VA WEIGHS IN ON GUN OWNERSHIP

As if VA didn’t have enough on their plate trying to adjudicate claims in an timely manner, they now have embarked into the field of gun safety and what it constitutes. As some know, I am a benefactor member of the NRA and hold the organization in high esteem. I am my own fellow and owe my vote to no one. This article caught me off guard. While they are vociferous about bringing weapons onto VAMCs and VAROs, I had no idea they are trying to reach into the home. Read this for an example of how the government will do anything to influence us.

http://www.nraila.org/news-issues/articles/2012/veterans-administration-overdoses-on-anti-gun-prescription.aspx

Spooky stuff, huh?

Posted in All about Veterans, General Messages, PTSD, vA news | Tagged , , , , | 3 Comments

Good News On VERTEX Studies

I just received this from member Randy N. Thank you for finding this and contributing. I’m glad they have finally found something that kicks ass on the 1a and 1b flavors.

http://www.zacks.com/stock/news/70549/Positive+Data+on+VRTX

Posted in General Messages, HCV Health, Medical News, Uncategorized | Tagged , , , , | 1 Comment

JOINT MOTIONS FOR REMAND–WHAT ARE THEY?

On the offbeat chance you have to fight your way up to the CAVC for justice, you will probably be offered the JMR by the VASEC’s henchmen. Judging by their track record, this appears to be the most likely scenario.

Let’s say you patiently argued with good Internet information, pertinent articles and a strong, well-reasoned nexus but still lost at the BVA. Hey, it happens and all it takes is one bozo judge who is myopic. You’ve filed your NOA and paid the $50.00. You’ve waited your turn patiently and they finally call your number. You’ve filed your informal brief stating your contentions on how they ignored your evidence and the medrecs. You’ve laid it all out in black and white with yellow high lighter. A blind man could follow this trail of evidence and see your entitlement. In short, you make your case.

The General Counsel team of crackerjack law dogs rolls out their contention that it’s plausible about the guns and besides, you have no proof in the SMRs showing they used jetguns. Suddenly, right when its time to shit or get off the pot, the GC crew throw up their hands and say “Hold the phone, your Honor(s).  Mr. Nod is correct. We forgot to consider that he’s capable of testifying that they used jetguns because that doesn’t require any medical knowledge.  We’d like a Joint Motion for Remand to delay this for about a year or two and rule on it all over again. Our Bad. How about you, Mr. Nod? That okay for the ol’ JMR and another five years on the claim train?”

If you have a law dog and your case is air tight, he may ask for reversal. I would. Screw this JMR crap. It happens every time they have an arcane interpretation of old law. Hell, it can be said it happens every time period.They struggle to twist it around into an unrecognizable image of it’s former self. When the Court removes the lipstick, the pig emerges. Once unmasked, the General Counsel go into JMR mode as if you’ll be overjoyed at the prospect of old age and yet another crack at “meaningful” justice. They have purposefully played you for a year just to ask  you and the Court for a do over at the Vermont Ave. House of Mirrors. This is no accident and you should incorporate it into your informal appeal because the odds of it occurring are huge. I’d be tempted to insert some paragraph that says ” Since it’s anticipated that the VASEC, through his GC, will be asking for  JMR, we politely decline their invitation and ask the Judge(s) to rule on our case here and now. Endless litigation is not in our interests even if the GC finds it entertaining. I’m getting older and need closure, not more obfuscation.”

Making the JMR a sine qua non in every adjudication seems to be a normal function on appeal and it shouldn’t. Remands should be due to a judicial error in a prior adjudication that is caught and rectified. Taking a stubborn, indefensible stance in opposition to everyVeteran’s claim all the way to the Court and then readily admitting fault should be dealt with severely. Wasting judicial resources should be grounds for punishment. When it becomes so blatant and frequent as it is now, reversal may be the way to “open a dialogue” with the General Counsel. After a year or two of that, they might decide to revamp and reorder their litigation posture.

