PTSD–What does the future portend?

For entertainment purposes only.

No cookies. No attachments. No data mining. You can even vote Chicago style-early and often-and you don’t even have to be dead. I trusted you when you carried a 16 and hand grenades. Why wouldn’t I trust you now?  Comments are welcome, as usual.

Posted in All about Veterans, PTSD, Uncategorized | Tagged , , , , | 3 Comments

BVA-Yo! Remember me?

I called the BVA on their secret number yesterday and talked with a really nice gal named Cybil.  Yes, she actually told me her name. We talked for almost 15 minutes about my claims and their non-progress. She did indicate that the decision will be very soon, though. I’d like to think that she’s not peeing on my leg and telling me it’s raining out.

I asked her about a point of law and that’s when the music stopped. She regretfully informed me that they are not allowed to do that , then tried to answer the question! In the end, she decided she didn’t know and told me to call Dial a Prayer and ask to speak to a “benefits counselor”. That’s an oxymoron. There is no intelligent life there. On the off chance things had changed (remember hope and change?), I did so.

I  was told it was a 23 minute wait. I opted for the callback function. There used to be a default setting to get to the operator. You just pretended you didn’t have a touch tone phone and waited for a live, oxygen-breathing  entity. Twenty three minutes later my callback came in and they promptly disconnected me. Well, hey. That sucks. I called back and this is where it departed reality and entered the theatre of the absurd. The computer-generated person informed me the next opportunity to talk to a live warm-blooded mammal would be today (Wednesday) between 1435 hours and 1435 hours. The machine asked for a confirmation to call me back then or to schedule a different time. I was so flabergasted I inadvertently chose option two for a later date. I was then informed that this would be Monday between 1015 and 1015 or would I like Tuesday? I hung up.

Next I tried the IRIS method. I used to have the link on my toolbar way back when on the old Sony Vaio tower computer. That died. I searched all over ebennies and finally googled the damn thing and found it. Something’s wrong. It shouldn’t require an Act of God to get in touch with these Bozos.

Once upon a time when the dinosaurs roamed the earth and the VAROs were young, you could call them. Shoot, you could take the elevator up to the eleventh floor and walk in to talk to them. Somewhere around 2007, there must have been a Disturbed Veteran incident or they simply got tired of answering the phone. Suddenly we had the new Dial a Smile technology. It wasn’t the end of the world-yet. The phone still rang at the local office and you could get a decent response. Somewhere on down the line that technology was found wanting and they opted for Denise in the Salt Lake RO taking my call or Robert in Oakland. Huh? The IQ dropped below 90 and they resorted to the “Someone will get back to you on this. It’s above my pay grade and I only have the WARMS computer, sir. Have you tried Ebenefits yet?”

Now, we have the “If you want to ask about______, please press one. I tried to go into sub-menu #3 and ask about this burning question of law and was greeted with the news that  a one-time $250.00 payment as part of the 2009 Drain the U.S.Treasury Act would be available on my next paycheck and if I’d like to listen to this again all I had to do was press 4. I never got a human or even a promise of one. What gives? Are these people so verbally challenged that they cannot converse? Do we need to hire more Gomers? Why can’t they sub this out to India?  The BVA isn’t suffering this problem. Cybil answered on the third ring. No Muzak-nothing. I don’t want to get her in trouble , but all she asked for was my SSN. No name, rank, airspeed, tail number or heading.

This doesn’t bode well. I hate to say this but it appears the RO personnel are so embarrassed at a) the backlog ; b) their dismal error statistics and ; c) disgruntled Vets that they have chosen to try to deny us the right to talk to anyone-be they knowledgeable or otherwise. Actually, this is brilliant. If a Vet calls up thinking about filing a claim and your computer tells him you can’t do that until next Monday @ 1015 hours, he’ll probably blow it off. Even if he calls back at 1015, the little recorder will tell him the delay may be 28 minutes and offer the callback/hang up option. Ideally, the filing rate will shrink and the problem will solve itself. VA can then state with some authority that they are finally catching up on the backlog. I wonder who put that one in the suggestion box? They probably got a promotion.

If I hear from Iris, I’ll let you know. I wonder if that’s her real name?

