No Balling…even more profitable than lowballing

The VA has established a new standard of excellence in lowballing.  Its called “no” balling, where the Veteran has an established disability (service connected) and the VA “admits” it, and concludes it is 0 percent disabling.   If you have been “no” balled with hep C or even hearing loss (been rated by the VA as Service connected at 0 percent) then this suggests you appeal promptly.  Dont even think about not appealing, regardless of what your VSO tells you.   Don’t they count a zero percent rating as a “win” for VSO’s?

After all, now that the Veteran is service connected, can he not apply for an “increase” and start the delay process all over again?  This is job security for VSO’s and rating specialists, ensuring they never run out of Veterans to help.

I wonder if this is how the VA manages to try to show that VSO’s “win” as many cases for Veterans as do lawyers.  Im sure that lawyers are interested in counting up their winnings:  20% Fee times 0% percent retro times 10 year delay this makes my attorney fee….What?  This is VA math taken too far.  I kind of doubt lawyers would be able to obtain their law degree with “VA level math skills”.

The VA must have Superman  type X ray vision to even detect this “detectable malady” but conclude it causes the Veteran no financial loss.   How would the VA detect such a malady if, indeed, it caused the Veteran “0%” loss?   Wouldn’t this disability be “invisible”?

Better would be to require the Veteran, if indeed he posseses such a “invisible disability” to instead award benefits, and make him wear a T shirt that says:

“I have a hearing loss rated at 0% with the VA..please speak up”

or

“I have hep C rated at zero percent, so dont have sex with me”.

A VA rating at zero percent is just one step on a many step delay process.  To which, there is only one answer:

Appeal, appeal, appeal.

(Guest author Joe Average Vet is now writing for the site, too.)

Posted in Complaints Department, General Messages, Guest authors, Tips and Tricks, Uncategorized | Tagged , , , , , , | 1 Comment

BVA–Lowballing for Fun and Profit

VA seems condemned to never looking up to make eye contact with you. They are fixated on the records in front of them and struggle to come to the lowest rating that can pass muster. Facts are inconvenient nuisances and interfere with the  business at hand. They are so backlogged, they are dealing with what was happening in 2005 to this Vet at the expense of what is going on in 2009. This permits them to only offer a small pittance of what he is due.

Here we have the umpteen thousandth hep claim out of St. Petersburg. I’m convinced the whole lot of them have  it. Either that or VA has an unwritten rule that says everybody in the south has to go to Tampa to file. This is a good one.

This decision reflects a win, an attempt to screw the Vet, an attempt to lowball via a Fenderson staged rating, a vain attempt to buy the Vet off after it’s evident he’s not going to accept 20%, and lastly the appeal to D.C. to get a sympathetic ear. The judge can clearly see the correlation between the hep and the cirrhosis and the obvious conclusion. It’s really too bad that there can be no punishment for the perennial stupidity that passes for RO adjudication. The evidence is overwhelmingly in the Vet’s favor yet the DRO is digging his heels in and refusing to grant the proper rating that applies to the level of disability.

In the Introduction at the top of the decision, the reader can see the history of this Vet’s travails. He won in June 2006 and fights for a rating equal to his illness. SPRO refuses to deal with him and finally sends out the SOC. The moment they get the F-9 back they suddenlyoffer 40%-and no more. They have the 21-4192 in hand showing he’s toast for employment and they still won’t budge. This is criminal behavior in any other venue but here it is non adversarial and an attempt to make sure the Vet gets everything coming to him-literally.

Since most of us will get DM2- especially if we go on any long term Interferon fishing expeditions, for VA to turn him down on it is facetious. He’s Stage 4 in cirrhosis. Where do they think he got the DM from? Cleaning infected traffic signal lights? Fortunately this guy could see futility writ large on the wall and filed a waiver to get this to D.C. and out of the grasp of St. Pete’s Puzzle Palace.

Additional evidence in support of the Veteran’s claim for increase was received in March 2010, along with a waiver of review by the RO. As a result of this waiver, the case was certified to the Board and the newly submitted evidence was sent directly to the Board without a preliminary review by the RO.