JMRs seem to be the default setting about five minutes into the GC’s rebuttal at oral argument.  The problem goes back to the inception of the VJRA of 88. The idea of ex parte justice is an informal setting in which the Veteran feels comfortable and isn’t “put on trial”. In a more perfect VA world, a true ex parte  process would entail all parties coming to the table and having an orderly discussion on the merits, evidence, testimony and a legal briefing. All parties could reconvene with anything lacking in a fortnight to rebut prior contentions. A modus vivendi might be arrived at without so much as a  beer summit. At any rate, the operable action would be the interaction and openness of the process and the elimination of misconceptions or errors of judgement. Appeals would almost become unnecessary. With everything resolved to everyone’s satisfaction in a meaningful “impromtu trial”, little would be left to argue but the effective date and trading phone numbers with the cute 38 year old DRO who was winking at you.

Since we do not live in this faerytale world of make believe, we are condemned to the true VA ex parte world. That is the one where you patiently assemble everything  and label it all very carefully as Exhibit A,B,C etc. VA thereupon unstaples everything and mixes it up with God only knows who else’s C file. Any semblance of continuity evaporates and your claim is effectively compromised. You can scream at the top of your lungs, send it all in reassembled, and cry foul. You will get no response. It’s like yodeling and hearing yourself echo off the canyons. Ex parte is a one way street until you receive the decision. You won’t even know these guys received anything until you hear about it three years later. No discussion, no interaction, no notification of something minor amiss. In a word, no communication. Sometimes a remand from the AMC goes out and you are clueless. Your claim can lie fallow for years and you would not be the wiser.

Come oral argument day up at Indiana Ave., all of a sudden they determine what they should have done in 2008;  they’re absolutely apoplectic at their error and all they want to do is make it right with the ol’ MFR. The problem never seems to resolve. Each case that comes up is dealt with identically. The interaction that would avoid this is nonexistent.  Most Veterans will tell you that if they lost on appeal, the same exact argument used to deny at the RO was re-employed at the BVA with few variations. A total disconnect exists unless and until they are standing in front of the CAVC. Suddenly the EPIPHANY shines through the room and the GC “gets it”.

A MFR is not always the panacea you hold it out to be. This can be a Come to Jesus moment for the VA and you may get all you claim. Other times it’s rank subterfuge to reconstruct a better denial that passes judicial muster. Often it boils down to the phraseology of the decision. Obviously, a viable decision vacated and remanded for 3rd grade legal errors is a poor candidate for a necktie party. The JMR is useful where the Vet’s claim looks like it has encountered a spike strip to each wheel.  Most are the product of a smoke ring-blowing exercise gone awry.

A JMR is couched as a mutual decision between appellant (you) and appellee (VASEC). The Court is not always amenable to this unless you truly are a willing participant. Ofttimes, the Court will ignore this request and remand for totally different reasons which are always Veteran friendly ones. On the rare occasion, they will reveal their displeasure with the VASEC’s arrogance and go further. VA can see which way the wind is blowing and rarely comes back with an unhappy Veteran at the podium. If you’re running a 60% error rate, it’s bad form to keep coming back with yet more mistakes on the do over. Best to take it on the chin and start anew with another Vet and another request for JMR.

Posted in All about Veterans, Important CAVC/COVA Ruling, Tips and Tricks, Veterans Law | Tagged , , , , , , | 1 Comment

World War II & ½

Back in 1949, the Tacoma VFW petitioned the U.S Army to gift or loan them a  cannon   for the yard ornament in downtown Tacoma. In 2012 parlance, this is called bric-a-brac or yard furniture.  The Army obliged with a Model of 1931, 1o5MM mobile Howitzer. A veteran of the Big One, it stood guard with pride until the VFW ran into some tax problems early in the 90’s. They gave up the property to pay taxes and a new owner took over the premises (and the gun) in 1998. The VFW came  and said they’d like their gun back, pretty please. The new outfit said no dice. We bought it with the property. The VFW was polite to a fault and finally, after a score of years,  showed up one Saturday morning late in February, appropriated the gun and moved it down to Parkland, Washington on the side of their building there. The owners of the Tacoma property promptly filed theft charges and pointed to the culprits who weren’t making any attempt at hiding it.

A judge has now interjected herself into the fray and ordered the VFW to produce ownership, stewardship or trusteeship to said Howitzer and paperwork stipulating as much in 10 days or less. In the event of failure to produce this, the gun will be returned to the Tacoma owners who live in California and enjoy all the press they’re receiving over this. The VFW has intimated that the gun will not be heading north-ever. It will be interesting to see if they can get ammo for it. I’ll keep you posted.