Posted in All about Veterans, General Messages, Humor, Uncategorized | Tagged , , , , , , , | 3 Comments

OMERTÀ– PART DEUX

The newspapers this morning updated the fallout from my earlier post on the PTSD brouhaha at Joint Base Lewis McChord.

https://asknod.wordpress.com/2012/02/08/what-happened-to-omerta/

Much like a chain collision in the fog on the freeway, the Army is busy sweeping up the loose ends. The latest collateral damage is that the head of the Madigan Army Medical Center has been removed from his post. This was initially categorized as “on leave” to protect him from a bad OER. Col. Dallas Homas  announced this late Monday (after the newspaper had been put to bed). Actually, Maj. Gen. Philip Volpe, his immediate superior at the Western Region Medical Center announced his much needed break from the rigors of a stressful job environment. Col. Homas was “unavailable” for comment and will be for a loooong time.

Meanwhile, since gravity always carried defecation downhill, the Army Surgeon General was trotted out to contribute her two cents. Sen. Tennis shoes probably excoriated her for letting this get off the reservation. As if that weren’t enough, somehow the rank and file troops who were actually disenfranchised have  heard about it and are requesting reviews of their cases. Who taught them how to read? They should have been held incommunicado at some remote location in East Bumf***, Egypt to prevent this. The potential for this to get out of hand goes without saying. A gag order will have to issued soon or a lot more Vets are going to learn they got the poopy end of the punji stick.

Moving 14 guys to Walter Reed is not the panacea they thought it was going to be. The Army has not divulged exactly how many diagnoses it has “adjusted”.  Gen. Volpe said “As this process continues, we will undoubtedly be faced with areas not yet addressed. That said, everyone at all levels, is committed to facing these challenges head-on to ensure the best care for our soldiers”. He said he has decided to do a little checky-checky on his own. Jez, its not like they can turn the internet off at Fort Lewis. Hello? McFly?

Moving right along, Army Surgeon General Lt. Gen. Patty Horobo (no relation to Sen. Patty) has finally decided to investigate why the these untermenshen decided to close down a PTSD intensive outpatient clinic in 2010. Some people who like to play Deep Throat came forward and allowed as how it might have been because the clinicians were diagnosing Bent Brain Syndrome too frequently. Get out of here!  This has about as much scientific validity as the Prognosticators involved in Groundhog Day. Pure conjecture on the mainstream media’s part. Unsubstantiated rumors.

In an “official” news release after he’d been caught off guard and bushwhacked by the press, he revealed that Col. Homas’ administrative “removal”, formerly referred to as “leave” (now an inoperable phrase), is a “common practice ” during ongoing investigations. Here’s the “unofficial” news release- Col. Homas might as well retire. He’s screwed. If he respects the law of Army omertà, he may keep his retirement. Chances of seeing O-7 (Brigadier General) are somewhere betwixt slim and none. It’s really too bad. Homas is one of the Long Grey Line (West Point) and would fall on his sword if asked to. Knowing how the military works, our West Point graduate did not come up with this plan to screw brain-bent Vets out of compensation. No way, dude. This originated much, much higher. Nevertheless, the usual suspects will be rounded up. Spin the bottle will determine who was remiss and a Dog and Pony show presentation will ensue in the White House Rose Garden. Sack cloth and ashes will be the uniform of the day. The plight of all Veterans will be bemoaned-especially those mentally impaired by this horrific disease. And then all will return to SOS/DD (same old shit/different day).  PTSD will be recharacterized as a personality disorder and all will be well again. Walter Reed will be shut down because there will be no demand for their services. Next?

Koolaid, anyone?

Posted in All about Veterans, General Messages, Gulf War Issues, PTSD, vA news | Tagged , , , | 1 Comment

COVA–LAZANO v.DERWINSKI–ESTOPPEL

What is estoppel? It’s another one of those crazy words the Courts use to confuse all but the initiated. Let’s turn it into DickandJanespeak.  Estoppel. See? That was easy. What we have left is “stop” as in “They told me I was good to go and I believed them”. Estoppel simply means that a person relied on something said to his detriment. Lots of times this has big consequences for us. We have time deadlines to submit appeals notices and validate our substantive appeals. Delaying too long with no good reason to file a timely Notice of Appeal to the CAVC used to be a death sentence to a claim. The Court has recently relented after having its arm twisted by the Fed. Circuit. While this is called equitable tolling, it can be caused by estoppel. Nevertheless, you still need a note from your parent.

