Friday’s Last Thought

Waiting for remuneration from the vA

makes Veterans a pauper twice–once

while waiting interminably for service

connection and then a second time

when they discover the horrible

financial truth of what they are going to

be forced to live on for the rest of their

lives. Death on the battlefield or at one’s

own hand almost sounds like a better

fate to some. J1Vo

 

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

bVA–NHL= HCV

Whoa there, doggies. For all you guys from Michigan, back up the boat. NHL stands for Non-Hodgkin Lymphoma.  We don’t do sports or politics here.

Non-Hodgkin Lymphoma

Two things catch your eye about this. First,  the correlation between the two diseases seems to be a reach. More importantly, the Introduction is the eye catcher. Remember I have frequently commented on the fact that most claimants who appeal to the CAVC are never heard from again?  vA  would say that’s because they realized that their claim had no merit so they abandoned it. Read this closely. The Vet is asking for a redo all the way back to the RO. The VASEC has decided to quit burdening the RO with this and move on to the next denial. Here is proof-positive that my theory holds water. Not only is his claim being granted, the BvA is interposing itself and granting without the additional trip back down to LARO. The fix is in. This doesn’t happen if the CAVC orders it to be vacated and remanded . The rules say this has to go all the way back to the AOJ for a de novo decision. The BvA appears to be bogarting it. This has the heavy hand of someone with a lot of power. Either that, or someone just donated a shit ton of money to Obama’s Re-Election Campaign Fund.

The issues on appeal were previously denied by the Board in a November 2007 decision. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In a February 2010 Order, the Court vacated the November 2007 Board decision due to the Board’s failure to consider and discuss an October 2007 private medical report, and remanded the matter back to the Board.

The Board notes that in a June 2011 statement, the Veteran requested that this matter be remanded to the RO for review of newly submitted evidence prior to the Board’s consideration of the matter. However, as the claims on appeal are being granted, the Board finds there is no risk of prejudice to the Veteran from proceeding without first returning the matter to the RO. 

Moving on, we have an interesting decision here. vA and medical science have always been in contention on ionizing versus non-ionizing radiation as the progenitor of cancers. Here they have gone down the “direct” route rather than the ionizing route. The power of the nexus is on display here as well as the ignorance of the RO raters. I often joke about it taking 10 years to get any justice and here comes this piece of work. The Vet filed in Juneish 2002. It’s September 2011. The guys from the BvA are all high-fiving and fistbumping. This is proof that the system works the way it’s supposed to- delay and deny until we die. This Vet happened to hang on to life long enough to win. I’m betting he’s starting the long road to Fendersonville for a long overdue staged rating.

It’s exciting to see that Justice Happens. Perhaps vA will come out with a catchy bumper sticker that embodies that thought. They can tuck it in with the clean socks and the new toothbrush when they are visiting Homeless Vets at the Wall.

Meet the LA Miracle.

BvA Bogarts Claim

In spite of the joy I feel at this Vet’s success, the prospect of having to fight down in the weeds over the meaning of minor versus major weight loss has just begun. Whether he is suffering from near-constant debilitating symptoms or just symptoms of more than six weeks in duration but not debilitating all the time will become the focus of his next appeal. It could be worse. vA has yet to ask  a claimant to define what the meaning of “is” is.

 

Posted in BvA HCV decisions, CAvC HCV Ruling, Nexus Information, Veterans Law | Tagged , , , , , , , , | Leave a comment

BVA–Shabby clothing = Not Credible Witness

The RO, and subsequently the BVA will almost always act in tandem of their denial if you, the Vet, exhibit any type of squirrely behavior during the process of your claim. This is a drastic example of it. This Vet is filing through the (only) RO in South Carolina-Columbia. That’s the capital and why they chose that boring place escapes me. I lived in Sumter f or a while and Charleston is where it’s at for our age. 30 years ago it would have been Myrtle Beach. They ought to split the Difference and open a small RO there for the GW Vets. There’s nothing like a little ocean watching to brighten your spirits when filing.

Being from S.C., our Vet probably has a propensity to flower up a story a little to keep the reader interested. He’s no stranger to this game. He went up the ladder to the CAVC in 2004 and lost. This is a reopening of that same claim and Johnny Rebel has “unearthed” some new and material evidence. He’s also gotten a few (5) nexus letters,too. The problem is he hasn’t read up on what a proper nexus has to espouse.

