t have to drive drunk with the kids in tow. We could walk drunk. That’s a piece of cake.

Early Tuesday morning I heard the patter of rain on the bushes outside and prayed it would be nice by morning. For this kind of money, I theorized the least the weather could do was be amenable. As luck would have it Tuesday turned out to be  glorious.  As was Wednesday, Thursday and Friday.

Early Saturday I heard the telltale patter of rain again and Cupcake was absolutely crestfallen that we’d hit right in the middle of monsoon season. This didn’t compute with me because monsoon in Vietnam was August to January. Nevertheless, luck was on our side once again. Saturday day was blue skies and little clouds scudding across the heavens. That evening I remarked to Bill and Dottie that we sure were having good luck on the weather notwithstanding the two episodes of rain. They both looked at each other and then me and remarked that they hadn’t seen any but that maybe they slept through it.

All was well until the next Tuesday early. What were the odds of it raining again? Pretty good, apparently. At the barbecue that evening I remarked that we’d bested the rain Gods  again to looks of incredulity. I’m sure Bill must have thought I’d gone off the deep end at that stage. Come the last Saturday before departure, I heard the magic sound once again and felt compelled to go out and prove beyond the shadow of a doubt that what I was hearing was really happening. It was. It’s just that the sound I was hearing was from the sprinkler systems in the gardens. Duh. Fooled me. And as Roseanne Roseannadana used to say “It always goes to show its something”.

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

VA’s newest “homeless solution”: Smart Phone application?

Posted on June 12, 2012 by joeaveragevet

A few days ago, I pointed out that instead of paying out about 400 million in bonuses, the VA could instead award about 74,400 homeless Vets each a 40% disability rating.  Instead of paying homeless Vets, they propose to give them an “app” on their smart phone!   I did not make this up!

I know it sounds crazy that the VA would add a smartphone app for homeless Vets, but its right on the VA  Vantage point website   Yes, this is NUTS!

Did anyone suggest that maybe homeless Vets can not afford, nor do they have the skills to use a smart phone?  The VA countered that people helping Vets have smart phones.  Sure we do.  We also have computers and the internet, but even with those we could not help about 75,000 Veterans from becoming homeless each nite.  What is a smart phone app going to do that a high speed internet connection cant do?

Dont get me wrong… I’m a nerd and believe that technology can help solve the backlog/homeless Vet problem.  I use the term “backlog/homeless” problem because I view them as nearly the same.   If the VA could solve the backlog problem, it would go a long way in solving the homeless problem.  The problem is the VA does not “get” the close relationship with the million man backlog and 75,000 homeless Vets.   Until they “get” this, homelessness will continue.  There are few, if any “homeless” Vets who work for the VA.  Why?  Well because VA pays its employees in two weeks, but Vets must wait for sometimes years to get their just compensation.   Many people simply cant wait for years without an income and “hang on to their home”.    If the VA paid its Veterans in 2 weeks and made their employees wait for 2 years on their paychecks, then we would see homeless VA employees!   I would like to see VA executives get paid LAST..after every Veteran was paid.  Now that would reduce homelessness!

More importantly is the “culture of denial” at the VA.  Here is a good example of a commenter ROX who alleged he was a “government employee“:

Wow, it seems no matter what the VA does for us vets (I am a vet also), some vets are still so unbelieveably ungratiful! (sic)What can that government do that would make u ungrateful vets happy and shut up and say thank you for anything they do for you (and me). I have never seen more whinney(sic) ungrateful people (men) in my life!

I am vet and service connected and I work for the government. And I am still grateful for everything the VA has done for me, everything!  end of commentor Rox quote.

I take personally his attack on Veterans.  I think the ungrateful ones are government employees earning fat bonuses while 75,000 Veterans are homeless every night.  Notice “Rox” has a government job and can’t spell ungrateful.   I wonder “who he knew” to get his job.

Posted in All about Veterans, Guest authors, HOMELESS VETERANS, VA BACKLOG, vA news | Tagged , , , , , , , , , | 6 Comments

VHA–GIT ‘ER DONE

Posted on June 12, 2012 by asknod

File this one under “We’re paddlin’ as fast as we can!” Member Randy sends us this from his sleuthing everywhere. Sometimes PR flacks tend to be too exuberant and overstate what they were given to disseminate to the mainstream media grazers. Or, on the other hand, sometimes they tip their hand too far and you see the cards. The last paragraph is usually where the meat is.