This is what I advocate for Vets. When the RO has reached emptiness, it’s time to move the flag to D.C. There’s nothing to be gained from a DRO review at this point.  Fortunately for the Vet, he realized it. That shaved several years off the process.

VA tries so hard to present themselves as being compassionate about the process yet they regularly expose themselves like a streaker with their behavior. What was to be gained other than a two year delay in awarding what was a slam dunk rating? Ex parte justice is very informal but should have some form of safeguard that prevents this from even needing an appeal. For all the paeans sung about the VA ‘s much vaunted jurisprudence, the VSOs and VA examiners who sing them must wear rose-tinted glasses. How else to explain this five year miscarriage of justice? It rises much higher than a simple misunderstanding on the RO’s part.

Sadly, there will be no changes until they relinquish the power to subcontractors. Once in the hands of the private sector, even a small percentage of early decisions would show the disparity in how the claims are decided. VA would have a new excuse to explain this as they always do. It would encompass the words “lenient, liberal interpretation and not supported by the facts”.  Our attorney friend up north has repeatedly pointed out the disparity in a system such as VA’s( lacking impartiality) and the administrative law judge model employed at the Social Security system. Were they merged into a communal system, the vagaries and whims of the RO and BVA would all but evaporate. VA will fight this to the end with empty promises to reform themselves, but like a tired junkie, they will insist on one more fix before leaving for rehab.

I do so hope I live to see the mess cleaned up.

Posted in BvA HCV decisions, HCV Health, VA BACKLOG | Tagged , , , , , , , , , , , | 2 Comments

Tall Tales From Texas

Member Tom sends this to us and he isn’t even from Texas.

The testicles of a Texas midget hurt and ached almost all the time. The midget went to the doctor and told him about his problem. The doctor told him to drop his pants and he would have a look.

The midget dropped his pants. The doctor stood him up onto the examining table, and started to examine him. The doctor put one finger under his left testicle and told the midget to turn his head and cough, the usual method to check for a hernia.

“Hmm…”mumbled the doctor, and as he put his finger under the right testicle, he asked the midget to cough again.

“Aha!” said the doctor, and reached for his surgical scissors….

Snip-snip-snip-snip on the right side . . . then snip-snip-snip-snip on the left side.

The midget was so scared he was afraid to look, but noted with amazement that the snipping did not hurt. The doctor then told the midget to walk around the examining room to see if his testicles still hurt.

The midget was absolutely delighted as he walked around and discovered his testicles were no longer aching.

The doctor said, “How does that feel now?” The midget replied, “Perfect Doc, and I didn’t even feel it. What did you do?”

The doctor replied, “I cut two inches off the top of your cowboy boots…”

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MATING ELEPHANTS

Things you need to know about vA decisons and the process behind them that few Vets see or hear about. 

vA decisions are promulgated at a very high level.

vA decisions are only arrived at after a suitable period                        of bellowing and screaming among the participants.

Sadly, vA decisions, much like mating                                      elephants, take 21 months to produce results.

Posted in Complaints Department, General Messages, Humor, Uncategorized, Veterans Law | Tagged , , , , , | 1 Comment

Santa Claus is Coming To Town

At 1500 hrs yesterday what should my wondering eyes behold but the ILP Information Technology guru named Jim minus his 12 prancing reindeer. Saturday, ladies and gentlemen. Saturday. VA doesn’t work on Saturday. Of even more interest, VA does everything by mail, right? We were always led to believe this  but Kris the Head Honcho of  all things ILP in Seattle called, as in telephone, on Monday to tell me I had won the ILP lotto.

Now for all you who believe in the tooth fairy, the idea that VA calls you to celebrate the win-any win- is ludicrous. In addition, the idea that they’d send out Jimbo six days later on a Saturday to measure me for a new box of the computer persuasion is beggaring the imagination.

Nevertheless I was greeted with the dulcet tones of the doorbell and the concerted bark of four dogs at 1500 hrs PDT.  Jim had wonderful news. VA had instructed him in no uncertain terms to provide me with whatever he and I determined was the proper gear. As most may recall, I solicited advice from you last Wednesday or so. I want to thank all who gave me advice on what I need. Jim decided we were going to do this once and do it right. In fact, since this was his first opportunity to do this for a Veteran, he has decided to go overboard.