First, the Veteran’s VA gastroenterologist Dr. EEK executed a pre-printed Physician’s Questionnaire in November 2000 in which he stated he had been treating the Veteran for approximately 1.5 years and had reviewed “those records made available to me.”By checking the boxes provided Dr. EEK stated the Veteran did not currently suffer from infectious hepatitis and that the Veteran did not have risk factors for hepatitis before service or after service. However, Dr. EEK checked boxes agreeing that the sharing of razors is a risk factor for hepatitis and hepatitis could be transmitted through use of a syringe that had not been properly sterilized. Dr. EEK checked a box endorsing an opinion that infectious hepatitis is at least as likely as not due to incidents during active duty.

Second, the Veteran’s private physician Dr. IS submitted a letter in February 2001 stating that the Veteran was exposed during service to Agent Orange, which is proved to be linked to many subsequent chronic and crippling medical disorders; due to this exposure and other active duty service-related activities the Veteran contracted chronic hepatitis C and developed liver failure. Dr. IS made essentially identical comments in a Response to Interrogatories dated in March 2001.

Third, the file contains an October 2001 VA outpatient treatment note by nurse BKV stating that after review of records, including gastrointestinal treatment notes, it was her opinion the Veteran was currently disabled due to hepatitis C with marked fatigue, which was possibly related to hepatitis C exposure in Vietnam. In conjunction with that statement the Veteran signed a disclaimer acknowledging that a VA health care practitioner’s opinions and statements are not official VA decisions regarding whether he would receive VA benefits or the amount of such benefits, but will be considered along with other evidence by the VA adjudicator.

Fourth, the file also contains a February 2002 VA outpatient note by Dr. EM stating that on review of the Veteran’s chart and current laboratory findings the Veteran had chronic hepatitis C that could have been contracted while on duty in Southeast Asia. Dr. EM stated as rationale that nothing in the chart would contradict the Veteran’s account of where he contracted the disease.

Fifth, the file contains an April 2009 one-paragraph note from VA primary care physician Dr. SER stating the Veteran had informed Dr. SER that he received a tattoo while in Vietnam and that he was “covered” in the blood of an injured shipmate; it is at least as likely as not the Veteran contracted hepatitis C while in Vietnam.

Remember Caluza v. Brown that I wrote about 3 or so months ago? This guy stole a page from Mario’s book and has it down almost to a T. T as in Trouble.

Caluza– Total Recall

I find a problem with the fact the the Psychiatrist decided to wreck this man’s life with one sentence. Literally, that’s all it took. The dreaded word malingering. The supposition for his guilt is predicated on being “disheveled” which is a synonym for one’s clothing or hair being  in disarray.

As a threshold matter regarding credibility, the file contains the record of a January 2008 VA psychiatric examination, performed by a psychiatrist who noted the Veteran had made very numerous claims for various disorders in order to obtain service connection. The Veteran presented looking disheveled and reporting a litany of symptoms, but was found on examination to have no diagnosed psychiatric disorder. The psychiatrist stated an opinion that the Veteran was likely malingering in an attempt to obtain financial gain or had done so in the past. The Board finds the psychiatrist’s opinion demonstrates desire for financial gain on the Veteran’s part that weighs against his credibility. (Of note, a September 2009 decision by the Board denied service connection for PTSD based on a finding the Veteran did not have a competent diagnosis of PTSD.)

As they say in Sumter, “That’s all she wrote.” Let’s set aside some of the negative evidence of drug abuse ( which no one has said Boo about) and just concentrate on what’s up. It’s obvious the Vet has some issues. There’s some evidence that, viewed in the wrong context, might be construed ( kn-strd) by the vA to be suspect. The Court has weighed in on the validity of using just one brain inspection to make decisions this sweeping and final. There’s jurisprudence forbidding the practice of seeking negative evidence against a claim. Strangely, in this rush to justice, the subjects aren’t mentioned.

This gentleman has a real, live attorney on this and that’s spooky. With paid representation comes the expectation of proficiency. Allowing the nexus stuff in the door without vetting it or asking the doctors/nurse to elucidate and elaborate was childish error. Failure to obtain the SMRs and give them to the doctors was fatal. Everywhere you look, you see the guiding hand of a man who did it wrong and is reassembling the puzzle based on what went wrong in 04. Without a time machine, you can’t redo the evidence in the past. Changing the story is okay if it still plays in Peoria.

