FREE VA MEDICAL FOR LIFE

 

From Patricia at HCVets…

My, how considerate of the MiamiVAMC to offer free medical for life to the 5 Veterans who came down with HIV, the eight who tested positive for HCV and the sole Vet who contracted Hepatitis B. I’m going to venture out on a limb and bet that they didn’t even have to file a 38 USC §1151 claim in order to qualify for these benefits. I also wonder if they were told they could file claims for this and get service connected now that they are hopelessly infected.

Let this be a lesson in where not to get a colonoscopy.

Posted in vA news | Tagged , , , , , , , , , , , , , | 1 Comment

VAOIG: Admits to 53% Error rate at San Diego

We have all heard the VA boast of its 80-90 % VARO “correct decision” rate.   While most of us realized this is just another manipulation of the numbers, I think ask nod readers deserve to know why there is a discrepency between the VAOIG rates and those reported by the VA. Bergmann & Moore, a noted Veterans lawyer firm has this to say.

The VARO’s take the number of claims appealed by the Veteran, and divides them by the number of claims processed to arrive at the “error rate”.

This makes the assumption that a Veteran, never trained in VA procedures or appealate review, knows more about claims than Regional Office Management.   After all, it is the Veteran who must initiate appellate review at the RO level.   If the Vet does not appeal, the decision becomes “final” in one year, and is “assumed” to be correct.

However, there are many more reasons why a Veteran does not appeal.  He may be too sick, dying, or even deceased.  He may be homeless and have no phone or address to put on his form.   He may not have even received the decision, as mailmen do not deliver mail  to 1234 “under the bridge” Homelesstown, USA. 60609

Still more are advised by their Veteran Service Officer NOT to appeal.  After all, appeal courts are overburdened also, and won’t they be helping a fellow Vet out by just accepting the RO decision..even if its in error 53% of the time, as this article states?  My VSO said I should be happy with my “service connection” at 0%, because I can always “ask for an increase”, that is, after a trip to Washington DC at the Board of Appeals where my denial for Service connection was reversed.

A better way (though it does paint a less rosey picture of the VA Regional Offices) to calculate the error rate would be to see how many of the cases which are appealed are awarded or remanded.   You see, even a remand means there was at least some type of error in the decision.  If you do this, as in the  BVA chairman’s report,  on page 22, you will see that 42.4 % were remanded, 26.9% allowed and just 28.1% were denied.  This means the RO decision was “correct” 28.1 percent of the time.   Still more Vets will be awarded benefits at the CAVC or Federal Circuit levels, and some Vets with claim errors at the RO level were “fixed” by a DRO review so the “correct” rate is actually less than 28.1 percent.

According to this VAOIG report, the VA overstates the timeliness of mental health care. Could the VA possibly be overstating their error rate too?

Posted in BvA Decisions, Guest authors, vA news, vARO Decisions, Veterans Law | Tagged , , , , | 13 Comments

From My Facebook

This is from Rebeccamarie Beque Mignonesalaiz. It is a photograph by Richie Bulldog. It is the epitome of all we feel on Memorial Day. I’m sorry I didn’t see it and post it sooner. My apologies Rebeccamarie.

I forgot to add Rebeccamarie’s logo next to her name. This is a scream! I want one.

Posted in Food for the soul, Inspirational Veterans, Milestones | Tagged , , , , | 2 Comments

ADVA’s “Look the other way” plan

We are all aware of the VAOIG’s policy of “making recommendations” to combat fraud in the VA.   One example of this was in Shreddergate 1, where the VAOIG recommended that those “untrained employees” who shredded Veterans evidence be trained to know the difference between last weeks Burger King wrapper and Veterans’ evidence.

That was a bit too strong, so now the ADVA (Arkansas Dept. of Veteran Affairs) is implementing its “Look the other way plan”….that is, until you get caught, and then your coworkers hang you out to dry to keep their own job.

In Arkansas, this is exactly what happened:

http://arkansasmatters.com/fulltext?nxd_id=546932

However, now even the Arkansas governor is taking heat, because the ADVA’s “look the other way” plan backfired and  went right up the ladder to the governors office:

http://arkansasgopwing.blogspot.com/2012/06/part-ii-swindling-veterans-by-arkansas.html

Arkansas Dept. of Veterans Affairs employees  need not worry about prosecution as the article states , “Criminal charges against Pickard are unlikely, according to the VA.”

Posted in Guest authors, Uncategorized, vA news | Tagged , , , , | Leave a comment

STRAWBERRY FIELDS FOREVER

Back in 2006, when I finished building the last house I ever want to live in, my wife directed the landscaping of the embankment in the front.   In spite of an extensive sprinkler system some of the vegetation refused to flourish and died over time. The nursery replaced some of it to no avail. Eventually we had a weed garden that sported almost all Nature’s opportunists. I became the West Coast distributor for dandelions and thistle.

