Fact or Rumor: Will most C and P exams be contracted out in the near future?

Posted on November 13, 2020 by Laura

Rep. Elaine Luria, Chair of the Subcommittee on Disability Assistance and Memorial Affairs (DAMA), Committee on Veterans’ Affairs, is not happy with Sec. Wilke.
And she wants a response to her letter of 10/20/20 by Nov. 16th. Why? It seems as if C & P exams by VHA employees are going away. She writes (Link to letter):

“During last year’s Subcommittee hearing on contract C&P examinations, VA testified that contract exams were intended to supplement the existing VHA C&P program, providing local examinations to rural veterans and prompt
appointments when VHA facilities had long wait times. Now, VA says full migration of C&P examinations to contractors was always the plan.

Luria is worried about a number of issues if VA retires the VHA C&P program. About 60% of C & P exams are outsourced now. She mentions the Covid backlog, the GAO report which noted that oversight of contractors was lacking, and potential lay-offs of VHA employees.

Luria writes, “For many veterans, thorough and accurate C&P examinations are crucial to securing service-connected benefits.” That is true but is she unaware that both VHA and contracted C & P exam results fail to be in the best interest of the majority of ill veterans? After twenty years of active service in the Navy, she retired at the rank of Commander (Link). It’s hard to say how much contact she had with VA during her career. But after her election in 2018, she is in the thick of VA shenanigans. As Stars and Stripes puts it, “

During a hearing she led last year, the VA said it would contract with more outside medical providers to perform C&P exams. Lawmakers were led to believe the contracted examiners merely supplemented the existing program, primarily to help rural veterans and those veterans facing long wait times, Luria said.

Recently, however, VA staff told Luria’s office about the department’s plan to shutter the C&P program at the VA and contract with the private sector for 100% of the exams.

What would be a fairer system? I think a veteran or representative should receive an allowance towards the cost of an IMO, equal to that which they pay to a contractor. The veteran could be issued a “kit.” If VA finds it doesn’t meet standards, they could buy a contracted C & P exam. The format and information in the kits should be exactly the same for the IMO and contracted providers. VA can and does still ignore favorable evidence and information in exams to deny claims.

At this moment, I’m not sure if new C & P contractors will have access to a veteran’s medical and/or military records. I remember reading about many veterans’ concerns about former Sec. Shulkin’s belief that eye exams should be outsourced because there “was a LensCrafters on every corner.” There were fears of privatization. And of course, LensCrafters are not situated on every corner. It may be that providers who join the VA Community Care Network, will also be conducting C & P exams–so wait and watch.

Laura (Guest author)

2nd District of Virginia. (Love this region.)

Update: Link to 2017 article about LHI Court Case mentioned in reply to Lem’s 3rd comment–scroll.

https://www.businesswire.com/news/home/20170615006298/en/Federal-Court-Upholds-Contract-Awards-LHI-Provide/?feedref=JjAwJuNHiystnCoBq_hl-RLXHJgazfQJNuOVHefdHP-D8R-QU5o2AvY8bhI9uvWSD8DYIYv4TIC1g1u0AKcacnnViVjtb72bOP4-4nHK5ieT3WxPE8m_kWI77F87CseT

Posted in All about Veterans, C&P exams, Congressional Influence, Food for thought, Future Veterans, General Messages, Guest authors, IMOs/IMEs, Nexus Information, Uncategorized, VA BACKLOG, VA Health Care, vA news | 11 Comments

VETERANS DAY 2020

Posted on November 12, 2020 by asknod

Wowser. What a year so far. I just had the ultimate letdown. I saw my Cardio doctor Monday for an annual checkup. I shared with him that I’d had a hard time swearing off bacon in the last year or two since the Congestive Heart Failure gig. But, to my credit, I had switched over to low sodium bacon. I wasn’t terribly interested on how they got the salt down to a dull roar and still made it taste so good but then I’m not a baconologist. Turns out the bacon manufacturers merely slice it thinner so you’re getting less salt. Shut the front door. Dr. Cardio told me to cease and desist or go to unsalted turkey ‘bacon’. Right. Tell your momma to eat that crap. I’m sticking with my low sodium diet.

I get a Google™ news feed in the morning and it’s saturated with Vet articles (naturally). These days there are more and more articles about Vietnam War Vets and their untold stories. Shoot, there are probably fewer of us true RVN Vets than there are Korean Vets. A lot of us have chaffed under nondisclosure agreements for the last 50 years. Some of the TS/Crypto guys or the big Intel weenies with read-and-burn clearances are doing 70 years penance. That pretty much hushes their mouths until death done do them parted. My NDA expired about two months ago- September 21, 2020- fifty years from the day I departed that country to the north of Thailand that rhymes with “mouse”. It’s an easy date to remember. About a week later, I left horizontally to return to Udorn.

#AirAmVet

I still cringe at the idea discussing these things out of rigid habit. We used to have a standard reply if someone asked us why we were getting out of aircraft over on the AirAm parking apron (across the highway)on the Waterpump flightline in loud Hawaiian shirts and blue jeans with .357s in shoulder holsters. “If I tell you, I gotta kill you”. To be free of it now is like getting out of jail and not wanting to go back any time soon. Imagine flying with guys named Thomas Jefferson or Benjamin A. Franklin. I’m dead serious. My most frequent pilot was Jack C. Smith- or J.C. As my superior and a PIC (Pilot in Charge), I addressed him as Mr. Smith. Behind his back we called him JFC as in Jesus F__king Christ. He invariably arrived at takeoff and never did a walk around. Preflight consisted of 3 minutes of pure oxygen at the AOC and then “#1 Mag is hot. Pull the chocks. Engine set to lean. Clear Prop and get that f–king fire extinguisher out of my way!” Warm up occurred enroute to the end of the runway for takeoff. One day ol’ Jack was so late we used the taxiway for takeoff. You could do that in a Porter-even with a hangover- but not legally. Of course, in the absence of any control tower and VFR, who was going to call you on it? But one day that nasty hangover of his caught up with us…

We called this “lumbering in” as in ‘to land in an arborous setting’. It’s not for the faint of heart. I woke up over to the left of the prop where the gentleman is standing on the side door of the A/C. 65 kts. to zero in 10 feet.