One of the telling points in a long line of mistakes is this little gem.

In regard to the tattoo, the Veteran has variously asserted that he was tattooed in Vietnam and tattooed in the Philippines. While a person may be uncertain about when a tattoo was acquired, he is unlikely to be uncertain about where it was acquired; the statement is also contradicted by the separation physical in which no tattoo was noted. The Board accordingly finds the Veteran’s statements to be internally inconsistent and also inconsistent with objective medical evidence, and thus not credible.

Let’s put aside the idea that everyone gets a separation physical. I didn’t get one. This is the last meaningful thing a Vet does when he leaves. Many are or were glad to put paid to the job and move on. You weren’t going back there and they were never going to set eyes on you again. If you didn’t bitch, they got an early lunch. End of tattoo. What everyone including his lawyer overlooked is that we’re talking NAVY. Navy. Like gee, let’s all go ashore, get Extremely Trashed Or Hammered (ETOH’d) and get a tattoo. If you didn’t have a tattoo in the Navy, you were a Virgin. I’ve never met a Squid without one. The only other group so minded were Gyrines- Gomer Pyles.SFGs (Semper Fi Guys). So for Christopher Columbia to have foregone this rite of passage requires an immense leap of faith.  There is a school of thought that says SFG was, and is, a reference to the IQ of grunts but I’ve only heard it used around Marines.

The outcome of this was ordained before it ever arrived in D.C. I find the character assassination to be troubling. Generally, the VLJs are polite and simply say that you’re having a senior moment and just “disremember it all”. What the hey? The drug issues punched a hole in the bottom of this claim boat. Let the guy go home with his pride intact. The vacillation on where the tattoo originated is just a pure South Carolina retelling of the story ploy. If you allowed as it could have happened in both places, everyone would find that twice as entertaining and could assume you were really ETOHd that night! Guys do that. They actually brag about how toasted they were and that they don’t remember everything. Why would that become a make or break item in a decision?

This decision shows a marked shift towards indicting the Vet solely on his credibility and making it the prima facie reason for the denial. This should come as no surprise to us, but it shows that they are now willing to denigrate your reason for filing as being for financial gain.  Hello? Vets didn’t build this maze to get VA comp.  Congress did. This is what it is here for. When a Vet loses the ability to provide for himself and his family due to a service injury, he files the claim. Of course it’s going to entail some $.

Any Vet who becomes the victim of a witchhunt  is proof positive that justice is tainted. By our mere presence and willingness to serve, we have already scaled the wall of credibility. Now we are, in essence, being judged on whether we’re lazy, greedy ne’er do wells merely seeking money for beer and Pot. Even if , just for the sake of argument,  some of the Vets who file are not being straight shooters, the practice in the past has always been a polite one-free of recriminations or condemnation about motive and credibility.

From the State who got off the first shot in the War of Northern Aggression:

Captain Columbia

Posted in BvA HCV decisions, Frivolous Filings, Nexus Information, Veterans Law | Tagged , , , , , , , | 3 Comments

BvA– HCVets

I read many BvA decisions in search of anything we can use to win our claims for this insidious disease. As most know, it seems vA is one step ahead of us on figuring out new ways to deny. This decision doesn’t qualify by breaking new ground. In fact, sadly, it further illustrates one soldier’s run in with drugs and the horrible aftermath.

General Sherman here is attempting to burn down the Atlanta RO with the pretext that he was administered heroin against his will,was assaulted and suffered lacerations to the noggin, all his buddies had hepatitis in Germany, and that it might have been due to jetguns. All his theories are voiced over a four year period as the claim developed. This is a particularly bad idea for any number of reasons. By not listing all the reasons up front, it makes you look desperate and willing to bend the truth to get there.

Here, the Vet has more serious credibility problems. Blaming his buddy for the one indiscretion that resulted in the overdose has backfired. It seems the doctors recorded numerous “tracks” indicating regular IV injections.

 The STRs do reflect that in April 1978, the Veteran treated for a drug overdose after he was found beside a road. Medical records of April 1978 indicate that old and new track marks were present on the Veteran’s body and an assessment of a heroin overdose was made. It appears that the Veteran subsequently went through a rehabilitation program.