Here’s the Free Dictionary’s take on it:

es·top·pel   (-stpl)

n. Law

A bar preventing one from making an allegation or a denial that contradicts what one has previously stated as the truth.


[Obsolete French estouppail, from Old French estouper, to stop up, from Vulgar Latin *stuppre; see stop.]

I have searched for the earliest example of this in VA history and believe Mr. Simeon G. Lazano holds the distinction. While the Court ruled against him, they did not rule out the theory of estoppel entirely. They simply adopted the Supreme Court’s position that a good example of estoppel had yet to surface against the VA yet (or the government in general).

I may have to rely on this theory soon if the VA chooses to 86 my appeal for an earlier effective date. Imagine this. You file for SC. VA denies. You submit new evidence with your NOD. VA chooses to send you a SOC saying we denied you based on this and this. But…. we did receive your new evidence and will be making a decision on it soon. So don’t do anything , okay? You’ll be hearing from us. 13 years go by and you get the feeling they were funning you. You win in 08 and then ask for the 1994 date because-hey, they never called back. Everyone knows the VA takes a long time to get anything done. Things weren’t significantly different back then. VA does a DRO and says “Dude! You didn’t file a Form 9. Your claim died in January of 96.” My take on estoppel is that they “induced” me not to file the Form1- 9 until they did a new decision on the new and material evidence. By law, I couldn’t file the F-9 until they had denied again. This may be the make or break of the CAVC case if they deny me..

This is another of the long line of rights we are accorded that you might not see at first glance. It’s one of those rights that exists like a pot of gold at the end of the rainbow. We know it’s there. We just have never seen one.

Take a look at what estoppel isn’t. Mr. Lazano from 1991:

http://search.uscourts.cavc.gov/isysquery/814046b1-59b5-41ad-9c58-fdee3d402c62/3/doc/

Here’s a more recent example of what estoppel isn’t. Unfortunately this double dipper got caught and then tried the estoppel argument. It can be done, but you need it in writing from them.

http://www.va.gov/vetapp11/Files4/1140022.txt

To see where VA did it to me look at the bottom of this( Evans v. Shinseki.

https://asknod.wordpress.com/2011/09/28/cavc-evans-v-shinseki-2011-post-hoc-rationalizations-3/

Item #2 is labeled 1/95 SOC. Note the yellow hightlight that says:

“We are reviewing the additional records you submitted with your appeal and we will notify you of our decision as soon as it is reached.” 

Now, I ask you. Would you wait for a new decision based on that statement or would you file a Form 1-9 out of time and risk condemning your claim to several years of BVA purgatory?  I gave them thirteen years worth of rope to hang themselves with. I rest my estoppel.

So, if VA says “Don’t worry. Be ‘appy”, my advice from now on is to be worried and conserve your humor for decision day and the magic paper.

P.S.  I had a premature verbal emission.  Included are two important concepts of estoppel

Collateral estoppel:

A doctrine by which an earlier decision rendered by a court in a lawsuit between parties is conclusive as to the issues or controverted points so that they cannot be relitigated in subsequent proceedings involving the same parties.

Collateral estoppel is an affirmative defense that must be pleaded by a defendant in civil actions. The similar affirmative defense of Res Judicata differs from collateral estoppel in that it completely precludes the relitigation of a claim, demand, or cause of action, as opposed to an issue or controverted point, in a subsequent proceeding between the same parties to an earlier action.

The application of the collateral estoppel doctrine promotes the speedy administration of justice by preventing the continuous, duplicative litigation of fruitless claims when relitigation of them is unlikely to change the original decision made regarding them.

And equitable estoppel:

Equitable estoppel, sometimes known as estoppel in pais, protects one party from being harmed by another party’s voluntary conduct. Voluntary conduct may be an action, silence, acquiescence, or concealment of material facts.

There are several specific types of equitable estoppel. Promissory estoppel is a contract law doctrine. It occurs when a party reasonably relies on the promise of another party, and because of the reliance is injured or damaged.