Veterans Day is for all of us who are alive. It’s a recollection (in my era of Vets) of “I’ll have a double tour to go and supersize the testosterone.”  I had to add that parenthesed codicil to squelch assuage any women combat pilots nowadays. When I flew down to Saigon to 7th TACC (Tactical Air Combat Control) to “volunteer” for Project 404 in July 1970, I asked a lot of questions which no one would answer. Everything was hush hush. All I got was this hot off the TTY and a rush clearance on the next bird to Saigon:

“Why do I have to be fluent in French?” Just sign here and I’ll brief you in, Graham.

“Where will I be stationed?”                     ”                                                                            ”

Why are you taking my wallet?                ”                                                                            ”

“Do I get combat pay?”                             ”                                                                             ”

“Is this going to be dangerous?”             ”                                                                             ”

“What’s the casualty rate?”                          Well, to be ahhh truthful? About 40%…

“Sounds pretty cool. That means 60% survive, right? Where do I sign?”

To give you an idea of what 40% meant, it was brutal. Below is a NOTAM (Notice to Airmen) I saw one morning on the bulletin board in our “Air Operations Center”.

 

If you got shot down, it was an aircraft “accident”. The “customer” referred to above was our titular head-  Consolidated International Airlines (CIA). Our actual boss was called the “Controlled American Source” or CAS. Well, actually he was called a number of things I don’t need to repeat here. CAS was his title. Our airpatch was LS 20 Alternate-Long Tieng (or Long Chieng). Most called it Alternate so you could mention it in mixed company down country without divulging the location over the fence.

Those two karsts sticking up at the end of the runway were referred to as the Titty Karsts or the Vertical Speedbrake. Some referred to this as the One-Way Runway. Long Tieng was also referred to as the ‘Extreme Westerly Terminus of the DMZ’. Here’s a map. We were conservatively 75 miles from the Ho Chi Minh trail to the east and about 20 miles due south of the Plain des Jarres (PDJ). Just over the other side of those titty karsts to the right was Lima Site 20 Ban San Tong or Sam Thong as we referred to it. In addition to a small aircraft repair facility, Air America had a pleasant 12-bed infirmary there just off the active runway for those of us unfortunate to encounter minor cases of lead poisoning.

It feels strange divulging things like this after fifty years. I’m sure Cupcake doesn’t even believe half of what I tell her of this time in my life. I find it hard to believe myself in retrospect. If the primary targets were obscured by weather, a lot of pilots dumped their ordnance here to avoid having to land with it. I hope they don’t come after us some day for bombing a World Heritage site back into the Stone age. Folks are getting sooooo woke these days.

Here’s one of the O-1 Chariots I GIB‘d in  while out sightseeing over the PDJ.

You may now understand why I have the Erawan (Three-headed Elephant) on my wallpaper. It was the Royal Laotian Air Force (RLAF) insignia. Of course, just as often we had AirAm logo plastered on them- or none whatsoever.

Life is good. I’ve burned up six of my nine lives so far and I’m still fogging up a mirror. I never expected to get out of Dodge alive back then and gave it little thought at the time. I don’t consider my service unique-just interesting. My heroes are on that Black Wall in DC-the ones that drew the short straw. But that’s a story for Memorial Day. Here’s a couple of great period songs my dad gave me. He was in country from ’66 to ’68. We’d hear snippets of these ditties being sung by the fast movers we were directing.

Red River Valley songbook

Happy Veterans Day to all of you who were so selfless as to serve America knowing full well you might end up flying a Silver Submarine home and get a hero’s welcome at Dover AFB, Delaware. I salute you all today. That “Thank you for your service” blurb makes me absolutely barf. It should be retired permanently from the Veterans lexicon..


Posted in Food for the soul, History, Humor, KP Veterans, Veterans Day | Tagged , , , , , , , , , , , , , | 5 Comments

MAKING YOUR IMO COUNT

Posted on November 8, 2020 by asknod

Lordy. After twenty five years, you would think everybody got the email/text on Caluza v. Brown (1995) including its numerous progeny. Once again, I greet yet another fellow traveler of the treadmill on the VA’s Wheel of Sorrow. Whether it be perennial remands between jurisdictions like a champion ping pong game or a depressing litany of endless ‘no’s, the glaring fact staring you in the face is something is amiss. Quite simply, if your claim/appeal was bulletproof,  you would have won in 2010. The fact that you’ve been up to the CAVC, got a JMR and it’s been up and down from the BVA to the VARO to the BVA four times since is your legal angel on your shoulder whispering “something’s missing”. The trick now is to ignore all else and listen to her.

Since the War of 1812, we’ve needed a nexus letter or, more formally, an Independent Medical Opinion (IMO) to win our disability claims. An Independent Medical Evaluation (IME) is essentially six of one and half a dozen of the other. Please note the true import of the word ‘independent’ a la Meriam Webster:

in·​de·​pen·​dent | \ ˌin-də-ˈpen-dənt  \

Definition of independent

 (Entry 1 of 2)

(1): not subject to control by others  
(1): not requiring or relying on something else : not contingent; an independent conclusion
(2): not looking to others for one’s opinions or for guidance in conduct

With that definition in hand, how can you, Johnny Vet, even conceive that the c&p examination you are given by VA has a rat’s ass chance in Hell of being in your favor? Or independent for that matter. Short of a Purple Heart in the one hand you have left, you’re going to need some top drawer evidence in your STRs. Military and VA doctors are very careful to speak in rule out, possible_____, get x rays for definitive analysis etc. I have a client who used the VAMC at American Lake in Washington (state) until I wised him up. His doctor refused  to diagnose him with DM II even though he was blowing a 125 on the fasting glucosometer and was eating Metformin like candy. The reason is simple. He doesn’t want to be seen as causing a Vietnam Vet’s AO presumption. It might  be construed as a nexus letter in a roundabout way. Independent at the VA is a Fig Newton™ of the imagination. Would you consider a c&p opinion from QTC/LHI/VES to be independent? Do tell why? These outfits “work” for VA. They are beholden to them for clientele. If they rule in a Vet’s favor too frequently, their VA business will dry up.

I can’t count how many times someone has sent me a copy of their doctor’s letter with a complete Curriculum Vitae attached. Most have impeccable credentials yet they still failed to sway the VA. What happened? My latest Vet inquires as to how he continues to lose yet has three nexus letters that would appear at first glance to be more than adequate. Unfortunately, one critical item is missing. Each doctor’s nexus involves the Veteran relaying his history-as told by him- to the doctor. The doctor dutifully records the Veteran’s version of events (history) and regurgitates a nexus based entirely on this second-hand, wholly unsubstantiated, uncorroborated account of how it went down.Not one of these doctors supplying their opinions prefaced the IMO by qualifying it in no uncertain terms such as “If what the Veteran relates is indeed true, then it is more likely than less likely that…” of course, that wouldn’t win either.