Posted in All about Veterans, vA news | Tagged , , , , , , | Leave a comment

2013 Energy-Efficient Street-Legals

In keeping with our commitment to Vets who hit the Lotto with the VA like Leroy Macklem, we always like to bring you the latest in muscular continental offerings. Yes, if you’ve suddenly got 500K burning a hole in your pocket, you might find an economy version here that fills the bill.Italy, Germany and America still control the market as you can see…

and last but not least,

every man’s dream car

Posted in All about Veterans, General Messages, Humor, Uncategorized | Tagged , , | Leave a comment

Quote For The Day-March 9th

Getting in an argument with

a woman is like being arrested

—–

Anything you say can and

will be used against you

Posted in General Messages, Humor | Tagged , , | Leave a comment

Fine-Tuning the PTSD

Once again the Army is “revamping” their personnel so as to make the most possible of experience. In the continuing fallout from the PTSD imbroglio down the pike at Ft. Lewis, I spotted this little blurb hidden on page A4 below the fold.

The Army has a new top medical officer at JBLM. Maj. Gen. Richard Thomas took command Wednesday of the Western Medical Regional Command from Maj. Gen. Philip Volpe, who had led the unit since February 2010. (Tacoma New Tribune)

While this isn’t odd, it is rare to summarily change command without a lot of announcements, hoopla and fanfare.  Volpe’s  transfer to Fort Sam Houston as Commander of the Army Medical Department Center and School is not viewed as a promotion upwards but more a lateral one sideways. This may be in response to the uproar associated with his supervision of the Madigan psychiatric mishap. When things happen on your watch, you get blamed for it in the military. If it happens when you are President, it’s the fault of the prior inhabitant. That’s an important distinction many miss. In the military, when you shitcan a large number of troops for “personality disorders” because they’re depressed and suicidal, you cannot just say “Apparently that’s the way they’ve been doing it for years, so I just followed suit”. The proper way to approach this as a General is to convene a press conference and announce that heads are going to roll because you just found out the shrink dudes are guilty of underdiagnosing deserving enlisted mental midgets. Always seize the high ground early and blame others first. Your career will blossom and you will live long and prosper. Volpe apparently forgot this cardinal precept to his own detriment. Live and learn.

Posted in All about Veterans, PTSD, Uncategorized, vA news | Tagged , , , , , , , | Leave a comment

There Is A God

I won’t get down in the weeds with  this but there must be a God. Everyone worships to the beat of a different drummer. Hunting and gardening to me are very much alike. They just entail shopping in a different venue. With both, you often interact with yourself or your pets as few others have the patience to watch. This gives me ample time for introspection on life and more mundane mental pursuits like why the horse prefers to poop in one particular part of his pasture. His sidekick Wally the Goat feels no such compulsion. This is why I spend a lot of time swamping out the barn.

Suffice it to say that every year about this time I revert into Gardener Man. Recall the 1979 movie “Being There” with Shirley MacLaine and Peter Sellers as the profound  Chance Gardener? I’m not quite that spacey but my love for this art form is bottomless. There is nothing more precious in life as new life. Watching it tenaciously grasp for sun and water in its quest for fruition is nothing short of amazing. It’s an esoteric pastime I have come to enjoy after the VAMC attempted to snuff me. There’s nothing more enervating in life that the prospect of being deprived of it. I’m sure our forefathers felt this motivation when faced with the dictates of King George III.

I planted some of the early birds that require patience last Friday and Saturday and they started making an appearance yesterday. The bib lettuce was first and the tomatoes will soon pop up. This is also a great way to take your mind off the VA problem of eternal waiting.  It’s a sad testimonial that it takes four years worth of  lettuce to get a BVA do over. Maybe I should start a Christmas tree farm?

I wrote about the Italian watermelon fiasco last year. It turned out they were weird looking Italian cucumbers. Being as English is the Language, you’d think those Italian chowderheads would put it on the seed pack. Last Thanksgiving, I planted enough spinach to sink the Titantic . It came up in a very desultory manner and then quit growing entirely. I fertilized and watered it to no avail. I gave up in disgust around New Year’s Day figuring it was too cold and ignored it. My wife ventured out Sunday for her annual pre-spring “How come you didn’t do the…” discussion I always dread. She then opened the cold frame and asked when I was going to start harvesting spinach seeing’s as it was over a foot tall. Sure enough, the stuff had gone berserk without any love or water. Apparently the horse manure kicked in or it warmed up. Naturally I said I was saving it for a surprise but she had now spoiled it.