Early Spring dawned in 2007 and I noticed what appeared to be a strawberry plant in the middle at the top of the hill. Several months later I discovered it was going viral. Our next door neighbors had a small patch so we surmised it arrived via a bird. We’ve since had to pull out several tomato plants as well. Harvesting the berries was not feasible as the birds and the slugs got them faster than I could find and rescue them. Things continued apace until I went into the hospital in 2009-10. The embankment was left to its own devices for well over two years.

When I finally regained my senses last summer and started maintaining the property again, I discovered the strawberries had taken over the whole embankment. Go figure. You spend hundreds and hundreds of dollars and end up losing everything but the weeds and along comes an edible groundcover that refuses to abate. Someone once observed that Nature abhors a vacuum. Truer words were never spoken.

What we have now is impervious to weeds and the absolute joy of my grandsons-forty yards by 10 feet of unlimited strawberries and no weeds to be seen. The berries choke them out completely. The volume of fruit exceeds what even the birds, squirrels and slugs can decimate.

This spring,  my neighbor came over to talk about one thing or another (my dogs pooping on her front lawn) and was dumbfounded to see the strawberries. They’ve been babying theirs along with fertilizer and TLC now for 8 years with abysmal results. That’s the karma they got for letting their dogs crap all over my property for 5 years. I was simply polite enough not to complain about it. That problem was eventually solved by the dogs dying of old age.

While this has nothing to do with your claims, it shows how tenacious a plant can be. It should be a valuable lesson when dealing with the vA.  Let these tenacious berries be a teaching moment and smother the vA in pleadings and filings until they are inundated in dog poop (which makes an excellent fertilizer, I might add.).

I should justify this post by saying that I called up my vA PCP scheduler and asked to be tested for IHD due to AO. They told me they’d pencil me in for a workup in December sometime and get back to me. I asked with as little sarcasm as possible if that was December 2012 or 2013. The lady became very pissy with me so I voted with the “end” button. I exercised my rights under Medicare and had it done in the last several weeks and I’m glad to announce that the heart attack I had in the VAMC hospital October 2009 was due to medical negligence (septal infarct) and not Agent Orange. I’m glad we got that settled.

Posted in Food for the soul | Tagged , , , , | 1 Comment

BVA–2012 DECISIONS OUT…OR NOT

BvA’s new decisions through the end of March are out. I notice there are already 15, 652 listed just for Hepatitis. Pardon my French but Holy shit, Batman! That is a lot of sick Veterans. If this represents just the appeals in the first quarter, can you image the tidal wave of  HCV claims that weren’t appealed?  So much for the theory that HCV claims are starting to slow down.

They’re in there but vA isn’t letting us look at them yet! To add insult to injury, it gives me the 404 error.

Postscript– I set loose the dogs of computer and had them attack it by tampering with  the IPVs and different browsers because I use Chrome. Even a different computer wouldn’t open them. If anyone does dislodge the puppies be sure and let us know.

Posted in BvA HCV decisions, vA news | Tagged , , , , , , , , , , , | 5 Comments

BANISHED FROM THE PROMISED LAND

On the one day we honor and remember our fallen from all wars including the Indochinese peninsula, I hear from numerous Vets of some troubling news. As most know, I strive to keep this site politically neutral because I respect that some march to the beat of a different drummer. I see the effects of partisan politics in my birthplace and it tasks me. I take no joy in professing my beliefs as being better than yours. I find it officious when others do it.

My war, such as it is, lies with the vA and their abysmal record in serving our patriots. The only other constitutional point I am adamant about is the 2nd Amendment. What part of ” the people” is so difficult to understand in the First, Second, Fourth. Fifth and Ninth  items in the Bill of Rights? In fact, I am a Benefactor member of the NRA. My father bought me my Life membership when I was 5 years old in 1956.  I have increased my commitment over the years as my finances dictated.

So it was with great disappointment that I started hearing from friends and the Veterans’ websites of a very strange occurrence. It seems our President usurped not only the Wall but the Arlington National Cemetery as well for his own reelection speeches on that hallowed day. This would not be so egregious if he had not denied entry to the hoards of legitimate mourners who showed up to honor their Fathers, Brothers, Sisters, Sons and Daughters sacrifice as they do every year. To deny these loved ones on a no-notice basis, some of whom traveled from distant points to be there, shows little no respect whatsoever for their feelings. I don’t believe any Commander in Chief should ever do what he did. Some of you may disagree with me. That is your right and I will be the first to stand beside you to defend it-always, as I strongly suspect you would for me under similar circumstances.

Several Presidents over the years have made speeches there on Memorial Day. Some have been greeted warmly-some not. The choice to risk opprobrium by showing up for a Dog and Pony show is a risk that must be weighed. What must never happen is sweeping out the riff-raff and replacing them with your own chosen ones who will applaud your every word. This reeks of hypocrisy on any day of the week. To attempt it on the most hallowed of all days breaks faith with even those who are willing to put aside political grievances to be near monuments or grave stones to their loved ones.