To combat that mistake, a true IMO must be built a certain way. Most Vets have military service treatment records (STRs). The VA uses these to look for an instance of injury or disease. In the case of Hepatitis C, they look for a risk factor-usually intravenous drug use or snorting any of the White Ladies. For those of you whose records purportedly burned up in the 7/13/1973 NPRC barbeque, even if you served from 1979-1983, there is less hope. I’ve done it but it was a piece of work.

Hiring an outside outfit for a truly independent IMO is essential in my book. I’m 202-2 in the win column and the two that were denied are up at the BVA on direct review. They’ll win. It’s a matter of having someone with a real IQ review it and see the problem. VA raters deny 85% of claims religiously. You can see the statistic chiseled in stone in VA’s annals. VA claims a 98% accuracy. Nevertheless, 74% of appeals that go up to the CAVC result in remand to correct errors.  An independent IMO means the rater has never met you, is not related to you, lives in another state and has never treated you. His independence is guaranteed. If s/he did not feel they could put their name on the nexus letter, they would decline to write it. They don’t make wild-ass guesses. They qualify their findings based on peer-reviewed articles published in JAMA and other noted medical journals.

Most top drawer IMO businesses do this for SSA, Workman’s Compensation and other claims in addition to VA claims. They only work with attorneys or agents. Almost all are respected by the BVA/CAVC with the exception of some we won’t mention here. The going price is usually between $1500 – $2500. If your IMO guru is asking for $10,000, find a good VA lawyer. A lot of us will “front” you the cost of the IMO if the evidence is irrefutable.

Every winning nexus will always have a summary of the evidence reviewed. Look at your most recent VA win or loss. Below the seal of the VA, your name, the date and rating authority are recorded. The next is the summary of what it was you were claiming. Following that will be the decision up or down. But most importantly, there will be a summary of the evidence VA reviewed in arriving at this decision. The key phrase that makes your IMO equal to or better than VA’s is the simple statement that your subject matter expert has reviewed your claims file in its entirety. You can list other probative items like buddy letters or a recent lab report but the must-have phrase is that the doctor writing this IMO had total, unabridged access to the Veterans entire claims file. This is what VA rests their own c&p  conclusions on. At the beginning of every DBQ, there are boxes to check off indicating whether the claims file was reviewed and whether this is an in-person examination or merely a records review (IME).

Sofa Team 6

We all laugh at the concept of the benefit of the doubt. Here, it is your ace in the hole. VA ex parte justice is indeed similar to ping pong or Badminton. You serve the claim. They return the serve with a denial. You hit the return denial back with you new IMO. Importantly, you allow VA to deny first so as to see why they feel you’re not entitled. This denial rationale can then be incorporated into the new IMO to rebut obvious errors or poor medical rationale. I try never to give VA an opportunity to decide a new nexus in the first instance.

I’ve seen every nexus trick in the book to dance around that failure to read the claims file. You never win a case by denigrating the VA’s nexus jockey. You win it by submitting a superior one in every respect. You will never see a QTC c&p DBQ denial that cites to peer-reviewed articles to support its denial. Never. It’s so easy to beat it’s embarrassing.

Granted, your legal brief has to have some mustard on it. Fortunately for us, the IQ of VA litigators, for the most part, is borderline competency. Being able to enter the parameters into the M 21 and have it spit out a denial replete with rationale is not a sign of mental prowess. It’s a simple menu choice on a computer  with “AI”. Since they are not taught 38 CFR, you’re speaking Greek. They have to go to an elder for edification as to what it is you’re saying. Phonics is not in their lexicon.

I learned early on in 1989 that merely reciting your ‘history’ with no supporting evidence is a waste of time. Hell, go down to a VFW bar if you want to get an idea of what the definition of history is. Everybody there claims to have been in Vietnam-in combat- with bad guys-and wounded but the PH/CIB/BS w/V never caught up with them before separation. The place is wall-to-wall Special Forces on Saturday nights. Too bad they don’t have to carry their DD 214s in their wallet so you can call them on it.

The teaching moment here is simple. Evidence is the beginning. An IMO must have declarations that the claims file was reviewed and that the author has never met the client. Cites to peer-reviewed medical articles puts the chicken in the pot. VA uses the “data and conclusions” method with no supportive rationale. Your IMO doctor must demolish them without being rude. Never let your IMO doctor stray off into VA law and say it’s their opinion your Vet deserves a 40% rating for ___________ in his/her opinion. Bad form. Keep it strictly to a medical opinion. Your job is to write the killer legal brief.  Bon chance.

P.S. For those who are squeamish, I’d avoid the video below.

Posted in IMOs/IMEs, Lawyering Up, Nexus Information, Tips and Tricks, VA Agents, VA Attorneys, VBMS, VBMS Tricks | Tagged , , , , , , , , , , , , , , | 3 Comments

ILP CHICKEN DINNER WINNER–HALLOWEEN TREAT

Posted on October 31, 2020 by asknod

Me and Randy at the Gilead HCV conference in 2015. Healed at last. And no, I’m not fat. That’s my gut hanging out of my diaphramless belly.

Greetings fellow VA trick-or-treaters. I don’t have a lot of claims like these because, well, it’s pretty hard to collect 20% of a greenhouse or a sleep number bed from VA on a holdback. It’s even harder to get any attorney or agent to take Voc. Rehab claims or appeals because you can’t keep the hired help paid or the lights on. I’m guessing  VA pukes know this and revel in the knowledge. Or they do right up until they see my name on the POA.

Randy and I are part of the original Win or Die Hepatitis C Vets or HCVets. We met when we were both living under a death sentence from our Hep C virus. I reckon we figured it’d be a cold day in hell if we won but even if we died before we cut trail, we could sure make life unsavory while we were still fogging up a mirror. Randy filed his VA Independent Living Program  (ILP) request shortly after I did mine. He’d read all I’d published about it, my travails and denials and my eventual win in September 2015. Little did we know that win was going to be a short-lived phenomenon. Bait-n-switched me they did. Yeeessss. Pissed I was; mmmmm. I had an ironclad ILP plan in place for a 24X28 foot greenhouse with a killer hydroponic setup that shriveled back into a 15X20 Earl Scheib speshull with no lights or running water. It came on a truck and they dumped it where told to. Not.

