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?

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NW HABITAT FOR HUMIDITY

While the rest of the world swelters, we in the Northwest seem destined to rust. With all the rain and cloudy days here, our temperatures have plummeted into the high 50s to the low sixties. Cupcake had to knit little wool coats for all the corn starts. 14 rows X 43 starts was a lot of  little coats. Well, would you believe I used  8″ X 12″ clear plastic  containers that Costco sells veggies in. I call them mini-greenhouses.

Where the tomato crop is concerned, I was hoping for deliverance from the VA’s ILP program. That hasn’t happened yet but I never throw in the towel on this puppy. The program runs for a year so I have plenty of time to work it in. In the interim, I’m stuck with a globally abnormal predicament which is anathema to tomatoes. What to do?

Why, ne problemo.  Ask Cupcake if I can borrow one. When you are the former owner of a construction company, you simply ask the new owner if you can requisition some scaffolding and planks and erect a “Habitat for Humidity”. This structure holds back the elements yet permits the passage of the meager sunlight available. It’s a poor substitute for the real thing and is not impervious to temperature extremes. Nevertheless, it prevents the dreaded mold everyone else at the nursery is bemoaning. Behold what Nod hath wrought.

50 very dry happy tomatoes.

Posted in Food for the soul, Independent Living Program | Tagged , , , , , | 1 Comment

CATCH 23–TOUGH LUCK

Nashville, Tennessee

Imagine reporting for your colonoscopy at the VA. Sanitary protocols are in place now, right? We’re talking 2008 and forward. In RO and BVA decisions , they constantly dredge up the fact that while there may have been “suspect sanitary conditions” prior to the 90s, these are all a thing of the past and unheard of now.

Mr. Carl Huddleson, rightfully assuming  this, showed up for his procedure along with thousands of others based on this premise. VAMCs tout themselves as the cutting edge of medicine and being light years ahead of regular medical facilities. What he and his fellow Veterans weren’t told about was the sloppy endoscopic cleaning procedures and the requirements that were ignored. When he received a notice to get checked for HBV, HCV and HIV years after his procedure, he promptly did so. He discovered he’d been infected with HBV. He was one of the lucky ones in that respect.

In addition to Carl, more than 10,000  fellow Veterans were notified in 2009 that they needed to be tested due to  unsanitary cleaning procedures at the Murfreesboro, Tenn.,  Atlanta, Ga. and the Miami, Florida VAMCs . Later, the vA revealed that 13 Vets had tested positive for HBV. Worse by far, 34 Vets were diagnosed with HCV and six with HIV. Oops!  Bummer, dude. Sorry.

When you sue the government (or vA) in these circumstances, you utilize the Federal Tort Claims Act (FTCA). You must file within 2 (two) years of the alleged incident. This time limit is as inviolate as the year you are given for a denial at the RO, the 60 days for the F-9, etc. Mr. Huddleson promptly filed within months of being informed of the compromised sanitary protocols. In fact, he filed virtually as soon as the tests came back positive. The problem was that he filed after more than three years. Bummer, Carl.

The Federal Appeals Court’s holding was simple-“Carl. You ignorant slut. You filed too late so we don’t have to pay you.” Never mind that he didn’t have the requisite knowledge to file sooner due to the delay in informing him of the danger. Ignore, too, the damning evidence of what ensued. The time violation became the focal point of the decision.

If anyone needed more evidence that the game is rigged and winning is impossible, Mr. Huddleson’s case is a classic example. At some point, equitable tolling has to arise.  The law cannot be so rigid as to not foresee this eventuality. We pray he files an Appeal because, if allowed to stand, this precedent bodes ill for all the others following in his footsteps. As an aside, I tried filing a FTCA for what the VHA did to my abdomen but discovered few takers. Most of the rainmakers wanted me to pony up $30K of my own money for a professional witness before they’d even consider it.

An important precept in law is that the government should not be allowed to profit from its errors as they appear to have done here. A verifiable injury has occurred and the government has resorted to a tortured reading of law that ignores several precepts. By lulling Mr. Huddleson into believing the colonoscopy was sanitary, they essentially estopped him from getting tested to be sure he hadn’t been infected. I doubt vA would have acquiesced to any testing  absent symptoms though. Similarly, equitable tolling would logically ensue from the date of notification-not the day of the procedure. As Mr. Huddleson is assumed to be ignorant of medical science, he would not be motivated to investigate his health sooner. This decision begs to be appealed higher. It’s almost classic proof, too, of our legal system’s indifference to the plight of Veterans.

We are constantly reminded that we inhabit a special legal system within the normal one where we are accorded special dispensations such as the benefit of the doubt and laches. A veteran friendly environment is the hallmark of the ex parte procedure. However, the moment we set foot into the real world of jurisprudence all these supposed special dispensations evaporate.

Apparently the Doctrine of laches  attaches outside the confines of vA  jurisprudence.  More’s the pity. This must be in keeping with the seminal Nehmer decision whereby the vA decided to give us presumptive service connection for Porphyrea Cutanea Tarda and Chloracne in 1991. The Catch 23 with that one was you had to manifest the disease at 10% or more within one year of leaving the Republic of Vietnam and it had to be in the SMRs. My kingdom for a DeLorean with a Hyperdrive motivator and a flux capacitor.

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VETS IN SANTA BARBARA

I received this from member Emo, one of my most favorite HCVets friends. She and I have a bond of being AF brats and know TAC intimately. TAC stands for Tactical Air Command and encompasses fighter aircraft, not the B-52 milk trucks.