That this man would not only disenfranchise Vietnam Veterans but Veterans’ loved ones from other conflicts at the ANC defies belief, let alone common sense. If you wanted to single-handedly anger every Veteran you could on Memorial Day, I cannot think of a more revolting way in which to accomplish it.

I understand that this man wishes to be reelected again in November. I do not fault him for that. Were I in his shoes, I would too. What I most certainly wouldn’t do is deprive us the touchstone of the Wall or Arlington. My father was interred there on July 8th, 2008. He received the last flyover of F-15s from Langley AFB in the Missing Man formation. Sadly, it was the last one for an Air Force General and a triple ace. That type of respect has been forbidden to all henceforth. Why, we will be left to fathom forever or until a new president revokes the  prohibition.

The point of this diatribe is obvious. It has nothing to do with your political stripe, your race or even your religion. It has everything to do with the heady essence of being an American-free to tread in all places at all times without being evicted by one of your fellow Americans for a campaign speech or photo op. Whether you are a Veteran or not is immaterial. The Mall, and more appropriately, the Wall, are the most-visited of all the monuments on Memorial Day. The Rolling Thunder display by all the motorcycled Veterans and their cohorts is  moving beyond description.

What comes to mind is the line from the Head pigs in Animal Farm by George Orwell.  After being chastised for eating all the good food and letting the other animals go hungry, one of the Appointed had this to say: “Some pigs are more equal than other pigs.”

Another one might be Marie Antoinette’s famous rejoinder: “Let them eat cake”. The chutzpah of this gentleman from Chicago is beyond the pale.  It would appear he’s becoming a legend in his own mind. This will not have the desired effect he so desperately tried to orchestrate on Memorial Day. In North Korea, they have minders to steer you away from “problem areas” that might be politically embarrassing. Apparently he left his behind when he ventured out last Monday. I suppose he can only hope Veterans have incredibly short memories come November.

One last parting thought. We thought we would be getting an erudite, stand up vA Secretary when this man was elected. We were sorely disappointed in that regard.  We have been promised much but given little. While I don’t think it is a prerequisite that a candidate for the highest office in the land be a Veteran, I feel we have been better served when one is ensconced there. We certainly would not have seen this rude, crude, boorish socially inept display of indifference to the loved ones of our fallen.

I, personally, would apologize to you if I had voted for him. Lest I be judged, I rarely castigate others. I will refrain from doing so here. Suffice it to say that I am underwhelmed with respect for how he treated Americans last week-regardless of his political affiliation.

Posted in All about Veterans, Complaints Department | Tagged , , , , | 4 Comments

125 DAYS WHEN?

I am interested in your thoughts on all this. Here is a poll that will illuminate us all in how confident you are in vA’s promises to reach a 125-day schedule. America wants to know, too. Vote Chicago style-again and again like American Idol. Stuff the box to your heart’s content. Since I don’t think I’ll be alive to witness it, in my mind all answers are probably going to be right.

Gee. That sucks. I tried to vote in my own poll and it won’t let me.

Posted in All about Veterans, polls, VA BACKLOG | Tagged , , , , , , | 3 Comments

THAT PESKY vA MATH AGAIN… IT DOESN’T ADD UP

A few months ago Secretary Shinseki patted himself on the back touting the success of his Veterans homeless programs:

But wait..there’s more!  It’s that “VA math time again” that adds 50% and 30% and gets 70%!  Once again, the numbers don’t add up.   You see, most of us have not seen a reduction in Veteran homelessness, but rather see it this way:

The VA has been doing a lot of “overstating“, such as this.

I wonder what else the VA is overstating?

Posted in Guest authors, HOMELESS VETERANS, VA BACKLOG | Tagged , , , , , , , | 3 Comments

EAJA–WHAT IS IT?

This answers the questions about EAJA much better than I can:

However,  nobody at the VA has ever been able to answer my question:  If Veterans don’t need an attorney, then why doesn’t the VA fire its 600 or so VA employee lawyers who represent the VA against the Veteran?    That sounds like it would be fair to me..no lawyers for the Vet, none for the VA either.   The non lawyers could “duke it out”.

Im always suspicious of someone who offers me advice…then does the opposite for themselves.  Isnt that what the VA is doing???  Telling Vets they dont need lawyers then use their own lawyers to deny Vets their benefits.   Oh, maybe this is because the VA is “paternalistic”?   If the vA  is so”paternalistic” , then why is an appeal even necessary?

Why do I think the VA LIKES IT when we take a knife to a gunfight by sending an inconsistently trained VSO against a team of VA employee lawyers?

Posted in EAJA, Guest authors, Veterans Law | Tagged , , , , , , | Leave a comment