Why it took five more years for the Randallmeister to get his sleep number bed is an interesting story. Pop a cold one and kick back. When I was in Laos, I found a stack of body bags awaiting txport south to their hamlets of origin was mighty comfortable on my young, bony butt when I ate lunch It beat the pants off the landing gear wheel on our O-1. Our military arrangement with General Vang Pao of the Hmong forces was inviolate. Anyone who was KIA got a guaranteed return ticket to their ancestral village for a big funeral. Which explains why there were always a stack of them waiting for return flights south on wherever passed for a departure lounge. The guarantee didn’t specify when, however. I usually had to use a smidge of Vick’s Vaporub on my upper lip or the aroma would dampen my appetite. I’m not sick or demented. War was an interesting phenomenon.  You folks probably won’t have anyone to sit on so just go ahead set on a chair.

The VR&E folks in Denver began ponydogging Randy and sent his request for a therapeutic tilting bed  over to the Denver VAMC “bed committee”. I reckon they sent his request for a walk-in bathtub to the “Walk-in Bathtub Committee” too. One gal, a ARNP, didn’t get the email and actually signed something on a Friday morning in August saying ol’ Randy would be right as rain if he got this magic bed. Monday afternoon she got called into the front office and had to denounce her Friday pronunciations as pure heresy and repent. The penance was to call Randy up and say the Bed Committee had convened and found Randy’s claim wanting. All that took a year or so. Then he came to me looking for a repair order.

I wasn’t accredited yet so I referred him over to an attorney friend who will remain nameless. He got Randy his 100% P&T but somehow forgot to make sure Randy’s bed and tub were stapled to the VA Form 9. Yep. The Judge granted the claims for the Hep C and residuals but nary a word was said about the VR&E request.

Poor Randy called up the chowderhead case manager in Denver and inquired after her parentage and if she’d checked with Ancestry.com© as to any wolf lineage. What the hey? Folks are finding out they’re 1/1024th Cherokee Indian all the time. At any rate, I guess the idiots felt pretty bad but they did crank out a SOC and prep it for FEDEX™ to D.C. It arrived in early 2018. But, of all things, they granted his walk-in tub request there in Denver- under the SAH umbrella. Installed it they did. Yes.

Now, you can understand Randy was getting a mite bit miffed at this intractable bed appeal delay. He kept pestering both his attorney and the BVA to expedite this due to administrative incompetence. Finally, he called me and begged me to take it back and file a POA on his behalf. I guess that follows ‘the idiot in the bush is probably more adept than the idiot in hand’ adage. As his friend and a fellow HCVET, I couldn’t say no.

Right. You know me. I can’t sit still. I’m like an ADHD kid at the movies. Ricochet Rabbit has nothing on me. I have to keep litigating. It’s like picking at a scab until it bleeds. Call me Edith-Lot’s wife. The only difference is even if I look back, I don’t turn into a pillar of salt. All these years, I’ve attacked VA claims from the ultrasimple perspective of go get a nexus letter. To a hammer, everything looks like a nail. My immediate take was to suggest we get an IMO from my good friends at Mednick saying my boy would maximize his activities of daily living if he had a sleep number bed.

Two things happened. The appeal was heard and the VLJ chickened out.  He remanded it for a c&p to find out how disabled Randy was. The VA VR&E rocket spechullists  had forgotten to send the CER and CWINRS files to DC so the VLJ had no idea they had already given him the walk-in tub. Worse, the VLJ’s primary objective of the remand was asking for a SOC on the tub. This couldn’t have gotten any more screwed up if we’d gone out and bought a  pet goat from some guy named Hogan.

redact BVA Remand

But… remember that IMO that said Randy really really needed that bed to maximize everyday living? That was submitted in the 90 day window and had a waiver of review attached to it. It was visible in VBMS. That remand hadn’t touched down more than a week before I kited a email off to Ms. Becky, Randy’s VR&E wunderkind counselor who been riding heard on the VHA’s Bed, Bath and Beyond® committees. Having access to VBMS includes the VA Outlook email function along with the VA Rolodex of everyone and I do mean Everyone.  Sure enough, Becky hit like a Smallmouth Bass in June. She dug my number out of Randy’s efile and called me up at the crack of 0700 Hrs Friday. My email had explained the fallacy of such things as bed and bath committees and Randy wasn’t going in for any more c&ps. He was P&T.

This is too cool for school. Ms. Becky says “Hold the phone, Ramone. We’ve decided we’ve already wasted too much time and money on this and VA felt it was far more reasonable to just grant the bed claim and move on. OK?”. Right. And I reckon that IMO had nothing to do with this sudden come to Jesus moment. Cool beans.

redactWinner 10302020

So, this is the second time the mere threat of an IMO, let alone a pending one in the BVA wings, provoked the VA pukes to “see reason” and surrender. Whatever. A win is a win. I expect ol’ Ms. Becky is going to soil her underdrawers when she sees the bid we were asked to obtain. She said she’d set $6 K aside for this project. The Randster sent me over bid #1 for $9,300 before tax. And that’s with the Vet discount! Throw in the headboard and footer and it’s $11,186.54 out the door.

redactAdj. Bed QUOTE_20201031

Boy howdy. I can’t wait for Monday.

Stolen Valor dude. Busted.

Posted in IMOs/IMEs, Independent Living Program, VA Agents | Tagged , , , , , , , , , , , | 2 Comments

EXPOSED VET RADIO SHOW–10/15/2020

Posted on October 14, 2020 by asknod

Good afternoon Pilgrims. I hope this finds everyone armed and dangerous with their votes ready to be cast. I’m told this year the admonition is to Vote Early…and Often. And here I thought you only got one vote. Naw. Just kidding. I don’t live in Chicago. We received the ballots for Cupcake’s dear departed parents for years but never even thought of trying to submit them. I can’t think what that would gain you other than an all-expenses paid vacation at the Greybar Hotel. I cotton to what my mom told me when she was alive-You should only appear in the newspaper three times if you’re a man-birth, marriage and death. It was four for ladies (debutante ‘coming out’ ball). Boy howdy did that term ever metamorphose over time. I reckon it’s three or less now.  But that’s not why I called you here.

Jerrell  lined me out for tomorrow afternoon/evening’s show several weeks back. I forgot to announce it until just now-Adult Hyperspazzed-out Disorder(AHD). Fortunately, in this new electronic jungle, we can thump the drums and get pretty good coverage in short order.

For the show, I’d like to discuss several different litigation strategies VA raters have been handed of late which ignore the law. I use the term ‘handed’ to mean it has been enunciated quite clearly to the little people by the Big Kahunas of the VAROs across the Fruited Plains that they need to do their part to trim VA’s profligate, wanton spending of compensation funds. With the corona shutdown, it’s not like they have a lot of other things to do besides Faceplace©. Hence I’m seeing and hearing about a lot of these.