FOR IMMEDIATE RELEASE

June 11, 2012          

 

VA Announces Aggressive National Recruitment Effort to Hire Mental Health Professionals

WASHINGTON (June 11, 2012)- Secretary of Veterans Affairs Eric K. Shinseki recently announced the department would add approximately 1,600 mental health clinicians as well as nearly 300 support staff to its existing workforce to help meet the increased demand for mental health services.  The Veterans Health Administration (VHA) has developed an aggressive national recruitment program to implement the hiring process quickly and efficiently.

“The mental health and well-being of our brave men and women who have served the Nation is the highest priority for this department,” said Secretary Shinseki.  “We must ensure that all Veterans seeking mental health care have access to timely, responsive and high-quality care.”

VA has developed an aggressive national mental health hiring initiative to improve recruitment and hiring, marketing, education and training programs, and retention efforts for mental health professionals, to include targeted recruitment in rural and highly-rural markets. This will help VA to meet existing and future demands of mental health care services in an integrated collaborative team environment and continue to position VA as an exemplary workplace for mental health care professionals.

It is critical for VA to proactively engage psychiatrists and other mental health care providers about the vital mission to deliver high-quality mental health services, especially for returning combat Veterans.

“The VA mental health community is aggressively transforming the way mental health care services are provided to the Veteran population. As the mental health care workforce continues to increase, VA is committed to improving Veterans’ access to services, especially for at-risk Veterans,” said VA’s Under Secretary for Health Dr. Robert Petzel.

The national recruitment program provides VHA with an in-house team of highly skilled professional recruiters employing private sector best practices to fill the agency’s most mission critical clinical and executive positions.  The recruitment team consists of 21 national, dedicated health care recruiters targeting physician and specialty health care occupations. These recruiters also understand the needs of Veterans because each member is a Veteran.

VHA has also established a hiring and tracking task force to provide oversight for this initiative to move the process forward expeditiously in a focused manner to ensure challenges, issues, or concerns are addressed and resolved.  This task force is accountable for reporting progress in hiring of mental health professionals in these occupations: psychiatrists, psychologists, mental health nurses, social workers, mental health technicians, marriage and family therapists and licensed professional counselors.

VHA anticipates the majority of hires will be selected within approximately six months and the most “hard-to-fill” positions filled by the end of the second quarter of FY 2013. VA has an existing workforce of 20,590 mental health staff that includes nurses, psychiatrists, psychologists, and social workers.

Not wishing to be the nattering nabob of negativity and spoil Gen. Shinseki’s parade, but…

>If “the majority of the new hires will be selected in approximately six months” is vAspeak for their normal delays, shouldn’t we translate that more vaguely into  “Coming to you sometime  in this lifetime?”

> If, indeed, all these new hires manage to be selected, does “selected” mean they will have to be trained by existing personnel, and, if so, when does vA anticipate them coming on line?

> What does vA intend to do, during this hiring spree, with the fact that numerous, recently separated, unemployed Veterans seem to be  developing obsessive/compulsive disorders and chewing on the ends of firearms-thus expiring from lead poisoning?

>At the current, published rate of 1 veteran every 80 minutes taking his own life,  is the vA aware  that there will be approximately 108 veteran deaths by suicide in the interim while these new mental health personnel are “selected” in the next six months (let alone commissioned to act)?

> Has the vA anticipated what the delay of implementing this may have on the Homeless Veteran population, many of whom have mental disorders, too?

> Re the “hard positions” being filled by June of 2013, a year hence, could the vA be more precise as to how many personnel fall into the “hard positions” classification versus “soft” ones?

>Could the VHA describe the the job title and duties of “soft” positions and the approximate pay scale range of same? “Hard” positions?

These might have been the hard questions asked had this been issued live at a podium by Ms. Hickey at 810 Vermont yesterday.  Fortunately, being a press release from VASEC “recently”, it has no provenance, no immediate author to scapegoat and thus escapes scrutiny for content. This is in keeping with their new “non confrontational” posture-a win/win for vA and Vets.

Well, I know I’ll breathe easier and sleep soundly tonight knowing vA at least has a plan! Perhaps vA should ask the homeless Vet on the street what his take is on all this?

Posted in Gulf War Issues, HOMELESS VETERANS, Medical News, PTSD, VA BACKLOG | Tagged , , , , , , , , , , | 2 Comments

WALMARTIANS & THE WAR OF 1812

Posted on June 12, 2012 by asknod

Member (and former Marine) Tombo sends me this one. It’s so priceless I have to share it in its entirety. While I only visit WallyWorld in the fall to get my hunting license, I must admit I, too, see a few aberrant individuals when I go there. This makes perfect sense.