Estoppel by laches precludes a party from bringing an action when the party knowingly failed to claim or enforce a legal right at the proper time. This doctrine is closely related to the concept of statutes of limitations, except that statutes of limitations set specific time limits for legal actions, whereas under laches, generally there is no prescribed time that courts consider “proper.” A defendant seeking the protection of laches must demonstrate that the plaintiff’s inaction, misrepresentation, or silence prejudiced the defendant or induced the defendant to change positions for the worse.

Here is a beautiful case of equitable estoppel where the VA tried to change their story after the fact. The evidence told a different story.

http://search.uscourts.cavc.gov/isysquery/1a85bd71-e1b3-45c1-ba34-23cdc150a369/2/doc/

Posted in Important CAVC/COVA Ruling, Introduction-Read these first, Veterans Law | Tagged , , , , , | 2 Comments

COVA–MANIO v DERWINSKI–DOCTRINE OF LACHES

VetCourtAppealsPromoVeterans have a misconception about our laws. Most I have talked to think our only difference to civil courts is the benefit of the doubt doctrine. There are many other rights and one of the earliest argued was the right of a Veteran to bring forward a claim at any time for an injury claimed as being proximately due to service. This is the Doctrine of Laches. It’s another one of those gifts of a grateful nation to its sons of war.

This was called into question after the inception of the VJRA in 1989. Emilio C Manio, another of the famous Philippine Army post-WW2, was claiming he had extensive dental problems 45 years after his time in service. Much like Messieurs Layno and Caluza, he had several friends and a contemporary dentist who vouched for his bona fides. I recognize that the Philippines consist of many islands and thus have a unique population distribution. I also agree that this case is not inherently incredible until the dental charts are consulted, but I get ahead of my story.

Emilio Had signed up on October 23rd, 1945 with the new Philippine Army which had been reconstituted following the overthrow of the Japanese. He was honorably discharged on the 28th of December 1945- two months and five days later. A notation in his discharge records oddly stated that this dental condition was not service connected. That means it had to have happened before his brief enlistment. He had submitted buddy letters from two fellow Veterans that purported to say that he had complained of pain in his teeth and gums in October of 1945. With only one week of October in service, there is no corroboration that his complaints were legitimately after October 23rd.  Most dental conditions as these described would almost have to be longstanding, but nobody wants to call a Veteran a liar to his face.

The buddies also said the dentist in their merry band had occasion to pull some of these offending teeth. Keep in mind this is Manio’s second attempt to scale the BVA wall. Extensive dental records seemed to imply that one of the teeth made its way back into his mouth before discharge. Closer comparison of the October and December dental charts seemed to indicate another tooth claimed to have been pulled was AWOL before he enlisted. This can have serious implications where a Veteran’s credibility is concerned.  In 2012, we would politely say Emilio was “evidence-challenged” rather than an outright malingerer. The VA said as much, too.

The BVA was unpersuaded by this evidence, noting that one of the teeth which Lieutenant Salvador claimed to have removed was indicated by appellant’s discharge examination to be present and in good condition. Emilio C. Manio, loc. no. 833536, at 4 (BVA Nov. 14, 1988). Appellant sought to explain this discrepancy by stating that his teeth were removed over a period of time. R. at 36. Comparison of appellant’s October and December dental charts suggests that this dental extraction occurred prior to appellant’s October induction into the Army of the Commonwealth. However, the dental charts are not accurate enough to say that with any confidence. If the charts are to be believed, appellant lost five teeth after the October examination but grew back six other teeth. Finally, in his third appeal to the BVA, appellant offered the sworn statement of dentist Dr. Dela Pena. His expert testimony that pyorrhea was the cause of appellant’s tooth loss corroborated the testimony of Lieutenant Salvador–albeit over forty years after the fact.  Manio v. Derwinski(1990)

So you see the pickle he was in. Fortunately, he was a “combat Vet” and therefore gets a bye from the Court. Additionally, he had evidence which the BVA overlooked and then tried to shoehorn in at the Appeal before the Court. Since this was the first mention of the evidence, they were forced to remand for a new examination of the evidence and decide all over whether this was, in fact, service connected.