Here’s the gig. VA sends you a proposal to reduce. With Kung Flu afoot and the USPS running on empty, your notice doesn’t arrive for about two weeks after the date stamp on VA’s “proposal”. You don’t think much of it until a week later and by then you’re screwed. Even if you’d acted the day you got it, you were charcoal. 30 and 60-day suspense dates are suddenly flexible, arbitrary and entirely meaningless. In the instant case I show you here, the proposal- if you could even characterize it under that misnomer- was dated 9/17/2020.

redact 9-17-20 proposal

I spotted the launch of the reduction dated 10/2/2020-a scant 19 days later. What’s even more atrocious is my client didn’t receive the letter before the reduction. I spotted it in VBMS and had him supply the requested information two days later (9/19/20). I can even see his submittals timely uploaded in VBMS. All for naught. The denial has been completed and nothing- not even my request for reconsideration under M 21-1 III.iv.7.B,3(a), has been acknowledged. Whoa. Don’t laugh. I use the M 21 denial manual when dealing with VARO bumpkins. They can cite 38 CFR but cannot read it. It’s like Greek… or Klingon.

redact reduction 10-2-2020

Yep. I, too, find it incredible the VA can “pack” that many assurances into their own missive and then promptly ignore them 19 days later. Welcome to the new AMA VA.

Now, you can fight fire with fire and pad the VBMS with wallpaper which no one at VA can ignore (technically). Once you insert it, it’s poured in concrete and promptly mislabeled as “third party correspondence”.

redact filed reconsideration 10-07-2020

Nevertheless, it’s embedded. If they don’t respond, I’m learning to broadside them with a 20-0996 Higher Level of Review (HLR). The VARO pukes at the DROCs are now getting mighty hoighty toity and refusing to allow so much as a legal brief to explain the need for an HLR. Thus, inserting the legal brief into the record technically dodges this. Not. Nothing after the Rating Decision is looked at. You have to beg them to call you and then attempt to explain it in monosyllabic words with lots of ‘ya know’s interspersed. You’re lucky if you can garner 10 minutes to do this so you better have your cites at finger’s reach when Victor Alpha rings you up.

I let the VA Bozo know the legal brief is in the VBMS file even if he’s going to refuse to look at it. It’s like old Lot’s wife Edith who felt compelled to look over her shoulder to witness the destruction of Sodom and Gomorrah and turned to a pillar of salt.  I’ve noticed this propensity among doctors at QTC and LHI at c&p exams. I think they’re all a bit insecure and want mutual validation. After all, they claim to “practice” medicine-not “perform” it.  If you take an IMO into a c&p and hand it to them, they try to beg off but will accept it. A lot of times it will reverse their rush to say your ________  isn’t service connected.

Another trick I have up my sleeve is to ferret out the HLR Officer by his notes in VBMS. I can look his email address up and bombard him with even more stuff if he cuts me off short. I always claim it’s my Tourette’s Syndrome and apologize. I don’t have Tourette’s diagnosed by any other than Cupcake, though. I learned in Laos that it was far easier to call in Nape with a side of CBU 26-49s and apologize afterwards for my indiscretions. Emergent situations require special treatment.

H hour tomorrow is 1900 Hrs on the East side of the mountains and 1600 out here in Leftland.  The phone number is:

(515) 605-9764

 

If you wish to speak to us, please push one (#1) to activate your microphone.

 

Posted in Appeals Modernization Act, Exposed Veteran Radio Show, Humor, Tips and Tricks, VA Agents, VARO Misfeasance, VBMS Tricks, Veterans Law | Tagged , , , , , , , , , , , | 4 Comments

BVA HEARINGS INFO-TRAVEL BOARD AND VIDEO

Posted on October 8, 2020 by asknod

I received a NOVA update on how the Appeals backlog at the Board is faring. I’d give it (progress) a so-so on a scale of 1-10. Corovirus 20 aside, it seems the pesky backlog of Legacy Appeals continues to fester. I know it’s true in my case. I have a number of Travel Board hearings scheduled either at the ROs  or in DC to ensure we get a face-to-face hearing for my Vets. Call it what you will, it works for me. I like to have that VLJ lined up in my sights right across the table from me and pin him to his seat with my gaze. How in Sam Hill can you impress them with your earnestness otherwise? A video camera just doesn’t convey my emotion and contempt for the regional ignorance we suffer. 

Here’s the gist of the txmission from Ms. Diane Rauber:

Summary: Sharing information from recent BVA meeting:

  1. Important: The Chairman again noted that the only two ways to submit an AMA appeal to BVA is through fax or mail. There is no consistent way to capture 10182s through direct upload. They are working on this issue, so for now continue to fax and mail.
  2. If you are splitting issues, you need to use separate 10182s…..you can only choose one lane on each form.

Other information:

  1.  FY 2020 final number of decisions issued = 102,663. There were 15,600 hearings held.
  2.  There are less than 175k legacy appeals left in the system.
  3. Goals for FY 21 – issue 93,600 decisions and hold over 50k hearings. There are nearly 65k legacy hearing requests pending.
  4. AMA appeals – there are 53k appeals pending; 32k of which request hearings. According to the Chairman, the trend of requesting hearings in over 50 percent of cases will result in delays of more than a year to two.
  5. COVID coverage at BVA – they still have about 95% of work force working remotely, with about 20 people on site on any given day.
  6. Other hearing-related issues: There is no projected date for when TB hearings will return; there are approximately 14k remaining.

They are currently sending letters to veterans with scheduled TBs to provide an option to move to virtual hearings. (Note: we understand there has been a hitch with some letters going to veterans who have not requested such a hearing.)

They can hold up to 1k virtual hearings, but have only been holding about 250 per week. Video hearings are currently only be held in the following 10 ROs: Roanoke, New York, Boston, Denver, Fargo, Boise, Togus, Manchester, White River Junction, and Manila. They are scheduling approximately 6 hearings a day due to CDC cleaning guidelines.

I’ve had a TB hearing request in at Houston since 2017. I was on the cusp of being seated (May 7th) when the Pandemic hit. It still has not been rescheduled. I was looking forward to it because my old middle school buddy and neighbor is the Regional Office Director down there. Rob Worley got “promoted” following the  VA’s IT shitshow when the big new superduper computer melding of Military and VA computers for txmission of medrecs failure to launch. Actually, the pesky program still defies the programmers with little bugs. Imagine that. With all the computer whizbang outfits out there available, VA still thinks they can create this behemoth in-house. My opinion is they can’t light a fart without a  2 Billion dollar match but  I probably don’t have all the facts…

News and film at 6 tonight.

