VET SUICIDES–1@2.57 MINUTES

Posted on April 27, 2012 by asknod

Gee. I’m sure glad the VA is on this like white on rice. When I read it, I almost blew coffee through my nose. After thinking back on the VA/US Military PTSD coverup in the last several months, this actually isn’t so hard to believe. 18 suicides per day must be measured in Mars days. They’re longer.

 Veterans For Change Newsletter dated 4/29/12

This past week was a bit tough for my family as we marked the sixth anniversary of my dad’s passing on April 24,2006 by visiting Riverside Memorial Cemetery this past Tuesday.

We all have loved ones we’ve lost to war or the effects of war, and we all make that journey to visit, and pay respect, to honor, remember and mourn our loss.

 Riverside National is the final resting place for more than 50,000 of our heroes and no different than most national cemeteries, Riverside has on average of 50-75 funerals per day.

Each time we go to visit dad we always see more and more new sections being completed and ready to take on more of our loved ones, this visit was no different.

 One section down and across the street was as section which was being worked on a few months before, and on Tuesday they were burying 23 more, all in a row in the newly completed section.

 I stopped for the longest time to watch, say a prayer, and wish them well on their final journey but as I stood there watching I was getting angry, upset, and disgusted watching cemetery staff as they played football with a small piece of equipment, then jostling caskets from the back of the transport van’s and funeral transport cars onto the lifts that lower the caskets into their final resting place.

 Riverside National Cemetery is a beautiful place, always growing, and maintained very well.  But what might just be a job to those who work there, they do need to stop and think how they would feel if their loved one were handled the way they were handling other families loved ones.

 I’ll be writing a letter to their director this weekend and will copy the IG’s office to see to it this doesn’t continue to happen, not just at Riverside but at any National Cemetery.

 Also, this past week I read an article on yet another Veteran we lost to suicide (Link below in Links to other Stories) which I feel could have been prevented, but because of the lack of compassion, concern, and caring on the part of a VA Staff member who was more interested in it being quitting time, pushed the Vet off to call back tomorrow.

 This Veteran like many others before him took his own life.  And what makes things worse about the suicide rate is a few months ago an article came out telling how we were losing 18 Veterans per day to suicide, but upon further investigation that number was so skewed it was pathetic.  It only was a small portion based only on eleven states not all fifty.

 Fact of the matter is we’re losing one Veteran to suicide ever 2.57 minutes and the reason we’re losing so many is because of this example as well as the long, slow, lengthy process of claims being reviewed and awarded in a timely fashion.

 The VA still says they are seeing Veterans within 14 days, but the fact of this matter is roughly 30-90 days and for routine appointments and sessions we’re looking at 3-4 months.

 And then we have the Army who without admitting they started this mess have told all Mental Health Staff to “stop looking for frauds!”

 Maybe if they had been focusing on finding the problems, dealing with them timely and professionally we’d not have all the problems we face today.

 But, finally they are adding services to cover families too for Veterans with PTSD.  At this writing I don’t have all the facts yet, and if it just includes the spouse or families too, but as we find out more this will be brought to you. 

The battle on Tricare, co-pays, increased fees is far from over and like many other organizations we’re still fighting.  And we still need your help, the help of family members and friends to Veterans alike.

Veterans-For-Change as well as USDR, DAV and many others are still asking for your support in making calls (one per representative in Congress) toll FREE to 866-272-6622.  We need you to call often, flood their phone lines and let them know we won’t accept nor tolerate increases. 

We’re all in this together and you can further help by visiting the USDR website and sending out all the pre-written E-Mails (see Legislative Action Alert below). 

In the battle field you’d never leave a man (or woman) behind and whether or not any of the pieces of legislation affect you directly or indirectly, won’t you please consider throwing your support for those who need them and help us to never leave anyone behind? 

If we don’t act this year and before election time, how much more will you lose in services, benefits, and care?  Can we risk it?

 On behalf of the Board of  Directors and volunteers we wish you and your families good health!