What concerns us is the right accorded to Vets that day. The Court struck down the Secretary’s assertion that stale claims had no business being adjudicated 40 years later. They didn’t specify what a proper statute of limitations might be, but simply said this was uncalled for. Since we inhabit a sweet spot, judicially speaking (or are supposed to), we are given the right to come to Court and redress our grievances at the time of our choosing.  As we all know, what the Court  giveth freely with the right hand, they can also snatch back later with the left. This the Federal Circuit did in Maxson v. Gober a few years later in 2000.

https://asknod.wordpress.com/2011/09/27/fed-cir-via-cavc-maxson-v-gober-2000-you-waited-too-long/

Manio first stood for the proposition that the BVA was remiss in reopening his claim a second time absent new and material evidence. This might have resulted in the Court’s refusal to hear it based on lack of jurisdiction. The canon ball below the water line was this:

Examination of the November 20, 1989, BVA decision reveals that the BVA erroneously failed to consider the evidence submitted by appellant in the course of prior appeals. The BVA stated “the evidence reported in the prior Board decision will be briefly discussed for clarification purposes only.” Emilio C. Manio, loc. no. 931256, at 2 (BVA Nov. 20, 1989) (emphasis added).   Manio supra

This was fatal to the BVA’s prior decision. As the Court pointed out, all the evidence must be weighed in a reopening, not just the newly submitted. This was cited in several other decisions for years until later cases started using better examples or newer names. There is no rhyme or reason as to why Manio lost his rightful place to name fame.

In 2012, Manio stands for our right to exercise the Doctrine of Laches. It also argues (inadvertently) for the theory of Immaculate Conception of diseased teeth in Emelio’s mouth. That is an interesting argument for another day and will require the participation of the Catholic Church. What we can note from  published opinions is that Mr. Manio made no subsequent appearances at 625 Indiana Ave. NW. This may mean that he prevailed in some way or they arrived at a quid pro quo.  My guess is Emilio agreed to go home with fat pockets because they didn’t have an Excessive Awards Procedure in place yet. Perhaps this is what emboldened Mr. Layno and Mr. Caluza to attempt a similar scheme.

Ladies and gentlemen Veterans,  I give you Emilio C. Manio.

Manio_90-86

Posted in Important CAVC/COVA Ruling, Veterans Law | Tagged , , , , , , | Leave a comment

BVA–I WAS THERE,DUDE.

If everyone who said they were in Vietnam during the war had really been there, I expect it would have been standing room only. In fact, if everyone who said they got this or that medal for their combat had, there would have been a cotton and silk shortage during the late 60s. Hell, America would have experienced a period of negative population growth. I find it humorous and comment on it frequently. What would possess anyone to make claims that the VA can figure out with three quarters of their brain tied behind their back and blindfolded. Making claims for DM2 and PCT require being in-country.

Johnny Detroit here has made some claims about being in the RVN. AO claims, for the most part, hinge on having had boots on the ground there. Okay, let see when he was in the service, which branch and what the milrecs have to contribute. Reeeep! Reeeep! Reeeep! You can hear the alarms going off at the Detroit RO and it isn’t the fire door being opened for an illegal smoke break.

Johnny’s records have some holes in them which he quickly backfills. His deployment to that neck of the woods started in August 1975.  The Olympic tryouts for the AirAm Huey skids long jump was on May 7th, 1975. For all you calendar-challenged wannabe war Vets, remember this simple formula : 1/9/1962 to 5/7/1975. I bolded the important numbers for you guys from St. Petersburg. So if you weren’t there in between those two dates,  AO doesn’t count. And as most know, only a few Army and Air Force Vets will ever qualify from Thailand, Guam and the Korean DMZ.

Johnny Rebel didn’t even show up until September of 75 and that was down in the Philippines. However, he did set foot on the “Indochinese Peninsula”:

In addition, the Veteran argues he set foot in Thailand.  
However, while there is a presumption of exposure to 
herbicides for any veteran who set foot in Vietnam, 
no such presumption applies to Thailand.  The Board 
acknowledges some veterans were exposed to Agent Orange 
in Thailand.  However, only veterans who were in the 
U.S. Army or the U.S. Air Force and who served at certain 
specified bases received any exposure.  In light of the
fact the Veteran served in the U.S. Navy, there is no basis 
in the record to conclude he was exposed to Agent Orange 
in Thailand.