I’m beginning to feel like Popeye after a long spinach bender. I’m giving it away to total strangers at the gas station now. It takes half an hour to refuel because they slowed the pumps down. People were complaining that the  the  dollar and cent numbers were spinning around so fast that it made them dizzy.  Now we have time to converse, drink coffee and I can hand out spinach. Some must think I’m crazy because they quit pumping,  jump in their cars and leave when I walk over with a bag of fresh leaves. Weird, huh? They did that last summer when I was handing out zucchini too.

The thing I love about this is I’m feeding myself “off the grid”. I don’t find it incongruous that I’m spending more on electricity to keep the romaine ranch in the greenhouse warm. There’s a homeless family of mice who moved in that also benefit from the warmth. They don’t put a dent in the output and drive Ambush kitty batshit.

If the VA ever settles up, I’m going for greenhouse number 2. You can never be too thin, too rich or have enough indoor gardening space.

Posted in General Messages, Humor, Uncategorized | Tagged , , , | 1 Comment

285 to Get PTSD Do Over

In an attempt to get a handle on the Madigan Psyche clinic’s faceplant, the Army announced today that they are “inviting” 285 former troops who were denied PTSD status back for a review of the diagnosis. These soldiers and former ones were culled from a herd of 1,500. The Army strangely made no attempt to elaborate on why these specific Vets were chosen from the group. These are being done here at the Madigan shrinkhaus and should not be confused with any national movement to investigate claims from other areas or Walter Reed.

Col. Rebecca  “Becky” Porter had this to say. “It is important that we make contact with each soldier who we have identified as possibly requiring a second look.” This doesn’t bode well. What Becky didn’t answer is whether this will simply be a do over in name only or if it will actually entail having every one of them come in for a face-to face meet and greet. In the past, the Madigan shrinksters have resorted to a “files review” in which there was frequently no personalized contact between patients and medical personnel. We understand that some Vets may be a little torqued off by their treatment and that the psychiatrists and psychologists are leery of physical violence against their persons. I’m sure there will be amply security screening on hand when and if this review takes place.

Below is an article on the subject:

http://blog.thenewstribune.com/military/2012/03/07/nearly-300-soldiers-getting-new-ptsd-case-reviews-at-madigan/

Interestingly, the Army released this as “nearly 300”. I see it as  “19% of the approximately 1,500 soldiers denied a compensable rating” by the Army Shrinkmeisters. Viewpoint is all about where you are standing while viewing this magnanimity of the Army. It also stands to reason that there were more than 285 of 1500 denied. Army math seems to resemble VA math. More News and Film as we unravel this.

PTSD Coloring Books

Posted in All about Veterans, C&P exams, Gulf War Issues, Nexus Information, PTSD, vA news | Tagged , , , , , , , , | 4 Comments

68% Of Americans With HCV Are VETS?–HUH?

Member Loyal points out some interesting percentages in my last post :

I dispute the logic here:

“Dr. Stevens estimated the current in-service occurrence of hepatitis C at approximately 10%”;

Since this Veteran has a current diagnosis of Hep C, he falls within that 10% group, and is NOT part of the group of 90% of Veteran’s who DID NOT get hep C.

The 10% number does not mean that it is “less likely than not” he got Hep C from service. He is already in the 10% who DID GET hep C, and this eliminates the Veterans, statistically, who do not have hep C.
. About 36,000 people per year get hep C, according to this article:
http://www.idph.state.il.us/public/hb/hbhepc.htm
This suggests that most of them come from military, because 10% of 28 million Vets would be 2.8 million Vets infected with hep C.