I once won a baseball cap with the Washington Fish and Wildlife logo on it at a golf tournament and wore it out hunting. When I came across other hunters, they’d dial in on that cap and think I was a game warden in disguise so I do know the fun you can have with them. I do not wear Vietnam Veteran-style hats though. I guess I’m still a little leery of being spit on again. San Francisco was not Veteran or military-friendly in May of 1972. Nevertheless, read on. I’m sure you’ve met one of these types.

Vet Caps and Morons

A few days ago an old friend sent me a Vietnam Veteran cap.  I never had one of these before, and I was pretty hyped about it, especially because my friend was considerate enough to take the time to give it to me.

Yesterday I wore it when I went to Walmart.  There was nothing in particular that I needed at the world’s largest retailer; but since I retired, trips to Wally World to look at the Walmartians is always good for some comic relief.  Besides, I always feel pretty normal after seeing some of the people that frequent the establishment.  But I digress…enough of my psychological fixations.

While standing in line to check out, the guy in front of me, probably in his early thirties, asked, “Are you a Viet Nam Vet?”

“No,” I replied.

“Then why are you wearing that cap?”

“Because I couldn’t find the one from the War of 1812.”

I thought it was a snappy retort.

“The War of 1812, huh?” the Walmartian queried, “When was that?”

God forgive me, but I couldn’t pass up such an opportunity.

“1936,” I answered as straight-faced as possible.

He pondered my response for a moment and responded, “Why do they call it the War of 1812 if it was in 1936?”

“It was a Black Op.  No one is supposed to know about it.”

This was beginning to be way fun!

“Dude! Really?” he exclaimed. “How did you get to do something that COOOOL?”

I glanced furtively around me for effect, leaned toward the guy and in a low voice said, “I’m not sure. I was the only Caucasian on the mission.”

“Dude,” he was really getting excited about what he was hearing, “that is seriously awesome!  But didn’t you kind of stand out?”

“Not really.  The other guys were wearing white camouflage.”

The moron nodded knowingly.

“Listen man,” I said in a very serious tone, “You can’t tell anyone about this.  It’s still top secret and I shouldn’t have said anything.”

“Oh yeah?” he gave me that “don’t threaten me” look.

“Like, what’s gonna happen if I do?”

With a really hard look I said, “You have a family don’t you?  We wouldn’t want anything to happen to them, would we?”

The guy gulped, left his basket where it was and fled through the door.  By this time the lady behind me was about to have a heart attack, she was laughing so hard.  I just grinned at her.

After checking out and going to the parking lot I saw Dimwit leaning in a car window talking to a young woman.  Upon catching sight of me he started pointing excitedly in my direction.  Giving him another deadly serious look, I made the I see you gesture.  He turned kind of pale, jumped in the car and sped out of the parking lot.

What a great time!

Tomorrow I’m going back with a Homeland Security cap.

Whoever said retirement is boring just needs the right kind of cap!

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

BVA–LAST NEXUS STANDING

Posted on June 11, 2012 by asknod

Here’s a little trick we have noted over the years of reading decision after decision. On a vast majority of the claims for jet guns, most Vets, due to their unfamiliarity with the Caluza triangle (Hickson elements), submitted claims without nexus letters. When and if they got lucky enough, they ran out and got one to CYA. Some even got good ones that stood up to the rigors of vA’s requirements.

In almost all cases up on appeal at the BvA , when these were presented with a waiver of review by the claimant, and were the only nexus of record on file in the claim, the VLJ was inadvertently forced to grant the claim.There’s a simple reason for this. It backfired on the VARO because they  were too lazy to mount an offense that investigated the medical evidence. Instead, relying on that old, tired saw “There is no evidence in the SMR’s that the claimant had HCV in 1969”. and “The veteran claims he got the dragon from jetguns, but he has no medical training (Espiritu v. Derwinski 1992)  therefore anything the poor misguided soul says is bogus and pure speculation.”

What they fail to do is where the error begins. If the vA Examiner doesn’t perform the magic “It is less likely than more likely that this ever happened the way he says it did,”, then there technically is no “finding” being being pronounced by the VARO. Ergo, no vA nexus. Where you do see the Examiner opine is after a C&P. No C&P = no nexus.