Bummer, dude. Back to the drawing board. He was repped by the VVA so I would assume they have that calendar I mentioned above hanging in the office.

We had a Vet who was shopping the big DM2= AO back in 08. He was Navy and claimed he was on an Aircraft Carrier out on Yankee Station in the sunny Tonkin Gulf. The Haas decision hadn’t been handed down yet, so Blue Water Vets were still filing. He was there in 75, too. The biggest problem I found was that his A/C Carrier was never in SEA. It was an old one used for training in the Caribbean. The second insurmountable problem was that they shut down the racetrack and sent the carriers home in 72. He was appealing these findings and needed lots of help. His defense to this was that he worked below deck and didn’t get topside a lot. He was told they were in the Tonkin Gulf, etc.

I’ll admit they do not have a lot of Mensa candidates employed at VAROs. The truth is, they don’t need more than one.  Vets need to understand that they leave a trail where they go in the military. It’s mostly written down. If you’re in the Navy, it’s assumed that you go where the ship you’re stationed on went. That’s a really hard concept for some to assimilate.  I’m not Navy, but I don’t have trouble with it.

Here’s another hard one that some stub their toe on. At the 2008 GOP caucus in Gig Harbor, we were inundated with a large anti-McCain/pro Ron Paul contingent. I went for the maple bars and those donuts with the sprinkly red and green doomoflotchies on top. Well, actually Grandma asked me to drive her.  The donuts were a bonus. The coffee was atrocious and so were some of the advocates for Ron. At one point, an impassioned spokesman for the Ronster stood up and gave us several good reasons for voting for him. First and foremost, he was a Vet like the man who spoke. I noticed he wore a “Vietnam Vet” baseball cap and he made sure everyone knew he was, too. At one point during a vote tally break, I sidled over and ask him a few of the where were you and when questions. He seemed “off” on his answers as if he didn’t quite know them.  He spilled the beans later when he let on how old he was during another “pep rally” for Ronbo. If you were born after 1957, you weren’t there. I’m sorry. Unless you went later with Jane Fonda on vacation, you just weren’t there.

Here’s  a few little things most don’t know. We never called it “Agent Orange”. I heard it called a lot of things including just orange. We used a lot of blue over there, too. They quit using pink and white before I got there. I hear guys say  “Yeah, I was a Green Beret. ” Not. I never heard anyone say they were anything but Special Forces when they weren’t in uniform. If they were in uniform there wasn’t any doubt. Bien Hoa is two syllables, not four. And if you don’t know what dee-dee, mao! means, you probably were not there.

Johnny Detroit was close, but no cigar.

http://www.va.gov/vetapp11/Files5/1145853.txt

Posted in AO, BvA Decisions | Tagged , , , , , , , | 5 Comments

.30-’06 Chrysler.

Have you ever had bad luck? Not serious bad luck like Hep. but like humorous, expensive bad luck? Imagine deer hunting. I always hunt with a modern firearm as opposed to black powder. Its far more convenient to have the gun go off when you pull the trigger than to have it go off a second later. That is sooo 19th century. Black Powder has its adherents but I consider it a novelty. There’s bow hunting too, but that’s even more primitive. My idea of the perfect setup would be a pile of apples, a salt lick  or two and a 7.62 X51 mm M-60.

When I moved up here after the Vietnam Boundary dispute in 74, Washington hadn’t been overrun by Californians-yet. It was rural within 20 miles of Seattle. And there were lots of deer. I hit my first one in late 78 coming over Snoqualmie Pass from Yakima. I was coming back from hunting so I just added this to the one in back and went on home. My buddy Willie was behind me and helped me throw it in after I gutted it. It toasted the right front quarter of my Datsun 1600 truck but didn’t damage the radiator. The headlight just needed some duct tape and it was good to go.

