Poll: How many Vets know what OSC is?

Posted on June 16, 2012 by joeaveragevet

In this poll, I would like to know if Vets know what the OSC is? Please don’t peek and use Google.

Posted in polls, Uncategorized | Tagged , , , , | 1 Comment

BRAIN FOG AND HCV

Posted on June 16, 2012 by asknod

Here’s a great write up on what’s wrong with us. Read and heed. I love Liver Support News and as long as I keep buying Ultrathistle from Natural Wellness, I’ll probably keep finding this in the email. I notice the author, Nicole Cutler, is a “L.Ac.” I wonder if that short, medicalese for Licensed Acupuncturist. It could be. Or Liver Accountant or…

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

THE BATTLE OF ATHENS, TENN.–1946

Posted on June 16, 2012 by asknod

Sent in by member Bob. Something I certainly didn’t know. I’m sure everyone in Tennessee is aware of it, but I wasn’t and I only lived a whoop and a holler over the Appalachians in Virginia for most of my life. A good watch at 4 minutes. Makes you proud to fight the good fight for Veterans rights considering the sorry state they’re in right now. Check it out.

Posted in All about Veterans, Food for the soul | Tagged , , , , , | 1 Comment

THANK YOU vA

Posted on June 16, 2012 by asknod

On behalf of myself and the crew here at ASKNOD (Cupcake, Joe Average Vet,horse, goat, feral kitty and two dogs), I wish to thank the vA for the new computer and peripherals which were installed by their IT technician. Everything seems to be up and running. Dragon speak will require more work as I’m just learning it. The monitor is so big I feel like I’m in the theater sitting in the front row. High def is unbelievable. Moving everything over from the old c-box is the next chore. The idea of the vA giving me the tools to wreak more havoc on the VBA via our membership is still a hard concept to grasp. Do they know the juggernaut they have created?

Posted in Independent Living Program, VR&E | Tagged , , , , | 5 Comments

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