When you submit a really good one that passes all the requirements, and attach a waiver of review in the first instance with the BVA, you create the only nexus of record. If the VLJ isn’t playing fair, he could remand it back to the RO and allow them to craft a denial that fits the original but buttressed by a C&P exam. Yep. You’d have to report for a Dog and Pony show that would reveal what? A tattoo or two? BFD. You can claim they arrived after 1992 and sanitary protocols because you know vA is going to assume they are antiques from the seventies AFTER service. Always remember- you are the date stamp of your tattoos. Whatever you say on the subject is true unless rebutted. We do know that not all tattoos were recorded at exit exams. You are medically competent enough to remember when you woke up with these new acquaintances (Layno v. Brown 1994) If you don’t report for this bogus D&P, you lose anyway. Let’s not go there.

Vets who have won like this (with only one nexus in the C-file) originally arrived with nothing but a 21-526 and perhaps a note from the American Red Cross donation station saying “Thanks, but we were unable to use your gift of life”.  They have no risks other than the jetguns and file with their VSO or pro se. As you can see  from the prior post, many arrive this way. Some, but not a lot, manage to obtain one and for those smart enough to fence off the VARO, they can prevail. The waiver of review, in essence, precludes the VLJ from doing anything other than ruling on it. You have all three requirements for the claim present. The RO (and the BVA) don’t. Check and Mate (checkmate), as they say in Chess. Once painted into this corner, unless the VLJ and  his merry band can find a loophole, there is and can only be, one legal outcome. You may have to go up to the Court to prove that but it is immutable law.

An interesting case would be if a Vet were denied in spite of all the evidence being pro and little con. If the VLJ remanded it back down to the RO searching desperately for a denial, I wonder why the Vet couldn’t file an appeal staying the remand and make the bastards rule on what they have in hand. vA screws us fairly regularly with or without the evidence. Why should the RO be given numerous opportunities that will produce a denial that finally sticks? That was the priceless argument put forth in Shinseki v. Macklem recently.  Anyway, that’s J1VO.

Posted in BvA Decisions, Jetgun BvA Decisions, Nexus Information, Tips and Tricks | Tagged , , , , , , , | Leave a comment

PENSION FLIM-FLAMMING

Posted on June 11, 2012 by asknod

Giving credit where credit is due, member Shawn sends us this morsel. It’s a sore point with me and others where our Veterans assets are disbursed. This really hit home for me in 2010 when my wife’s father passed away. The estate planner showed up and started telling us to move what assets Grandma had left into a trust or transfer them to us so she’d qualify for a VA widower’s pension and quite possibly A&A now that she’s in a nursing home. Grandma doesn’t need it. She and Grandpa did quite well for themselves while they were in their earning years. The SSI was chump change that paid for the gas and groceries.

This is forbidden where Medicaid is concerned and rightfully so. More and more people with obvious financial assets are moving them adroitly into shell trusts or other’s bank accounts in order to qualify for funds that rightfully should be disbursed by SSA. To add insult to injury, the vA makes no effort to determine if you’re scamming the system.  We only see that level of investigation when someone like Keith Roberts pulls their string one time too many and aggravates the vAOIG. The true measure of  vA’s wrath descends then- whether deserved or not.

Surely there are those of us out there who were profligate or worked under the table for wages only to discover they shortchanged their Social Security check to their own detriment later when they needed the income. I know of one who gets about $862, maybe $900 tops because he did this. He’s broke and sick and didn’t foresee HCV. A viable recourse would be to apply to the vA for that pension at the 100% rate of $2769/mo. after he turns 65. I would. What I wouldn’t do is transfer my millions or however much I’d amassed over the years into secret accounts in order to take advantage of that paltry sum. Especially when it robs the food out other Vets’ mouths (figuratively speaking). Sadly the “I,me,me, mine” generation as envisaged by the Beatles song and practiced by the Congressional vultures has come home to roost.

Rarely do I advocate against Veterans except for those who clog up the judicial system with meritless claims. This is one time I agree that the system is  broken  and in need of transformation. With government on the verge of breaking under the financial strain, it seems criminal for the rich to game the system and even more egregious for the feather merchants who aid them in this scheme to benefit as well. Pitch a bitch. It’s your money they’re absconding with.

Here’s the article and thank you to Shawn for bringing it to our attention. This is your site. Use it when you see a problem because these things metastasize when they are ignored. Look no further than those crazy programs where farmers were paid NOT to grow things. Next thing we see is millionaire movie star “farmers” investing in farms they don’t operate and have no plans of growing foodstuffs on. Hell, they often don’t even have harvesters or tractors with which to NOT grow the crops they’re getting paid NOT to plant. America has a flat tire. This November would be a good time to fix it.