 Regards, Jim Davis

Founder & CEO

Veterans-For-Change

JDAVIS92840@SBCGLOBAL.NET

Posted in All about Veterans, General Messages, Gulf War Issues, PTSD, vA news | Tagged , , , , | Leave a comment

VHA–SORRY, NO MORE NEXUS LETTERS

Posted on April 27, 2012 by asknod

I knew this was hidden somewhere but it took a while. I had to go line by line in the VHA handbook. Squidly One had reported back to us that his PCP held up the crucifix and recited the incantation to fend off the devil Vet. What I find interesting here is that the VBA abrogates the responsibility for nexus letters when we well know that outcome. Imagine the attorney of the guy who rear ended you coming up and saying he’ll gladly represent you too-free. You see the analogy? Impartiality flies out the window and VA thinks the exact opposite because-hey- they’re your best friend and are there to serve you.

d. Medical Statements to Support VA Benefits Claims.

When honoring requests for medical statements by veterans for VA claims adjudication, care must be taken to avoid conflict of interest or ambiguity.

(1) Determination of causality and degrees of service connection for VA benefits is exclusively a function of the Veterans Benefits Administration (VBA). VHA providers often do not have access to military medical records, and may not be familiar with all the health issues specific to military service, such as environmental exposure. As a result, they may not feel comfortable in stating causality of a current condition. However, this does not preclude VHA providers from recording any observations on the current medical status of the veteran found in the medical record, including their current functional status. All pertinent medical records must be available for review by VBA. NOTE: VHA continues to provide compensation and pension (C&P) examinations and reports as requested by VBA, as part of any new disability claims or review process.
(2) Requests by a veteran for assistance in completing a VA disability claim are to be referred to VBA through official channels

In other words, report any attempt by Vets to obtain a nexus letter. If they want one, make them go out and get it on the civilian market. Otherwise, they can get it free from the VBA. Marie Antoinette said it best- “Let them eat cake”.

What was that phrase again? Non adversarial environment in which to present our claims? Hush, child. I’ll take care of all those nexus thingies.

Posted in All about Veterans, General Messages, Nexus Information, vA news, Veterans Law | Tagged , , , , , | 5 Comments

BVA–MOTIONS FOR RECONSIDERATION

Posted on April 27, 2012 by asknod

Motions for Reconsideration (MFRs) are few and far between. These occur when a Veteran petitions the BVA to reconsider his denial. Few are granted and fewer still succeed. Here is an example of same. Sgt. Whacko served from 1959 to 1962. While he could have been in Vietnam, there doesn’t seem to be a record of it. This is not dispositive of the fact as we all know. His time of service indicates he could be a victim of the NPRC fire in 1973. Many records from that era were destroyed or damaged beyond repair.

Our Vet has an even bigger problem.

After service, VA records show that in December 1992, 30 years after service with no interval history of psychiatric symptoms, the Veteran suffered a subarachnoid hemorrhage due to an aneurysm, after which the Veteran showed marked personality changes. In May 1994, after psychological testing, the diagnosis was adjustment disorder with mixed disturbance of emotions and conduct. In June 1994, after a psychiatric evaluation by a private physician, the diagnosis was dementia. On VA examination in December 1995, the diagnosis was PTSD not shown and no other diagnosis. Except for psychological testing for memory function by VA in 1997 [placed in the above average range], there is no history of psychiatric symptoms or treatment after 1995.

While I wouldn’t characterize this as a frivolous filing, I would say that his chances of being in a combat setting in RVN with such a low enlisted rank in 1962 to be slim and none. I have done many a study of historical documents from the Vietnam era and the fact is that we were in an advisory status with few assets on the ground then. Most of those were Special Forces advisors who were training  ARVN/Montagnard assets. Most were also officers rather than enlisted men. The Vet testified thus in 1995:

In May 1995, the Veteran testified that he first had nervous problems in 1962 when he was in Vietnam for three months as an advisor. He stated that before he went to Vietnam he was in an artillery battery in Germany and that he had volunteered with four or five others to serve as advisors in Vietnam. He indicated that his nervous condition was triggered when his patrol was ambushed and most of his patrol was killed.

One can see the dichotomy here. Artillery batteries are static positions- usually on hilltops with defensive perimeters easily defended. Boomers were not infantry (MOS 11b10). They stood by their guns for fire missions and did not roam the countryside in search of Charlie. The story, on its face simply doesn’t hold water. This assignment would have been a TDY if it were only three months. Rarely would a soldier be sent on TDY so close to the end of his enlistment, too. The fact remains that were this man in RVN and medivaced to Clark AFB in the Philippines, there would be some record of it.