This is one reason why we advocate that Vets get their SMRs first before filing.  It might make you think twice about filing if you realize they wrote it all down. Then there is the follow on problem where your piehole becomes your worst enemy.

A VA mental health note of July 2009 indicates that the Veteran reported being drunk and high all of the time in service, indicating that he experienced with hashish during that time, used heroin in Germany until 1978, and also used LSD while serving in Germany. He failed to mention any sexual trauma or forced drug use in service.

The Veteran presented testimony at a travel Board hearing held in October 2009. He indicated that everybody that had hepatitis C that he had talked to had undergone a VA examination, and stated that he did not know where hepatitis had come from, but assumed that it might be because soldiers received shots using the same inoculation guns.

And then he discovered HCVets…

In March 2010, additional evidence was added to the record consisting of: (a) a VBA Fast Letter issued in June 2004 (FL 04-13, June 29, 2004); (b) a press release from HCVets dated February 28, 2005 entitled, Plan Backfires – VBA Fast Letter Boosts Claims relating to the risk of blood borne disease transmission through the use of air jet guns for immunization; and (c) a portion of a VA rating action issued in August 2003, granting a service connection claim for hepatitis C resulting from a jet inoculation received during service.

This gentleman had other problems too numerous to mention. One important one was that he was tested (by VA) in 2001 and was free of the virus. He tested positive in 2005. Filing a claim pro se is not advised for those who don’t enjoy doing their homework. Belatedly looking for evidence when the claim boat is headed for the rocks is not a recipe for a win. Dragging out new theories as each of the old ones is discounted creates the perception that you have an endless supply and are waiting to see which one will get traction.

The vLJ might have been born at night , but I doubt it was recently.

To the extent that the Veteran maintains that a single occurrence of IV drug use in service was the root of hepatitis, the STRs themselves indicated that an overdose of IV drugs (heroin) occurred in April 1978, at which time track marks indicative of previous IV drug use were also evident, refuting the Veteran’s reports of one-time drug use in service, either forced or willful. Moreover, numerous clinical records – based upon a history provided by the Veteran himself, document his long-standing IV and intranasal drug use in and since service, which is in fact shown to have been documented as recently as April 2011.

Service connection under the very best of circumstances is difficult. For HCV it is a long, uphill battle as most can attest.  Submitting FAST Letters and old Bva decisons which aren’t precedental for your claim is futile. HCVets is many things. It is a powerful storehouse for information on DIY claims. This site was started to continue and increase that body of knowledge.

The legal aspect of winning your claim is just as important as the medical aspect. Where they become inextricably intertwined is the nexus requirement. Absent that, your claim will fail absent powerful evidence that shows a medical MOS or a transfusion in service. Evidence of combat seems to be a powerful inducement to grant as well. What is evident is that the claim can be won on appeal absent the presence of drug abuse. There are exceptions to this but they are few and far between.

Do yourself and other disabled Veterans a favor by obtaining your records and analyzing your chances of success before clogging up the judicial system with a claim that is futile. 

http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp11/Files4/1134861.txt

Posted in BvA HCV decisions, Jetgun BvA Decisions, Nexus Information | Tagged , , , , , , , , , , | 3 Comments

Army IG Is On It (PTSD)

Boy, this didn’t take long. When Patty barks, everyone lines up and wags their tales down at the Five-sided Puzzle Palace. Sure enough Johnny Judge is on the warpath and looking in every hospital and clinic in search of baaaaad Shrinks. At least the Head Honchos are admitting there was some hanky panky.  Sen. Sneakers couldn’t even get that much out of them last week.

Army Secretary Johnboy McHugh told the 535 Anointed down at Constitution Ave. NE that his military Sherlocks are busy trying to determine whether this was a common practice or merely “isolated to that little fort up in Washington state.”

Sen. Sneakers had this to say (warning! run-on sentence ahead- watch for dangling verbs):

“Not only is it damaging for our soldiers,

but it really furthers the stigma for others

that are – whether they’re deciding to seek

help today”.

The senator didn’t clarify which day “today” referred to.

As most know, depending on what day it is, and who is speaking, we can ascertain that it appears there were a few misdiagnosed here at “the little fort next to I-5”. I’m hearing what appears to be an admission of 290 guys they’re actually admitting that had their diagnoses reversed for the worse out of 1690 soldiers. Yet we hear it’s 40% of the 1680 screened or 690 men and women who were “converted”. All these numbers. I swear its like asking a woman how much weight she lost on her diet. You’ll never get an actual number to write down. I notice that if it’s 2000 hrs on Friday night, the numbers are far worse thant they are on Wednesday morning at the Constitution Ave. Home for the Truth-challenged.