I was also concerned, and Jim confirmed it, that I was going to get kicked out the door with no static line as soon as I got the gear. Therefore he’s putting in the order for lots of extra ink cartridges and paper for the AIO scanner/fax/printer.

It was hard to say who was more excited. Jim, in his fifteen years of dealing with the VA on these things, has not had occasion to bust out the HP catalog because VA hasn’t approved any claims here in western Washington in that time. This becomes more and more strange at each passing moment. Regardless, I will soon have the ability to do all manner of strange and marvelous things. Through the miracle of St. Skype, I will be able to talk and see other members on my new c-box. I will have exciting new software  to help you with including the updated (2012) LexisNexis Veterans Benefits Manual. Through a vocal program called Dragonspeak, I’ll be able to transcribe my posts simply by speaking without typing. VA thinks I may lose the ability to use my hands and prefers to cover that contingency now rather than down the road. As to why I need 8 gigabytes of memory or a tetrabyte of solid state hard drive, I cannot imagine. Apparently Jim can. He started telling me about all the things I need-or even may need six years into the future.

Do any of you recall Christopher Lloyd of Dr. Emmett Brown fame in Back to the Future III? Remember when he turns to Marty and says “Roads? We don’t need roads anymore.” This is somewhat how Jim feels about this. I have been living in a cave staring up at the moon for the last four years figuratively speaking. My computer talents are akin to a 10 year old’s. VA is dragging me kicking and screaming into the real world. So worried are they that they have also instructed Jimbo to give me about 15 hours of tutorials in this new art form. Well, either that or he’s padding the bill. Maybe he likes the smell of new computers and is using this as an excuse.

Now, for any of you who still subscribe to Flat Earth Living Today, the idea of any of this happening in our lifetimes is ludicrous. Its as far-fetched as the mythical 125 day claim or a VA PTSD doctor’s appointment within 14 days of calling. I invite all of you to opine as to the meaning of this. Can it be that VA is so genuinely concerned for our plight that they feel AskNod.org is the Oracle at Delphi? I don’t think so. I might subscribe to the theory that they are doing this to appease me, but what of the consequences? By giving me these new tools and teaching me how to be an Adobe Acrobat, they are making their row harder to hoe. All this can do is provoke more knowledge leading to more Veterans service-connected for HCV-hardly the outcome they might pray for.

Granted, my shelf life sticker is slowly coming due. That’s what I surmise. Give the dolt a bunch of new toys and maybe he’ll die before he learns how to use them. They underestimate my will to live. It’s so strong that I’ve given up virtually all my favorite foods to extend my warranty. I wish to thank my readership and especially Joe Average Veteran. He was the one who apprised me of the existence of the Independent Living Program. Without him, none of this would be possible.

Life is about to get more interesting. I will keep you abreast of the developments. I can also see a window of opportunity here for others. How many of you feel the burning need to become regular contributors to asknod.org such that you, too, would require extensive computer equipment and suitable training in the arts? Do you see where this is heading? I see a new dawn with glorious possibilities here. An editorial board with twenty or thirty members seems normal considering it takes a VA village to complete a claim (incorrectly) in two years. How about a blog of your own on the intricacies of PTSD claims? Major Depressive Disorders with narcissistic tendencies, anyone? One look at  Part Four of 38 CFR reveals a veritable encyclopaedia of diseases and injuries requiring you to help your fellow Veterans through the maze.

For all of you who doubt VA is open-minded about what the ILP was designed for, I would ask you to read this post-

https://asknod.wordpress.com/2012/01/03/independent-living-program-not/

Posted in All about Veterans, DRO and BVA Hearings, General Messages, Independent Living Program | Tagged , , , , , , , , | 2 Comments

Name That VA Tool

 CAN YOU NAME THIS OLD TOOL?

Thought you would enjoy this                                                   educational moment in VA history.                                                       Can you name this strange old tool?                                                       Do you know what it is?