Additionally, the reader can see VA’s recalcitrance over obtaining a PTSD C&P or doing anything to corroborate the Vet’s contentions. This should come as no surprise to other Vets. This particular claim has been festering now since 1993. You read that right. It’s the same claim he filed way back then. This is a perfect example of VA’s ping pong technique of delay and deny until we die.

A Motion for Reconsideration always involves an expanded panel of judges in odd increments. The BVA denied in 1997 which means he had a single judge VLJ panel. Therefore the Reconsideration panel would increase by two for an aggregate of three. The reason for an odd number is to prevent a tie vote . The history of MFRs is spotty. VA is not in the habit of granting these unless there is some glaring shortcoming in the legal process. Here, it may have been the absence of a true examination to ascertain exactly what was bent upstairs. Always remember, VA likes to have a good reason for a denial based on sound medical principles. It rarely happens, but the niceties are usually observed and it is made to appear above board. Here, it’s fairly obvious that the gentleman was not accorded all these components. The Board doesn’t have any punitive means to reprimand the miscreants at the RO so they can get away with doing this remand again and again.

Therefore the Board panel is remanding this to the Waco Church Burners’ RO for yet another go at a definitive C&P to figure out what’s gone south in his noggin. More effort will also be expended to determine if he was in country.  Chances are this will be denied some time in 2014 and be appealed yet again up to the Court. Can you imagine how much money in salaries and how many old growth trees were sacrificed on the altar of  VA knowledge? This case truly boggles the imagination but does allow a glimpse behind their curtain. The Vet’s C-file must fill a sea chest!

And we wonder why VA has a backlog… MFR

Posted in BvA Decisions, PTSD, VA BACKLOG, Vietnam Disease Issues | Tagged , , , , , , | 3 Comments

CANCER ≠ TICKET REFUND

Posted on April 27, 2012 by asknod

Spirit Airlines. I’ve never heard of them until now. Apparently they are not Veteran Friendly. Too bad because it will only hurt their bottom line to be so inflexible and uncaring. Every company has it’s policies that govern how it operates. When said policy serves no useful purpose other than to frustrate a disadvantaged or disabled person, it is no longer serving the public interest. Much like Target stores, this company has decided to marginalize Vets and anyone with terminal medical issues. By preferring to retain his money and declining to refund it, they have shown their true colors. Paraphrasing it sounds like: “If the chucklehead had been intelligent enough to buy travel insurance, he wouldn’t be in this boat. We feel no sympathy for him.”  Corporate empathy for Veterans has now reached a new nadir.

 

Posted in All about Veterans, General Messages, Inspirational Veterans, Uncategorized | Tagged , , , , | 1 Comment

BVA– AO At Fort McClellan RVN

Posted on April 26, 2012 by asknod

I always thought Fort McClellan was in Alablama. Seems they did some “non-tactical” deployment of AO, AW and AB (in small quantities) there in the late sixties. Does this surprise anyone? Just how soon do you think it will come to pass that the next one will be Fort Bragg or Camp Lejeune? This stuff has a heavy metal product in it that resists breaking down. It’s like a test protocol to see if HCV can be transmitted via a jetgun. If you don’t test for it then you can safely say no one has ever proved it can happen-e.g. no testing for the AO will yield no evidence of AO. Amazing, huh?  You don’t rally have to be Bill Nye the Science Guy to figure this one out.

Lucky for the Vet that VA was so confident of winning they didn’t see fit to write up a good nexus denying him. VLJ showed them the error of their ways by granting on the benefit of the doubt. Ah, how sweet the sound.