I wonder whose speech writer penned this winner:

“The Surgeon General (Lt. Gen. Patty Horoho) has asked the IG to go and examine all the similar facilities… To this point, we don’t see any evidence of this being systemic. But… we want to make sure that where this was inappropriate, it was an isolated case, and if it were not, to make sure we address it as holistically as we’re trying to address it at Madigan”.

Huh? Go and examine all the similar facilities? Holistically?

ho·lis·tic  adj.   hō-ˈlis-tik

1:  of or relating to holism

: relating to or concerned with wholes or with complete systems rather than with the analysis of, treatment of, or dissection into parts <holistic medicine attempts to treat both the mind and the body> <holistic ecology views humans and the environment as a single system>

— ho·lis·ti·cal·ly  adverb

That’s probably the first time Johnboy has used the word. I commend him for his concern for the troops. The best news the IG ever heard is that he gets to go on a fact-finding mission and travel all over the U.S.  Better yet, he won’t get dinged any leave time for it and it’s free room and board. If he can get his wife on a MATS flight Space A, he’ll really be in high cotton.

This will resonate with troops everywhere:

Army officials insist that soldiers sent to war are (or may be) checked up to five times:

1) before deployment

2)during combat

3) one time after their return

4) six months later

5) a year later

I’d love to hear from all you active military who see this just how many times you recall this happening. My guess is 5 trips to the brain zoo began 3 weeks ago.

Army officials also insist troops returning from O/S complete a Post-Deployment Health Assessment and a by God, face to face with a bent-brain specialist. Those who set off the mental detector are sent to the Group W bench and sit with the likes of the Arlo Guthrie and his ilk. Oddly, the disclaimer is in small letters at the end- ” There is no test diagnostically definitive for mental illness in general and PTSD in particular.”

Perhaps that explains all the errors in identifying all these guys trying to commit suicide. Tell me again? How much are we paying these shrink guys to read chicken entrails?

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

Teleprevir vs. Boceprevir

What to do? Two new drugs on the market (or virtually there) and much said of each.What hard facts do we know at this point and what is conjecture?

School of thought number one holds that Teleprevir (marketed as Incivik)  seems to be the more successful. This is based somewhat on the use of Pegasys versus Pegintron(pegylated Interferon). Both test regimens include Ribavirin (Rebitrol) as well. The protocol is three doses a day every eight hours. To say this is brutal on the body is probably the most understated part of the regimen. In order for the body to survive this assault, it’s necessary to keep eating, to include fats and other nutrients while faced with nausea, emesis and general malaise. Trying to keep food down seems to be a major project from talking with my neighbor who did this. Anemia is one of the primary problems as well.

Steve, who had (has?) Genotype 1A, had previously done the cure and SVR attainment evaporated six months later. He tells me he was counseled on the poorer showing of Teleprevir when used a second time after a failed course of the Pegintron/Ribavirin for 44 weeks back in 2009. Nevertheless, he’s SVR today and alive. I say alive in a guarded tone. He compared it to “being drug backwards through a knothole”. I was hospitalized in 09 when he did this and only found out around Christmas 2009.

The newer Vertex treatment was paid for in full by his employer’s medical which must be exorbitant. Steve said he had long discussions with his sig. other about going through this again. He’s not a Veteran so this has no bearing on the vA financing it. Documented results from the trials show a greatly improved (up from 50% to as high as 80%)  success rate for first time candidates and 66% for second or third time do overs.  He’s still SVR as we speak so he will be entered in the books as a member of those 66% unless or until he isn’t SVR again.

School of thought number two is  the Boceprivir(marketed as Victrelis) regimen. While it is showing decidedly poorer percentages, this may be in part due to the use of Peginton/Ribavirin rather than the newer Pegasys/Ribavirin protocol.  Here’s the difference:

Pegasys 

Pegintron

To my way of thinking, they are both rat poison. The stuff almost killed me because I’m autoimmune. Worse, the doctor knew it and proceeded apace.