Now, consider the CDC site’s statistics:

http://www.cdc.gov/hepatitis/HCV/PDFs/HepCGeneralFactSheet.pdf

This site says a total of 3.2 million people actually have it actively with 17,000 new cases annually. Additionally, 15%–25% of people “clear” the virus without treatment. Might not some of these be Vets who had it during inoculations but did not go on to develop it? If 10% of the Vet population is infected “currently”, does that not imply an active military cohort being actively infected today in 2012? If so, how, in the absence of the pneumatic injection devices since 1997? If unsanitary protocols were the culprit in a reduced cohort (in the sixties), how can there be increasing numbers all the way through to the 21st century? Logic is a non sequitur here.

If 10% of the 28 million-strong Vet population is indeed infected, that would constitute 2.8 millions of Vets out of a total, chronically infected population of 3.2 million. Even using a reduced figure of 2.3 million of the current 3.2 million yields the astronomical figure of 67% of all citizens currently infected with HCV are Vets.

Something is amiss. Could it be Doctor Dennis Stevens, noted head of the VA’s Infectious Diseases Section at the BFE VAMC in Idaho is incorrect? Does anyone think the CDC might find his logic faulty?

I have heard many numbers bandied about. One was that three (3) percent of the Veteran population is currently knowingly  infected. Since large numbers of tested Vets have never been properly notified of their infections, this quoted number is probably low.

Another number universally cited is that Veterans who served in the SEA theatre are 60% more likely to have HCV compared to Vets who did not serve in- theatre (EFTO).

Numbers are very malleable where the VA is concerned. Since the presumption of regularity attaches to their medical experts’ competence, who can argue with this unless… the facts are so out of touch with reality? I would cite this number in my decision if fighting VA. You would not be using the decision per se, but the findings of the VA’s very own expert (Dr. Stevens) now of record.  Sweet. If he’s correct, a clear majority of us must have been infected via jetguns  to reach that percentage. The only commonality among us  is the jetguns.

Think this through:

Further, this Court has held that the Board may assume a VA medical examiner is competent. Cox v. Nicholson, 20 Vet.App. 563, 569 (2007); Hilkert v. West, 12 Vet.App. 145, 151 (1999) (en banc) ( “[T]he Board implicitly accepted [the VA examiner’s] competency by accepting and relying upon the conclusions in her opinion.”), aff’d, 232 F.3d 908 (Fed. Cir. 2000) (table). The presumption of regularity supports this assumption, in that the presumption “‘. . . provides that, in the absence of clear evidence to the contrary, the court will presume that public officers have properly discharged their official duties.’” Rizzo v. Shinseki, 580 F.3d 1288, 1292 (Fed. Cir. 2009) (quoting Miley v. Principi, 366 F.3d 1343, 1347 (Fed. Cir. 2004)). “The presumption of regularity is not absolute; it may be rebutted by the submission of ‘clear evidence to the contrary’.” Ashley v. Derwinski, 2 Vet.App. 307, 309 (1992); see Hilkert, 12 Vet.App. at 151 (an appellant bears the burden of persuasion on appeals to this Court to show that the reliance of the Board on an examiner’s opinion was in error). Whether clear evidence exists to rebut the presumption of regularity is a question of law that the Court reviews de novo. Clarke v. Nicholson, 21 Vet.App. 130, 133 (2007).  Savoy v. Shinseki (2012)

So a smart Vet applying for HCV service connection can wrap this up in a very tidy bundle in short order. VA says this- ergo it follows that it is chiseled in stone because anything that comes from the mouths of these expert medical chuckleheads is Gospel. A=B, B=C, therefore A=C. The presumption of regularity can come back and kiss you like a barn door in a windstorm- or it can kiss the VA. Here is a classic example. Vets everywhere should get a bio on Dr. Stevens as soon as possible to pad their new presumptive claims. A nice barrage of thank you letters on a high-quality vellum would be in order after winning. His address is:

Doctor Dennis Stevens

Boise VA Medical Center

500 Fort Street
Boise, ID 83702

Telephone : 208-422-1000

Here’s Savoy: Go here first . Then type in 10-2748 in the searchbar.

Click on the blue download in the upper left to view normally

 

I’m guessing Dr. Stevens has no clue how famous he’s going to become. This also validates my theory of pie hole diarrhea.

Posted in All about Veterans, CAvC HCV Ruling, HCV Health, Important CAVC/COVA Ruling, Nexus Information, Tips and Tricks, Veterans Law | Tagged , , , , , , , , , | 2 Comments