Check out the lid (overhead)

Corona lockdown: Day 189

Posted in BvA Decisions, Complaints Department, Corona pandemic, Corona virus, Food for thought, Tips and Tricks, VA Agents, vA news, VA statistics | Tagged , , , , , , , , , , | 1 Comment

Adopting a Pet During COVID-19: Resources for Veterans

Posted on October 7, 2020 by jamesaurora

 

This article is one of the many you will see in asknod.org which we provide as a public service to Veterans.  Ms. Aurora James is our newest contributor. As all of you know, Cupcake and I have quite a menagerie of pets so Ms. James’ submissions will be a welcome addition during these trying times.

As evidenced by emptying rescue shelters across the country, the COVID-19 pandemic has prompted many people to welcome furry friends into their homes. People are spending more time at home than ever before, so for many, this is a prime opportunity to adopt a pet and enjoy all of the wonderful benefits that accompany pet ownership. Veterans, in particular, have a lot to gain by bringing home a companion animal. Check out the following guide to learn more!

Why Adopt a Companion Animal?

For Veterans, adopting a pet can be a life-changing experience. Here are some ways a pet can improve your life and help you cope with mental health challenges. 

  • Dogs, cats, rabbits, hamsters, and even birds can help ward off loneliness during the coronavirus pandemic.
  • Pets offer unconditional love and support which can help reduce depression in Veterans.
  • Certain pets can also make you feel safe and help you cope with hypervigilance, nightmares, and other symptoms of PTSD.
  • Veterans who have recently retired from military life can benefit from the structure that a pet provides.
  • A pet that gets you out of the house, like a dog, can also help you rejoin society and make social connections.

How to Choose a Pet

Different species and breeds of pets have different needs. Make sure you choose an animal that will be a good fit for your household.

  • When choosing a pet type, remember to consider important factors like energy level, temperament, and common medical issues.
  • Inexpensive pets—like budgies, guinea pigs, and fish—may be better for people with limited financial means.
  • You also have to consider your ability to get out of the house and exercise your pet, especially if you have a disability.

Preparing Your Home

Before you bring your new pet home, make sure your home is set up with all the supplies you will need.

  • Be sure to pet-proof your home to protect your furry friend from household hazards.
  • You may have to replace some of your cleaning supplies with animal-friendly brands, like Dr. Bronner’s, Nature’s Miracle, and Simply Green.
  • Set up a quiet area of your home where your pet will feel safe and comfortable. 
  • To save money, steer clear of fancy pet-care gadgets and stick to the essentials.

Getting Settled

Whether you purchase a puppy from a breeder or adopt a cat from a shelter, your new animal will need some time to get settled into your home.

  • Try to limit the number of visitors for the first few days to avoid overwhelming your pet.
  • If your pet has anxiety, consider giving them calming snacks with CBD to reduce their stress.
  • Remember to make plans for pet care if you will have to return to work after the pandemic.

Giving a pet a home is a wonderful way to enrich your life with happiness and meaning. Whether you’re struggling to readjust to civilian life or just trying to get by during the coronavirus pandemic, a lovable animal can help. Start looking for your new furry friend today!

Author: Aurora James

Posted in All about Veterans, Food for the soul, Guest authors | Tagged , , , , , , , , , , , | 1 Comment

2020 Nobel Prize for the discovery of Hepatitis C virus

Posted on October 6, 2020 by Laura

The 2020 Nobel Prize in Physiology or Medicine has been awarded.

Youtube video–2:17

“This year’s Nobel Prize is awarded to three scientists who have made a decisive contribution to the fight against blood-borne hepatitis, a major global health problem that causes cirrhosis and liver cancer in people around the world.

Harvey J. Alter, Michael Houghton and Charles M. Rice made seminal discoveries that led to the identification of a novel virus, Hepatitis C virus. Prior to their work, the discovery of the Hepatitis A and B viruses had been critical steps forward, but the majority of blood-borne hepatitis cases remained unexplained. The discovery of Hepatitis C virus revealed the cause of the remaining cases of chronic hepatitis and made possible blood tests and new medicines that have saved millions of lives.’

Press release: The Nobel Prize in Physiology or Medicine 2020. NobelPrize.org. Nobel Media AB 2020. Wed. 7 Oct 2020. https://www.nobelprize.org/prizes/medicine/2020/press-release/

I wrote about Harvey J. Alter in 2015 on Asknod (Link) and (Link) and last year in 2019 (Link). In fact, he once answered a brief question I had in an email.


Image posted on Nature: “The hepatitis C virus, as seen by an electron microscope. Credit: Cavallini James/BSIP/SPL”

Good article in Nature (10/5/200): Virologists who discovered hepatitis C win medicine Nobel (Link).

The Nobel press release has graphics and an overview of the contributions by each prize winner.

The discovery was about thirty years ago; this prize, it is hoped, will remind people that HCV is still a problem and will speed up efforts to eradicate it globally in the near future.

For the tens of thousands of HCV-afflicted veterans (dead and alive), I hope this Nobel Prize will lead to unbiased public research (open access) about the likely service-connection transmissions routes of HCV.

Laura (Guest author)

Posted in Food for thought, General Messages, Guest authors, transfusions and hepatitis, Uncategorized, Vietnam Disease Issues | Tagged , | 1 Comment

THE ZEROES FOR HEROES CLUB

Posted on October 4, 2020 by asknod

Shut the front door. I thought I’d seen everything up to now. I’ve repped a 94 year old Marine and got him 100% for Bent Brain. I’ve done R2s and §1151s but this one is a daisy. Johnny Vet’s wife called me and asked if I would be interested in doing a Korean War claim. She said he was already at SMC S but he just got a remand. Well, you can imagine my confusion. What could this possibly entail? A&A or R1? Like a cat chasing a laser, I was hooked. They came over a week later and handed me the below BVA remand from Judge Mike Skaltsounis. Judge Mike is a stand up guy but he ain’t no pushover. For him to write seven and one half pages on just the history of Johnny’s claim let alone another five on Remand instructions is almost unheard of. Welcome to the “New” VA, folks. 