Although there is a marked difference in the two drugs, as a layperson I cannot delineate the two. The mere fact that the rate of cure for genotype 1A and 1B has gone up dramatically is reason for hope. Before, the SVR response rate on the original cocktail of Pegintron/Ribavirin was 33-40%. It was a high as 80% for genotype 2A, 2B and the 3A ,3B subgroups. Apparently, the new protocol is not recommended for them. I’m unsure why but it is immaterial to this. Suffice it to say it’s a non-starter for a cure. As a side note, my vA ARNP, Eileen, was all atwitter about this and how I should seriously entertain it. She must not read my medrecs because I’m not a candidate (AIH and genotype 3A).

Steve tells me he could discern little difference between the two programs. He said he was equally sick on both. He lost weight, became anemic and extremely depressed. He resorted to smoking  left-handed Marlboros in an effort to keep his appetite  stimulated and the nausea down to a dull roar. Of course, that doesn’t explain why he feels the need to continue this medication plan afterwards. What do I know? As the vA is fond of reminding me, I have no medical training. I was the rocket scientist in Laos who reasoned that if the insect repellent they gave you worked well on the skin ( it didn’t in Monsoon) then it should be a no brainer if you brushed your teeth with it.

Of the two to three dozen who who have related their failed IFN horror stories, I see one common thread. In spite of predictions of “some discomfort and a flu-like feeling” after doses, most have had far worse. The absolute worst cases that failed have included the oft-repeated tale of cognitive dysfunction (brain fog), onset of DM2, and even rare cases of cancers. These are just a few of the many side effects.

Granted, these new regimens are modeled around three eight hour applications of the drug rather than a nuclear strike of once to three times a week in huge doses.  Medical science always starts out with an aggressive, 1,000 lb. bomb policy and ratchets back when the test subjects start falling like flies. In the early days, this stuff was so insidious that many had to bail out after a short period due to the inability to hack the course. Their medical complications far exceeded the day to day debilities associated with chronic HCV. I had to quit after one dose due to the autoimmune factor. Others would do well to observe this danger, too.

The new regimen is not for everyone. Talking it over with your doctor is not the only thing you should do. Read and Google the internet for as much as you can find. You are going to subject yourself to a mind and body-altering substance that may not be the panacea that you anticipate. Science is not static on this subject. We have recently seen new drugs and studies on the market such as these I describe here which may indeed prove successful. Condemning yourself to any one therapy may be risky beyond a safe parameter.

Check some of these out:

New drugs for Hep. C

Boceprevir in untreated HCV 

Boceprevir trial results 

There are many more on the net. Put aside the Big Pharma/Big Brother/ Big money To Be Made when you view these. We’re talking about your health. There is no such thing as spending too much to stay alive. I’m a poster child for that but not because of the Rat poison. I cringe to think what I cost the vA for a year at the Seattle VAMC and four operations. Those costs were born entirely by American taxpayers.  I apologize to you. It was the Doogie Howser brigade in Seattle.

With this knowledge in hand, perhaps some of you can educate yourselves and decide what is best for you rather than become swept up in this cattle drive rush to the Interferon trough. Now that I have graduated to Stage 4 and cirrhosis, my abiding hope is for a cure that is not more debilitating than the disease. I envision a drug that will envelope the virus and neutralize or encapsulate it. HCV is so remarkably successful at surviving for one reason. It mutates so frequently into a slightly different animal that your body cannot respond and destroy it quickly enough. Putting a ziploc baggie around every one is the ticket. When we figure out how to do it, we’ll be the masters of the universe. Cancer should be a piece of cake after this.

Please do not take this to be the begin all or end all of the discussion about this subject.   I know many come here looking for a thumbs up or down as to whether to embark on the therapy. I have no druthers on it. I can’t do it myself. I know others who have with no success. My neighbor conquered it (or so we hope) with the newer program but he is just one of a new test cohort. My gut feeling is that the jury is still out. In the interim, to stay alive is paramount.

Over the years, I have had occasion to observe new products in the building industry. I am not one for being the guinea pig on these things and usually sit them out until they are proven bulletproof. In more cases than not, I was proven right. Let’s hope a newer, less obnoxious way of killing this bug and making it extinct will come to pass. It will piss me off if it happens a week after I punch out, though.

Posted in General Messages, HCV Health, Medical News, Uncategorized | Tagged , , , , , , , | 2 Comments

A Picture For Veterans

This one will give you goose bumps – beautiful!