VA AO Decision Favorable to Ft McClellan Vet (Citation #1108696)

Posted in AO, BvA Decisions, Veterans Law, Vietnam Disease Issues | Tagged , , , , , , , , , , | Leave a comment

NEW MILITARY PTSD PROTOCOLS

Posted on April 26, 2012 by asknod

I guess Sen. Sneakers put the fear of God into those  military shrinks and their minders. I just received this from Deepthroat up in Michigan. He always has the best stuff. Oddly, the military, in spite of what they have always held, have now decided that malingerers only make up a very small portion of the claims. That’s mighty cordial of them to acknowledge this after thousands of Vets were besmirched as being fakers and money grubbing welfare -type cheats.

policy-12-035-ptsd

Posted in C&P exams, Gulf War Issues, Medical News, Nexus Information, PTSD, vA news | Tagged , , , , , , | 3 Comments

BVA- A≠B≠C=SPECULATION?

Posted on April 25, 2012 by asknod

Imagine arriving at the RO with all the goodies. Disease? Check. Disease in service? Check. Nexus? Got them (2). Good to go, right? Caluza Triangle-Hickson Elements- everything’s copacetic. Back the boat back up to the dock and refuel it, Gilligan. We’re taking the SS Minnow to D.C.  VA Speculator

The only other medical opinion on this question was that of the November 2007 VA examiner. She reviewed the claims file, noted        in-service hepatitis A and B diagnoses, and concluded that she could not “make a determination without mere speculation” as to the current hepatitis C was caused by service. She noted that there were no positive markers for non-A, non-B viral hepatitis infection, that the Veteran had separate infection of hepatitis A and hepatitis B, and that hepatitis A is a self limiting viral infection and does not lead to hepatitis B. The examiner concluded that, although the risk factors for hepatitis B and C are similar, hepatitis B does not convert into hepatitis C. 

You have to admit that is the worst case of logic ever conceived and pawned off on a judge.  It’s somewhat like a 3 card Monte game and the huckster is poor at handling the cards.VLJ Shwartz wasn’t buying it:

The November 2007 VA examiner’s statement that
hepatitis B does not convert to hepatitis C is beside the point, as there is no argument that such a “conversion” occurred, but, rather, that the hepatitis B diagnosis was in fact an erroneous diagnosis of what was actually hepatitis C. Moreover, in Jones v. Shinseki, 23 Vet. App. 382 (2009), the Court held that, before the Board can rely on an examiner’s conclusion that an etiology opinion would be speculative, the examiner must explain the basis for such an opinion or the basis must otherwise be apparent in the Board’s review of the evidence. Id. at 390. It must also be clear that the physician has considered “all procurable and assembled data.” Id (citing Daves v. Nicholson, 21 Vet. App. 46 (2006)). Finally, the physician must clearly identify precisely what facts cannot be determined. Id. the November 2007 VA examiner’s conclusion does not appear to meet these criteria, as she did not indicate that she had considered the evidence  regarding jet gun injections or the possibility that the hepatitis B diagnosis was an erroneous diagnosis of what was actually hepatitis C. In regard to the comment that there were no markers, we are unable to determine whether there were markers that were negative for non-A non-B or that there was an absence of testing for markers.

I am not a conspiracy freak. I never have been nor will I ever become one. There is a rational explanation for everything in the world except the voices I hear in my head occasionally. Excluding them, I see a pattern of collusion where “VA examiners” tend to deny based on very faulty logic. This is just one of a long line of them. The doctor presenting this sequence of rationale cannot even hold a coherent thought process together for one complete paragraph. Where, exactly, would HBV ever morph into HCV and just who put forth the proposition that it had?

This is just about the most humorous nexus opinion ever put forth by the VA. It should be immortalized in one of those General Hospital soaps.

Posted in BvA HCV decisions, C&P exams, Nexus Information | Tagged , , , , , , , , , , , , | 1 Comment

HIV/HEPATITIS QUERI STRATEGIC PLAN (2010)

Posted on April 25, 2012 by asknod

Here’s something that will entertain you. VA longs to identify us HIV/HCV Vets and give us all the care we need to overcome or learn to live with this dragon. Holy shit, Batman. Wasn’t it just a short time ago I was hearing of Vets who came here telling me they finally got their VISTA records preparatory to filing a claim for their backs and discovered the dreaded news of HCV infection-in 2003? Yes. You read that correctly. I can’t count the number of you who have asked if it’s legal to surreptitiously test for it and then withhold the results for years. I investigated this last year and the law in my county (and state) requires any doctor who discovers you are HIV/HCV positive to notify the county health department pronto. I guess the VA didn’t get that fax.