Johnny Vet remand 8-20-2020 BVA remand redact

I pride myself on forensic detection. VBMS is an excellent tool for determining  how a Vet got where he did with very little evidence to support it. One thing that always divulges volumes is an antique c- file number-the eight digit ones. The VA quit using these about 1971 and began using the SSN. I’m guessing they rue that decision in retrospect. So, when someone comes to you with a 17 prefix, it (and the Vet) are bona fide antiques. A c-file number is only issued once. This can occur if you put in for the GI bill or if you file a claim. With the VBMS, they scan everything they find up into the e-folder. If a claim was misplaced or ended up accidentally in the trashcan, the claim number, absent any VR&E or Montgomery GI Bill info, essentially proves you filed for something. Johnny Vet’s C 17 xxx xxx number proves what is missing-a 26-page VA Form 526. That’s how it got its name. Since he only had one major disease (encephalitis) in service, chances are that’s what he filed for. VA blew him off until he showed back up in 1965 with the same litany of ills. This was also the beginning of his membership in the Zero club.

CIB

Johnny Vet entered in 1950. His Squad, Platoon, Company and Battalion were made up solely of Black Americans as was the case in 1950. Ostensibly, segregation ended in 1950 on paper but the reality was black soldiers were used like disposable plastic cutlery for more than a decade after. With Korea in full swing, they were even employed as human minesweepers. Considering my Johnnie Vet was a mines and demolitions expert, the fact that he has a Combat Infantryman Badge (CIB) and is still alive speaks volumes. He was only one of 4 in his company who survived the 1950 Chosin Reservoir massacre.  He also has bilateral frostbite residuals from it. Johnnie did two tours but had to be medivac’d during the first one. To give you an idea of what level of racism still prevailed in 1965, take a gander at the below.

11-1965 c&p redact

This typical VA “acute but resolved” misdiagnosis with racial overtones is what provoked the problem in 2009. And 2012. And 2016. And 2018. And now, finally, in 2020. Whoever said the third time is the charm never dealt with the VA.

The Friday the 13th, 1973 BBQ in St. Louis 

The NPRCmobile

Many a tale has been told of this inglorious event. In 2009, VA told Johnnie his records burnt up in 1973.  Fortunately, the only copies in existence were obtained in 1965 and reside to this day in his e-folder. VA never bothered to look. Hey, the standard boilerplate reply is unequivocal- if your service happened before 1973, your records are charcoal. Next? I had a friend I Sherpa’d through on his Hep C claims who served from 1979-1984. Yep. The STRs went up in smoke in ’73. When we called them on it, they had no explanation-  Not so much as a man named Jed -a poor mountaineer barely kept his family fed. Not even a tricked out DeLorean. Apparently this happens all the time.

The NPRC keeps records in three different buildings. Inpatient hospital records of bases that have closed are not located with the Service outpatient Treatment Records. (STRs) Military Personnel files (MPRs) are kept in yet another building. The infamous fire burned the following only…

  • U.S. Army personnel discharged November 1, 1912, to January 1, 1960. Estimated loss 80%;

  • U.S. Air Force personnel discharged September 25, 1947, to January 1, 1964, with names alphabetically after Hubbard, James E. Estimated loss 75%;

  • Some U.S. Army Reserve personnel who received final discharge as late as 1964;

  • A very small number of U.S. Navy, United States Coast Guard, and U.S. Marine Corps records which were out of file and were caught in the section of the building which experienced the most damage in the fire.

So, it goes without saying that you might want to send in about 3 or four requests if you want to get it all. It’s there. If it isn’t, file a VAF 3288 and request a CD of your claims file.  The clerks are just incredibly lazy. In Johnnie’s case, the VA got the only copies and were supposed to copy them and send them back. They forgot. I found over 290 pages of STRs in living color buried in the file. Everything from the field hospital all the way to Tokyo and the U.S. is there. Hooo-doggies.

If you look in Johnnie’s efolder, they’re still kiting off EP 050 3101 PIES (Personnel Information Exchange System)  requests for what is already there. I just went through this for six months with my Blue Water Navy Vet. He filed in 1975 for some minor things and VA dutifully scooped all the STRs up. They archived them at the Records Management System and now know not they possess them. It took an email to Secretary Wilkie to get them to “see” them, get off the pot and rate him. Another example is my Vet Roberto down in Puerto Rico. VA can’t explain how he has a C 26 xxx xxx number (1970) because there is no 526 in the file prior to more than a year after he separated. VBMS is a treasure trove of information- if only you know how to interpret it.

The Zeroes For Heroes Club

Back to our boy Johnnie Vet. Johnnie filed again, I presume, in 1965 and they gave him the belated 0% for his disabilities without considering all the intercurrent residual symptoms of encephalitis. This is where the CUE began. It slept silently until 2016 when the BVA agreed it was CUE. Initially,  they agreed it was CUE back to 1965 (for 0%). They then must have spotted  that mysterious 17 prefix on the claims file and gave him an effective date of 1953 (again at 0%). On July 25th, 2016 the good ol’ boys back in Portland Oregon dutifully enforced his 0% back to 1953 and clean through his second enlistment from 1955 to 1956 (14 mos.) Ooops? The major problem no one addressed was the percentage due for all the residuals. That occurred five days later in July 30th, 2016. VA revised their rating and begrudgingly awarded him 10% from 1953 to his 100% total in 2009-mind you, with no legal authority from the BVA decision whatsoever. I’d call that going off the M 21 reservation but with Raters making up the rules as they go, just about anything can happen. 10% is the bare minimum VA grants for encephalitis in service. Following that, they have to add up all the other booboos and grant them under the §4.124a schedule…except the schedule has changed a bunch of times in 56 years. If VA can’t find their rear end with a methane detector, and they’ve been dogging him for 67 years, what gives us confidence they can adjudicate this with any degree of competency now?

Johnnie found this initial windfall delightful. He got a pocketful of cash for the CUE but the bozos still hadn’t done a true Fenderson staged rating from 1953. Then the non-neuropsychiatic doctor’s report popped up. This was alleged to have been rendered into charcoal in 1973; but here, like the mythical Phoenix, it rose from the ashes and reared its ugly head. This was just in 2016.  By now, the Board Chairman up in Washington DC must have been beginning to wonder what in Sam Hill this thing was turning into.  But Johnnie wasn’t finished. His gomer DAV chucklehead decided to enter him into the convoluted RAMP process. Johnnie’s DAV dude also tried to convert back to the Legacy process to file a NOD on this with a VA Form 958 after they lost. VA was having none of it (the NOD) even though they hadn’t begun printing 20-995s, 996s and 10182s yet. They actually tried to convince him he’d hit the end of the road. So much for antiquated concept of “one decision on appeal”.