Picture taken at the National Cemetery in Minneapolis, MN on a June morning – as it appeared in the Minneapolis Star/Tribune.
Talk about a picture being worth a thousand words! It says everything .
This could become an official Memorial Day, 4th of July and/or Veterans Day remembrance photo;
Our symbol standing guard

I can’t quite begin to tell how much this moved me when I viewed it. I would like to thank eagle-eyed member Cal  for seeing this this AM and sending it in.

Posted in All about Veterans, General Messages, Milestones, Uncategorized | Tagged , , , | 2 Comments

Old Growth Spinach and the AMC

Old growth spinach. You know you have old growth spinach if you have to use climbing spikes, a belt and a small chainsaw to cut it. I planted this stuff in November and all it did was fester. Now its producing but I’ve never seen stalks like this.

Thought I was funnin’ you? Notice that horse apple in front of it? It’s what makes the stuff grow.

What this has to do with the AMC escapes me. Before I went out to chop down spinach,  I noticed one of you who comes here is always running the search engine for AMC or Appeals Management Center.

I’ll bet you all thought there were only 56 vA Regional Offices. Boy, would you lose on Jeopardy bigtime. Most Vets don’t realize that the BvA decided one day back in 2005 that they needed their very own, on site Regional Office power complete with Senior Raters and DROs. For you guys from St. Petersburg, Senior Raters is not a man. Its the plural of an older rater. Just wanted to clear that up.

Back to the AMC. This newly inaugurated body was designed to speed up the process when a minor glitch in a claim caused a remand.  The road to denial is paved with vA intentions. The concept was poorly conceived and the execution was a fiasco. Where a remand might have been an 8 month round trip outing, it now became an 18 month ordeal. Adding to the comedy is the fact that the new “RO” manages to lose and misplace things much like it’s siblings. It has now become synonymous with watching grass grow. The error rate there is just as egregious as the AOJ process, too. At least they didn’t lie and name it the Appeals Mediation Center. Some who work there think that is what they do. Not.

What happened? Think this process through. What, exactly, is broken? I submit it is the inflexible reading of the M-21. Computerizing it with extremely narrow perimeters is like a funnel with one exit. There is no dissection and  nuanced reading for details. Everything is a 0 or a 1 digitally. If the default setting is deny-or 0000- a 1 will never filter into the formula. It might be if it is manually entered. I think this happens 12% of the time. Exporting this mode d’emploi to the AMC is not a recipe for improvement. The basic concept is faulty regardless of where it occurs.

Let’s follow Imaginary Joe Vet’s claim to D.C.

Joe decides to follow his wife’s suggestion for a New Year’s resolution to do something about his HCV. He starts out in Whacko, Texas RO in January 2007. He goes belly up there in June 2008.  His gung ho VSO says “Go for the DRO review”. Joe, being a trusting guy, says “Roger that”. A year goes by and he motors on down to  701 Clay Ave.,Whacko 76799 and gets his DRO hearing. He brings in new stuff and is pumped. It’s Summertime in 2009 and he’s too cool for school. This is in the bag-until it isn’t.

Joester has struck out again and now its almost Christmas 09. He follows the “new” VSO advice and belatedly files the Form 9. VA goes into high gear and starts prepping the file for transport to D.C. Joe decides on another stab in the dark when his SO says “Go for the video teleconference, dude”.  This is finally the beginning of a sensible offense.

Joe does the V/C in front of the camera even though he wanted to meet the Judge face to face. It’s July of 2010 and Joe is getting sick. Sick of diddling around waiting for justice. Sick with nausea and RUQP. Sick with near constant debilitating symptoms. And sick of the guy who’s “helping” him with his claim.The lady at the R.O asks if he would like to sign a waiver allowing the BvA to adjudicate the claim without a bunch of remands. Joe thinks this is pretty smart and will get this ball rolling.  The VSO guy is shaking his head “NO!” but Joe wants this  game done. Off goes the claim about a year later all wrapped up with vA’s Form 8 on top certifying it to the BvA. Yep. A YEAR later, pilgrims unless its up for a 20.900(c) advancement on the docket.. Most people don’t know it sits there that long. The waiver form is on top too.