It’s Joe Veteran’s Administration

but the  Benefits Department ain’t his.

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

BVA– TEXAS VETERANS COMMISION

Posted on June 10, 2012 by asknod

FROM THE DAVID KORESH

MEMORIAL VARO IN WACO

Here’s an interesting decision. We don’t know if the chicken or the egg came first. We do know that WGM used this outfit  out of Houston, but that is no guarantee of success up in David Koresh’s neighborhood.  We’ve heard all manner of strange occurrences at the Wacko RO so another one with no nexus letter shouldn’t come as any surprise. At least they managed to fill out the Form 8 correctly and certify the appeal.Maybe WGM arrived at the Texas Veterans Commission (TVC) office with the nexus in hand and didn’t need an admonition to supply one.

One thing’s for sure. The TVC isn’t going to supply one and if you’re headed to a Texas Necktie party it’s a good idea to have one. Nevertheless, the gentleman from the TVC in Waco didn’t see fit to inform our Veteran friend. Therefore he becomes the odd man out when the music stops. This is sad. Perhaps criminal is a better word.

We all know what the program is and can preach about it all night. The VSO/TVC groups all know this isn’t going to get past V2 and take off without the nexus so what gives? Here we are in Washington D.C. with 2 or 3 years into an appeal and someone (VLJ George Senyk) has to be the bearer of bad tidings? Why even bother with a VSO if this is the case? Hell, why bother to appeal at all?

This is one of those classic examples of why you should either educate yourself on the process  if you intend to DIY or get a real legal beagle. They may soak you for 20% but at least they know the ingredients for this recipe. Texas Tim is now up broken paddle creek with very few options. He can’t appeal to the Court because that would be futile. What could he possibly hang his Stetson on? The only viable option is Square 1-refile to reopen with a corresponding loss of his earlier claim date of 2008. Four years invested in this and nothing to show for it. I reckon down in Texas they have some cute phrase for when that happens and it’s probably more strongly worded that “Don’t that just take the cake?”  or “Dang!” In South Carolina, we’d use the longest word ever invented for that purpose: “Shiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii-i-i-t!”

Posted in BvA HCV decisions, Nexus Information | Tagged , , , , , , , , , , | 10 Comments

HCV & PALEO FOODS

Posted on June 10, 2012 by asknod

HCV requires a special diet that takes the load off the liver much like a jackstand takes the pressure off a wheel supporting a vehicle. One good way to do this is to eat good, empty, high fiber foods that have vitamins and minerals but lack the cholesterol baggage. Meet Mr. Coconut.

The coconut is what my son refers to as Paleo food as in Paleolithic in that it is a staple of many who lack access to Safeway grocery stores and their ilk. He’s a half-owner in a Crossfit  Exercise Gym and strongly recommends it. It does have saturated fats but no  transfats or the aforementioned dreaded cholesterol. It has no additives, is low in iron and has lots of neat things in it like potassium in case you get tired of pounding down bananas. My parrot loves it. The coconut milk  is very nutritional, too. Were I still a drinker, I would consider a marriage with Vodka.

I swear by these things for several different reasons. They’re about $1.50 each and last longer than a bag of potato chips.  Sitting  here typing is hard work and my brain needs manganese and saturated fat. Many will say its too difficult to access the cocomeat. Nonsense. If you wish to forego the milk you can crack it open without draining it. In that event, put on a raincoat or w/p apron.

Check it out for the visually inclined. Three tools are needed. A drill or sharp punch to go through two of the three holes at the north pole, a hammer or like device and a very dull butter knife . Unless you want to get on a first-name basis with the ER nurses, this is an important consideration (the knife).

Phase 1–drill the puppy out. Here’s the tools I use, too.

Next, drain out the milk. Two holes are needed for this unless you have lots of time.

Coconuts always crack on the equator, never on the vertical.

Next, crack the two halves by laying them flat and reduce to quarters or eighths.

Take your dull table knife and insert it between the hard shell and the meat and work it around the perimeter until the meat breaks free. Throw the shell away.  My goat won’ t even eat it.

Rinse off the final product and enjoy. For some anally retentive types, removal of the brown skin with a carrot peeler is considered a must. I look at it much like the skin on a potato.

This concludes Sunday’s Betty Crocker adventure in fine dining. If you are having problems, there’s a coconut helpline available M-F from 0800-1730 EDT at 800-827-1000.

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