It happened again in 83 after I’d started driving Dodge vans. I center punched this buck in June and he bent the fan housing. I tied it to a tree and backed the dent out. Good to go. Gut the deer and press on. It was summer and deer tags aren’t generally accepted then by game wardens. This time the damage was to that chintzy plastic grill. Well, shoot Bubba. They cost $350 and I wasn’t trying to make a fashion statement with a work vehicle. It didn’t make the vehicle go faster so I spent the insurance on an oil change and a nice NIB .44 mag. Model 26.  Willie let on to all my friends about how I was now using vehicles to punch my deer tag. Instead of modern rifle, Willie said I was purchasing Modern Vehicle deer tags. That hurts a lot. He even said I put the little deer whistles on my front bumpers backwards to call deer onto the road. That part was a lie. The instructions didn’t actually tell you which way to face them.

In the fall of 89, I was coming back from Elk hunting with another friend Tom. Tom was an engineer. He glued homemade “sandbags” like saddlebags onto his cooler so it would ride on the hump in his F 150 and stay put. It was about 1800 and dark out. He leaned forward to pull out one of Milwaukee’s finest when a doe stepped into the road. This was still within Olympic National (No firearms) Park. We jumped out and gave her the heave into the back of his pickup. It had a canopy so no one could see in. We traveled about 12 miles before the truck started jumping and wallowing. Tom thought he had a flat tire. I turned the Stones cassette down and looked over my shoulder to see the doe trying to kick her way out. We had exited the park so we pulled over and shined his flashlight in. The canopy had some serious damage so Tom opted for the quickest repair order- the .357.  It took three shots because she was really jumping and Tom’s aim sucks after 4 beers. The guy who did his body work never even batted an eye. It must happen a lot.

I got blamed for Tom hitting this one because I was now bad luck. But being near me during hunting season was considered good luck. My Dodge 350 extended cargo Van was now nicknamed a .30-’06 Chrysler. They call the one I’m driving now the Aught One Dodge Magnum. People just don’t realize how much words can hurt.

The next one was on Hartstene Island in 92. The spell was broken. Hartstene was so small it was shotgun only. Modern shotgun, if you will. It wasn’t my van this time. The guys in front of me in a little Vega had toasted a small doe. She was still alive when I pulled up so I capped her. The kid had borrowed Grandma”s car to go into Shelton and he was in deep doo-doo. He kicked the deer a few more times and then helped me throw her into the back of the ’06. Gut and go, dude. I was getting this down to a science.

In the summer of 96 and Van #3, I was clearing three lots and there was a beautiful Maple right where I didn’t want it. A buddy named Bob  that did a lot of wood carving and salad bowels wanted a big knotty snowbreak  section with lots of burls.  On Sunday, I got the come along  and some 2X8s for a ramp and off we went.  10 miles and my second Tanqueray and tonic later, out came three deer across the road.  I had usurped Tom’s saddle cooler idea and had a nice built-in console between the seats. It had a built-in spot for a cooler. It was perfectly situated with a cutting board for the limes, too. Anything less would have been uncivilized.

Well, hey. I was a lot older and a lot wiser now. And with two double Tangos under my belt, I was exxxtra careful. I slowed down to 25 and moved to the right. Off they went to safety and I accelerated right into #4. I broke both back legs and felt sorry he was suffering. I reached back in under the seat for Mr. Smith.

At that very moment a guy, his wife and their two daughters  (10 and 7?) pulled up in their  shiny new Volvo Station Wagon with the Save the Earth stickers. The four of them all stared at the poor buck trying to crawl off the road. I walked over to send him to Valhalla and the woman screamed “Gil! He going to shoot the poor thing! Stop him! ” The guy looked at my .44, then he looked at me. He said “You are sick, Mr.”

Well, you don’t know my humor. With the straightest face I could pull together I said “You’re right.  I guess I could back up and run over him a few more times until he’s done for. There’s that, too. Probably more humane, huh?”

He looked at Persimmon face and shrugged his shoulders.  Then he turned and said “Kids, look away. This is going to be ugly.”

The kids decided to watch. The wife was still screaming at Gil to cover their eyes  when I popped it. He leaned out and said “We’re calling the cops, buddy. Just so you know- I got your license pate. You’re not gonna get away with this!” And off they went towards town.