This will have to either put you to sleep or get you so angry that sleep is out of the question. I call it propaganda – published for the entertainment of Senators and Congressmen/women who control the VA’s purse strings. It’s pure fiction but since when did that prevent them from blowing smoke? Ladies and gentlemen (and you are), I give you Queri- another alphabet agency/program guaranteed to solve global warming and help Vets be all they can be.

Posted in General Messages, HCV Health, Medical News, vA news | Tagged , , , , , , , | 10 Comments

VA CALLED TODAY

Posted on April 25, 2012 by asknod

My Vocational Rehabilitation Counselor called me this afternoon and informed me that my DRO decision was positive and I am to be awarded a computer with all peripherals including Dragonspeak. It will be a dockable model to permit portability when I visit with non-ambulatory patients at the VAMC in American Lake.

I will be meeting with a gentleman who will measure me for the computer and all my needs on software. If there are any of you out there who are knowledgeable on this subject, I welcome your input. Apparently the VA is not bound by cost on this and they want to make sure I have voice-activated protocols in the event my health declines and I am unable to type normally on a keyboard. Gosh, since when did VA become so amenable to disabled Vets? I apologize for being so jaded, but my experiences are such that getting a bandaid out of them was like pulling teeth out of a live alligator.

This has been a long time in the making as some of you may be aware. I was apprised of the existence of this program ( VR&E’s Independent Living Program) by member Joe Vet back in January of 2011. I applied in March and was denied in May. I appealed their decision and was further denied in August. At that time, I decided to do what I do best- fight them with their own regulations. I filed my Notice of Disagreement and quoted every regulation and it’s meaning back to them to support my request. I called up several times just to let them know I wasn’t dead yet, too. When I called in February, Klyde informed me that it was just sitting growing dust on his supervisor’s desk. I suspect they couldn’t find one good reason not to grant it. My guess is they took one look at my 4 volume C-File and threw in the towel. Or… my request was clearly supported by my circumstances.

I will keep you posted on the outcome and what is delivered. Most importantly, this shows you can persevere and come out with more than a cordless phone or ADA approved grab bars for the shower. That’s what I was told last summer. VA has gradually tried to strangle this entitlement and push it out of sight. I hope to resurrect it again and help other Vets obtain as much if not more. This marks a notable turn around in their thinking. That or they hope I’ll just go away. Next? The new greenhouse.

My parting comment to Klyde was “We’re all in this together Klyde. Vets helping vets is what it’s all about. Kinda like pay it forward for the next Vets, huh?” He started to choke on that one, I’m sure.

Posted in DRO and BVA Hearings, General Messages, Independent Living Program, VR&E | Tagged , , , , , | 7 Comments

HOPE AND CHANGE AT THE VA

Posted on April 25, 2012 by asknod

I found this buried under a lot of different roadblocks. It’s apparent that the VA would love to attain somewhat more anonymity than they currently are experiencing. Great Leader Eric’s demeanor in the accompanying photogragh is not very flattering nor is the message.

I expect the high point of the release is the interactive map at the bottom. It’s almost as useful as my CFC-360® claim finder and user-friendly to boot. I find it incongruous that this can go on now for three years and we are no closer to resolution of our backlog. I can believe Seattle’s RO is the slug in the pack. It rains a lot here and that causes cabin fever and depression. VA ratings personnel are in this together with us. I’m sure they share our angst. I have no explanation for what’s up in Oakland.

As usual, there is no repair order on the horizon for the two worst, compromised, broken ROs in the country, but they’re working on it diligently from what I hear. At three years, they can confidently call it a “work in progress”. We, on the other hand, were hoping for something a little more shovel-ready.

A twenty five percent error rate at the OAKRO? Gosh, when I was up country, that meant you had a 75% chance of getting it right, whether it was dropping ordnance or surviving the mission. VA should take a page from successful corporations and revamp their PR to accentuate the positive. Never let the media, as here, control the discussion. It may be that the First Amendment has outlived its usefulness.

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Posted in All about Veterans, Complaints Department, General Messages, VA BACKLOG | Tagged , , , , | 1 Comment