 

Tobacco Smoke Enemas (1750s – 1810s)

The tobacco enema was used to infuse tobacco smoke into a patient’s rectum for various medical purposes, primarily the resuscitation of drowning victims. A rectal tube inserted into the anus was connected to a fumigator and bellows that forced the smoke towards therectum. The warmth of the smoke was thought to promote respiration, but doubts about the credibility of tobacco enemas led to the popular phrase “blow smoke up one’s ass.”

This has been reintroduced in Washington D.C. , by the                                                 Veterans Administration. It will be part of their New Health Care Initiative due to the large number of Vets drowning in Bullshit.

Posted in All about Veterans, General Messages, Humor, PTSD, vA news | Tagged , , , , | 1 Comment

Cow, Ant & Old Vet

                     

A cow, an ant and an old Vet are debating on who is the greatest of the three of them. The cow said, “I give 20 quarts of milk every day and that’s why I am the greatest!” 

The ant said, “I work day and night, summer and winter, I can carry 52 times my own weight and that’s why I am the greatest!”

 

 

 

 

 

 

 

 

 

Why are you scrolling down?

It’s your turn to say something.

Posted in Food for the soul, General Messages, Humor, Uncategorized | Tagged , , , , | 1 Comment

Angel Flight

This is beautiful and well done. Thank you, Randy.

Angel Flight

Posted in Food for the soul, General Messages, Milestones, Uncategorized | Tagged , , , , | 1 Comment

Rainmaker Jokes

Member Cal sent me this pearl this morning. I love good humor that involves gambling or guns. Liquor used to be included but I find no humor in not being allowed to drink.

 The IRS decides to audit Grandpa, and summons him to the IRS office.

 The IRS auditor was not surprised when Grandpa showed up with his attorney.

 The auditor said, ‘Well, sir, you have an extravagant lifestyle and no full-time employment, Which you explain by saying that you win money gambling. I’m not sure the IRS finds that believable.’
I’m a great gambler, and I can prove it,’ says Grandpa. ‘How about a demonstration?’

 The auditor thinks for a moment and said, ‘Okay. Go ahead.’

Grandpa says, ‘I’ll bet you a thousand dollars that I can bite my own eye.’

The auditor thinks a moment and says, ‘It’s a bet.’

Grandpa removes his glass eye and bites it. The auditor’s jaw drops.

Grandpa says, ‘Now, I’ll bet you two thousand dollars that I can bite my other eye.’

Now the auditor can tell Grandpa isn’t blind, so he takes the bet.

Grandpa removes his dentures and bites his good eye.

The stunned auditor now realizes he has wagered and lost three grand, with Grandpa’s attorney as a witness. He starts to get nervous.

‘Want to go double or nothing?’ Grandpa asks ‘I’ll bet you six thousand dollars that I can stand on one side of your desk, and pee into that wastebasket on the other side, and never get a drop anywhere in between.’

The auditor, twice burned, is cautious now, but he looks carefully and decides there’s no way this old guy could possibly manage that stunt, so he agrees again.

Grandpa stands beside the desk and unzips his pants, but although he strains mightily, he can’t make the stream reach the wastebasket on the other side, so he pretty much urinates all over the auditor’s desk.

The auditor leaps with joy, realizing that he has just turned a major loss into a huge win.
But Grandpa’s own attorney moans and puts his head in his hands.

‘Are you okay?’ the auditor asks.

‘Not really,’ says the attorney. ‘This morning, when Grandpa told me he’d been summoned for an audit, he bet me twenty-five thousand dollars that he could come in here and pee all over your desk and that you’d be happy about it!’

Posted in General Messages, Humor, Uncategorized | Tagged , , , , | 3 Comments

Welcome Home Charles

Army Capt. Charles R. Barnes, 27, of Philadelphia. On March 16, 1969, Barnes and four other service members departed Qui Nhon Airfield in a U-21A Ute aircraft. As they approached Da Nang, they encountered low clouds and poor visibility. Communications with the aircraft were lost. Immediate search efforts found nothing of the aircraft or crew.

His remains were positively identified and he’s back on US soil.

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