Here are some poignant pictures of the beach next to the pier in Santa Barbara. That’s in California (not Mexico) for all you geographically challenged Chicagoans. Apparently a cadre of Vets sets this up every weekend and takes it down too.  One or more Vets stand guard overnight to prevent anyone from vandalizing it. It definitely left a lump in my throat.

Even though we were treated like scum and called all number of names when we came home from Vietnam, it does my heart good to see we are finally getting the respect that should come with the territory. Never have so many done so much for so little remuneration or accolades.

It makes me wish I lived in Santa Barbara so I could either help with the logistics or at least visit it and see it with my own eyes. It’s a very powerful visual-of that no one can deny.

George Washington had this to say in 1789.

The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to as to how they see Veterans of earlier wars were treated and appreciated by this country.

If we continue to break that trust and abrogate the promises made by prior administrations, one day we will wake up to find no one willing to defend our shores. I expect Canada will simultaneously experience a tremendous population explosion.

America is great for one reason and one reason only. We’re the biggest kid on the block. When other nations perceive an unwillingness on our part to be the biggest and the strongest force for good, then we will find ourselves in deep doo-doo.

AMEN

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CONGRESS PASSES VETS BILL

This was almost a foregone conclusion. No one was going to commit political hari kiri and fall on their sword. It shows they have the stomach to do the right thing. Never before have we used troops like paper towels to wipe up the waste of the world and then thrown them away. Wait. What about that little boundary dispute on the Indochinese peninsula about 50 years ago?  I guess that one didn’t count because America wasn’t”behind it”.

I hope these Vets coming out of Southwest Asia don’t start getting the lip service and the “We simply don’t have the assets to provide for them” in about 20 years when most start coming down with even more problems. We’ve never sent troops into harm’s way three, four and even five times back to back -ever. The fallout from this one is going to be felt for several score years. Look at all of us from the 60’s for affirmation of this theory.

Our finances are in disarray. Our credit is dubious. The one thing we can ill afford is to diss the guys who protect us. Passing this bill was a duh. Watch and see all the teeth-gnashing that ensues when it get up to the Senate. This might cut into funding for the Bridges to Nowhere and Welfare entitlements. We probably won’t recognize it when it is finally signed by the Big O. Look for medical packages with RFID thermometers in them near the front doors of VAMCs. Triage will be self-administered soon.

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VHA–CURED AT LAST

Here’s an interesting take on the HCV population among Veterans. Being viewed through rose-colored spectacles as always, it seems we’re either healing ourselves via IFN SVR or God is busy curing us.

It’s not until you get to the end of the article that you discover how they are now counting us. On page 56 (of 61 pages), we see this:

Table A.1 and A.2 show the number of Veterans with chronic HCV in VHA care by VISN and local healthcare system, respectively, in three recent years. To be counted in a given year, a Veteran must:

Exist in the Clinical Case Registry for HCV and

Have a history of measurable HCV viral load and

Have a hospitalization, outpatient visit, or prescription filled in the VISN ( healthcare system) during the calendar year of interest. A Veteran was counted in each VISN (healthcare system) providing him or her care during the year.

Notice the use of the word “and” rather than “or”. This means all the requirements must be met for a Vet to be counted. Failure to meet even one means you are not

Since there have been no more studies since this one in 2010, it is outdated. Additionally, they use some of the most archaic techniques to measure infection and populations. As a whole, the study is grossly flawed. I’m sure they paid good money for this but it tells us nothing new about the disease process and tries to downplay the long term effects and numbers of the infected. About the only statistic that has validity was the observation that Vietnam Veterans seem to be the ones with the most infections. Duh.

How about this?

Although the total number of Veterans with chronic HCV in VHA care changed little from 2005 to 2008, there was a geographic shift in their distribution toward VISNs in the Southeast. Comparing 2005 to 2008, VISNs with increases of at least 200 Veterans with chronic HCV included VISNs 7 (+455), 6 (+453), and 8 (+270). In contrast, VISNs 3 (-523), 22 (-465), 16 (-386), and 11 (-351) each decreased by more than 300 patients. The shift in geographic distribution may be due in part to Veterans transferring care within VHA and expanded screening and testing for hepatitis C; however additional investigation is required to further understand this geographic shift.

That’s it. They moved to Mississippi but we need to spend about another $2 million studying it to be sure. Those drug-addled Veterans are pretty slippery. It would be just like them to pick up and move or quit coming in for care and screw up our statistics. Mo’ money, honey. Not for the Vets. For us statisticians.

Posted in HCV Health, vA news, Vietnam Disease Issues | Tagged , , , , | Leave a comment

GOOD NEWS

Member Chase got his new liver yesterday evening. We won’t go into all the reasons why this was unnecessary. The operation took 8 hours and CDNEH tells me he’s doing well and the new machine has already turned over and is idling nicely. She asks me to thank all of you who said prayers for him. Now for service connection for this horrible medical misadventure( Vertex, IFN + Ribavirin).

I have to interject that I’d be looking at this doctor and saying “You’re kidding me, right? This is the sperm that won?” Most kids say when they grow up they want to be a fireman or an astronaut. Did this guy decide he wanted to be a vA doctor and kill people? Seems a lot of us have some bad experiences when we depend on their judgement. 

P.S. Flowers–The next best thing to being there. These are an incredible blue-perfect for hospitals to contrast with that ungodly green they paint everything. Bleh.

My daughter brought this for Mother’s day. If Lexus ever painted a car this color of pink, every Mary Kay regional supervisor would opt for one.

Posted in All about Veterans, Food for the soul, HCV Health | Tagged , , , | 3 Comments