First thing after they open it is to discover that his SSD records aren’t there. The RO forgot to send out for them. They knew the BvA was going to want to see them, but they mailed it off incomplete. Here’s the catch now. The vLJ has to remand it back but it now goes through the AMC  to get them.  Joe gave them the waiver, remember?  They in turn remand it back to the RO. The RO plays Rover and fetches. They send it back to the AMC who fiddle around for a while, readjudicate it themselves and and finally send it back to the Judge for the BIG appeal. Add eighteen months to the July 2010 and it’s now January 2012. The claim is in the docket lineup and all’s ready for a decision. This can happen several times if the RO in Whacko is having a bad hair year.  Add 18 months to each occurrence.

You see what’s wrong with this picture? If your claim is somehow incomplete and you turn it loose to them with a waiver, you may be awaiting justice  for quite some time.

There is a time or place for a waiver. If your record is complete in every respect and you submit the last of your evidence at your Board hearing, there ostensibly will be no reason for a remand.  This allows them to proceed to make a hangman’s noose sooner if that is their intent. Conversely it may speed up your appeal dramatically. Without a waiver, the vLJ can elect to remand due to a procedural flaw or a failure to assist. This may entail a long R/T to Whacko for a redo adjudication by a DRO and another denial/delay. The delay at the RO is nothing compared to allowing the chowderheads at the AMC to tamper with it. That’s what makes no sense. How can it be faster to send it to Whacko  for a do over than to have an in-house procedure? Apparently you don’t file very frequently with vA. It’s ugly, bubba.

 One place a waiver is almost a prerequisite is a CUE motion. As CUE is based strictly on the record as it was in the year you lost, there will be no remands for IME’s, or developing new evidence.

Most Vets are unsure which path to follow. Many VSOs are caught up in the old school theory that Joe Vet’s chances of winning increase with the number of iterations before a DRO. Wrong. If you get the wave off and the Red Light on approach #1, chances are you’re gonna splash that bird before you ever get her down on the RO deck. Making ten passes doesn’t increase the odds when the Green Light has been disconnected.

I have a process I swear by after having done this a few times. When you get the denial from the initial claim, file a NOD and submit your argument as to why they are retarded.   If they deny again, it will  come in the form of a Statement of the Case (SOC). Since it takes them a year to get one of these puppies out to you, you have time to amass new evidence. As soon as you get the SOC, file the Form 9 and ask for a Board hearing face to face at your local Puzzle Palace.

Go to the Board hearing and submit new evidence if you have it. Do not grant a waiver unless you are sure you have all the bases covered and the SSI/SSD info on board.

The vLJ can cart all this back to D.C. and put it together in about a year from the time they get it if there isn’t a remand. Speed is of the essence in most cases. VSOs seem to overlook the fact that when you get sick, several things happen. One is that you can’t work and the other is that the bills don’t get paid. You don’t have time, as the VSO measures it, to wait for this ping pong remand game to conclude. You most certainly don’t have time for the AMC’s version of it. Without a waiver, the claim can come back to Whackoland as many times as is needed to give you a fair shake and yet another bite  of the apple. The problem is the DRO is not going to have a change of heart. I doubt they even read the things before they stamp out a new SSOC on it. It may be the same at the AMC but they take a lot longer.

The above illustration is a rapid one with one remand. Several can stretch this into a decade. vA likes to be cheerful and tell you that Justice delayed is not Justice denied. Its a pithy comment to make and unnecessary. There is no cheer in these things. Few Vets relish the idea of losing their health and ability to work. The remuneration (without interest) is minuscule and the intervening poverty often destroys his or her family.

  That is what the AMC is all about. The 57th RO  is unbending and measurably the slowest. Avoid it at all costs when possible. J1Vo. Scylla and Charybdis have nothing on these AMC guys.

Posted in BvA Decisions, General Messages, Tips and Tricks, vARO Decisions | Tagged , , , , , , , , , | Leave a comment

VN Vets A Dying Breed?

I found this on Tricia’s page too. It was written in 2009 and is food for thought.

http://tucsoncitizen.com/veteranveritas/2009/10/03/vietnam-veterans-fast-a-dying-breed/

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New Drugs to Inhibit HCV?

I just found this on my Facebook page from Founder Patricia. This is pure gold if it pans out. Hopefully it will be available to me before I reach bingo. Considering I just hit Stage 4 last Monday, it couldn’t come too soon.

http://www.sciencedaily.com/releases/2012/03/120319163805.htm

Posted in General Messages, HCV Health, Medical News | Tagged , , , , | 5 Comments