Great. Now I had to share the friggin’ deer with Deputy Larsen. Oh well, gut and go and into the back . We mutually decided that Deputy Dave, our hunting partner, wasn’t going to be very impressed with what I could blow on his breathalyzer so we set sail back to the house the back way to skin him and hang him up.

I lucked out or Mr. Volvo lied. Dave was a no show. Bob and Candi aren’t fond of wild game so I was the lone winner.  I nursed the ’06 all the way to 2000. My wife bought me a brand new one for Christmas and I put the deer whistles on facing the right way this time. So far, so good.

Posted in General Messages, Humor | Tagged , , , | 2 Comments

New Camp Lejeune Update

I just received this from our East Coast membership in charge of such things.

Greetings

It has been a few weeks since we asked everyone to visit the House Veterans Affairs Committee’s (HVAC) Chairman’s website. Initially we were encouraged by what seemed to be a genuine response from Chairman Miller. Well a few hours ago, we received notice from the Chairman’s office of how he expressed his deep concern for our well being and respect for our service to this country.

–

Before I begin, I would like to remind everyone that our Bill for health care has been sitting in the “inbox” of his committee for almost a whole year! During that time, nothing has been done. If passed, HR-1742 (The Janey Ensminger Act) will carry the force of law.

–

Now for the Chairman. Today he put out a press release and sent a letter to Secretary Shenseki pointing out the VA has a 3 billion dollar surplus in their FY 2012 budget and asked the Secretary for his charity and allocate some the extra money to our health care. If this proposal is enacted, then what about next year and the next? Why the bait-n-switch? As Chairman of the HVAC, Rep Miller can simply appropriate the needed funding by law rather than relying on the charity of the VA Secretary. This latest move is nothing more than an underhanded attempt to take the heat of Camp Lejeune off the Congressman’s back….do not let this pass unnoticed! Please take the time to visit Congressman Jeff Miller’s Facebook page and let him know what you think. The link is pasted below. Also, please do not confuse the Chairman with the Bill’s sponsor, Rep Brad Miller (D-NC).

–

http://www.tftptf.com/Misc/Shinkseki-Lejeune-Letter-Feb-17.pdf

–

http://www.facebook.com/RepJeffMiller?sk=wall&filter=1

–

It is time to act now and be heard if you want this issue to move forward.

–

This is the comment Jerry left on his FaceBook Wall.

Representative Miller, I just finished reading your letter to Secretary Shinseki and your press release regarding benefits for Camp Lejeune drinking water contamination victims and I have some very pertinent questions for you. If you have in fact discovered a 3 billion dollar overage provided to the VA in their budget, why are you asking the Secretary to do something that you could make him do by passing HR-1742? You have had that bill sitting in your committee for nearly a year and you haven’t even allowed the HVAC to consider it!

I do agree with one thing you said in your press release, Senator Richard Burr is the champion of this issue on the senate side and you appear to be the loser on the house side...Jerry Ensminger

Here we go again. It’s just like the AO debacle. Let’s ignore it for twenty years and then see which way the wind is blowing. Memories are short. Constituents grow old and forgetful. The kids pass away and the grass starts growing again at Chernobyl. Love canal is backfilled. No problem. The sheeple put their heads back down and return to grazing on the media feed.

Posted in All about Veterans, Camp Lejeune poisoning, General Messages, Veterans Law | Tagged , , , , , , , | 1 Comment

BVA—§1154(B) COMBAT VET WINS AFTER AMC DENIAL

HCVets everywhere should take note of this one. The Vet has lost at the RO and the AMC. The VLJ sees the light and give it to him and doesn’t mumble the jive about benefit of the doubt. This guy had hep in service and smoked some white joints. So what? He did some shooting after service, but he had the bug by then. Case closed.

http://www.va.gov/vetapp11/Files5/1144065.txt

Posted in BvA Decisions, BvA HCV decisions | Tagged , , , , , , , , , , | 3 Comments

BVA–HCV=CROHNS+UC

Here we have a case remanded that I will bookmark. This will come back after remand and I want to see whether I can win on this, too. It’s going to be a race to see which one kills me first.

http://www.va.gov/vetapp11/Files5/1145516.txt

Posted in BvA Decisions, BvA HCV decisions, Nexus Information | Tagged , , , , , , , , , | 1 Comment