Eventually, someone got it sorted and he arrived at the Board for a third time asking for what he’d asked for all along in the last two Board appeals- that elusive Fenderson staged rating that was never forthcoming. As the Board states on page 6 of this twisted tale of torture, the Secretary-not the BVA- was responsible for creating an appeal period from 1953 to 2009. Now, by law, they have to determine  what Johnnie Vet had and what he didn’t have –and most of all what periods of time he suffered X, Y and Z in the interim period...

This is just like Tinnitus. They don’t hold a Tinnometer up to your ear and say “Whoa, hoss. That’s some bodacious ear ring you got.” You tell them if it rings and how loud it is. Subjective symptoms are Layno/Jandreau/Davidson fodder. The Johnmeister is the only one who can report what he suffered subjectively from 1953 to 2009. VA will try to trot out their timeworn hack about, well, “Gee-there aren’t any doctor records showing treatment so he gets the zeroes for heroes treatment.” Wrong. Remember ol’ Larry Wilson back in 1991?

“The regulation, 38 CFR §3.303(b) requires continuity of symptomatology, not continuity of treatment. “Symptoms, not treatment, are the essence of any evidence of continuity of symptomatology.”  Savage v Gober, 10 Vet. App. at 496 (citing Wilson v. Derwinski, 2 Vet. App. 16, 19 (1991)).”

Note that our esteemed Veterans Law Judge Mike S. actually underlined a part of his decision. He also intoned the sacred words “emphasis added” just to make sure in case the local Yokels at the Seattle DROC disremember what the phrase “subjective symptoms” means. That’s pretty strong language in VAland with a strong undertone suggestive of “I better not see this sumbitch returned back here on my desk with a SSOC stapled to it. Hear?” So… if Johnnie says he’s had a monster migraine at a 7/10 on the Richter scale for 56 years, that- is- a- fact- Jack. If he says the front end of his face has been numb for 56 years and it makes him slur his speech, then yep- he’s got numb face syndrome. As for all them other symptoms like insomnia, narcolepsy, anxiety, anger, depression, fatigue ad nauseum, VA can really do nothing more than nod in agreement (no pun intended) and get out the calculator hidden behind Door #3 in Monty’s cookie jar and start adding it up.

This time, if they short-sheet him with another batch of zeroes, I’m prepared to resubmit all his allegedly “destroyed records” with a Houdini flourish and say “Yo! See my amazing asknod prestidigitation! I programmed my DeLorean back to 1953 and drove down to St. Louie to obtain these-even though I was only 2 years old. Relax. It’s just a time paradox.” Further, I’ll be whippin’ out my brand new retrospective IMO from Mednick including a true ‘to the best of my knowledge and belief ‘ VA Form 21-4138 with a year-over-year journal reconstructed by Johnnie Vet and his wife reciting all his subjective complaints.

VA is an interesting outfit. They step on their neckties more frequently than most and their excuses are equally ludicrous. I have no idea what they’ll end up paying ol’ Johnnie and his wife. Whatever it is, it won’t nearly compensate them for all those years of denials, illegal adjudications and deprivation of his legal entitlements.

Try as I might, I couldn’t talk the Veteran abd his wife out of letting this ride and scooping the initial settlement without me in between. You don’t need a PhD in mathematics to comprehend Mr. and Mrs. Johnnie Vet have decided they’re mad as hell and want real legal representation-not DAVlegalzoo.com™. 20% of this settlement is unwarranted but I will try to earn it. Honestly, folks. At this point, nothing VA does shocks me anymore. The only thing that might shock would be the addition of a storyline including a millionaire- and his wife, a movie star, the professor and Maryanne. Well… maybe one of those fancy souped up DeLoreans with the flux capacitor doomoflotchie too.

Eventually, in this business, the Vet wins. It just so happens this one has occurred before he died- not after.

And that’s all I’m gonna say about that… for now.

 

Posted in All about Veterans, Appeals Modernization Act, Corona pandemic, CUE, Inferred claims, SOCs and SSOCs, TBI, Tips and Tricks, VA Agents, VARO Misfeasance, VBMS Tricks, Veterans Law | Tagged , , , , , , , , , , | Leave a comment

BVA–WINNERS AND LOSERS

Posted on September 21, 2020 by asknod

Here’s a real eyeopener. Got this from a reader. Interesting. Statistically, I would expect attorneys would have the highest rate of success. As presented, I presume a 13.03% denial reflects the obverse-a 86.97% rate of success in either winning or getting a remand to repair it. 

PVA has some excellent attorneys on their legal staff like Jennifer Zajac who are gogetters. They do a lot of pickup work from the NVLSP, too.

VVA deals mostly with Vietnam Vets. Getting herbicide presumptives  is like shooting fish in a barrel. That would account for a large number there.

MOPH, now, is going to have a really low denial rate because they aren’t even in business. They were above average on wins when they were in business but as their Association suggests, they attracted a lot of easy musculoskeletal 0-10% SFW wounds and a few LOU/A&A/amputations from PH awardees, too.

Next, we have Agents. I’m glad to see us about here because it validates my suspicions that we were in the upper tier. Interestingly, a large number of combat Vets from RVN gravitated to VFW with documented injuries. They should, by rights, be up near the VVA stats. Personally, at this time my win/loss statistics at the BVA are 80-1. I lost Butch’s appeal for the EED of 1970 but I expected to. I’m rebuilding it now so I don’t consider it a loss yet.

I think it’s also sad to see such a marked disparity with AmVets below the rest.  State and County VSOs could really shine if they were allowed to have more training…like NOVA.

 

Lastly, it speaks volumes that 67.39% of pro se Vets can actually articulate their appeals coherently and succeed. What we cannot see is a statistical breakdown of claims by percentage. It’s one thing to win 0%-10% for tinnitus at the BVA. It’s quite another to get an R1 or R2. I would bet those would be very revealing statistics and skew this ranking entirely differently.

I suppose the glaring 800 lb. elephant here is that 67.39% of pro se Vets win which means that VA is in error 32.61% of the time just on these Vets alone. Considering the CAVC reverses, sets aside, vacates or reverses 74% of time is an indicator that the process is grossly flawed. But then we knew that.

And that’s all I’m going to say about that.

Corona humor and then some…

Posted in BvA Decisions, Humor, VA Agents, VA Attorneys, Veterans Law, VSOs | Tagged , , , , , , , , , , , | 14 Comments